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Intellectual Property at Linklaters

Our experienced cross-border Intellectual Property team advises market-leading companies on high-profile IP litigation and complex IP-driven transactions and advisory matters

Linklaters is a global powerhouse for IP strategy and disputes advice.

Our cross-border Intellectual Property practice advises clients on their most complex and commercially significant IP matters.

We support our clients with outstanding legal skills,
expert sector knowledge and a pragmatic mindset,
whether in strategic IP advisory and transactional
matters or complex IP disputes.

1

Our IP disputes practice covers:

  • Patent litigation (national, cross-border and Unified Patents Court)
  • Soft IP litigation, including copyright, design right, database rights, trade mark, passing off and unfair competition disputes
  • Trade secret and breach of confidence disputes
  • IP ADR, including IP arbitrations and mediations
  • IP licensing disputes

We guide our clients through the entire journey of their dispute, from pre-litigation strategic considerations and discussions, through the issuance and running of court proceedings or ADR, to ultimately finalising and/or settling the dispute.

2

Our IP advisory and transactional practice encompasses:

  • Drafting and negotiating strategic IP agreements, including joint-venture, collaboration and licencing agreements
  • Advising on IP aspects of M&A, complex carveouts, and other corporate transactions
  • Advice on the impact of major IP legislative and policy issues 

We advise clients across all major industry sectors, including healthcare and life sciences, technology, telecoms, mobility, gaming, energy, utilities and infrastructure. Many of our lawyers have scientific and technical backgrounds which we leverage seamlessly across geographies and teams. This allows us to understand the complexities of our clients’ technologies, as well as those in their competitive landscape, to develop a technical strategy at the highest level.

We are known for running new and innovative arguments, establishing new legal precedents and adopting strategically creative solutions. We always think beyond borders and across practices. Building on our extensive knowledge of the global IP landscape, we can maximize local particularities for the benefit of our clients to deliver holistic strategic advice and seamless implementation spanning multiple jurisdictions. Working together with our market leading teams in areas such as Antitrust, International Arbitration, Corporate/M&A, Data, Employment and Tax, we provide comprehensive and integrated advice to our clients, many of whom value Linklaters as a one-stop-shop.

Clients benefit from our comprehensive IP experience, including:

Patent Litigation

    • GSK (Tesaro): in Court of Appeal proceedings regarding a dispute with AstraZeneca over the patent licence for Zejula, GSK’s PARP-inhibitor cancer product.
    • ViiV Healthcare, Shionogi, GSK: in a cross-border patent litigation relating to Gilead's blockbuster HIV treatment, Bictegravir.
    • Regeneron and Sanofi: in a cross-border patent litigation against Amgen in the UK, France, Germany and beyond, regarding a revolutionary new class of cholesterol-lowering antibody treatments.
    • Merck & Co., Inc.: in its long-running and high-profile multi-jurisdictional trade mark infringement and breach of contract dispute against Germany-based Merck KGaA regarding use of the “MERCK” name.
    • Intel: in relation to a patent infringement action by Intellectual Ventures II against internet provider Orange in Germany relating to a patent essential to the ADSL standards.
    • Seoul Viosys (a sister company of Seoul Semiconductor): advising on and representing in an enforcement campaign at the UPC, concerning patents for a new complex technology increasing the overall efficiency of LEDs.

Investment and funds

We regularly advise funds, investors and financial institutions at all stages of a fund and investment lifecycle. We bring together experts in tax, corporate, regulatory, finance and competition law to advise on aspects of domestic and cross-border fund and investment platform establishment, primary investments (including LBO transactions of different sizes and complexity, public-to-private transactions and refinancings) and all forms of exits, such as IPOs and secondary buyouts.

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Financial transactions

Our tax team provides tailored advice on all types of financial transactions, from vanilla loan agreements to complex securitisations, and regularly advises investment banks and issuer clients on major deals across the global capital markets. We confidently lead on the structuring of some of the most challenging and high-value transactions in the market, including regulatory capital and hybrid financing packages, structured bond transactions, rights issues and other novel methods of raising finance.

Contentious disputes

The number, complexity and scope of contentious disputes with tax authorities is increasing and an ever-greater number of clients are mindful of the possibility of tax litigation. Our tax team works closely with our dispute resolution lawyers to provide advice and guidance at all stages of a potential dispute, from an opinion on a filing position, to advice on responding to enquiries or requests for documents from the tax authority, to negotiation, settlement or, where appropriate, litigation. Our contentious work also extends to managing tax risk and compliance obligations in an increasingly challenging environment.

Crisis management

We draw upon experience from across our network to support clients through their most significant and, in some cases, high profile crises. We regularly advise on complex tax compliance and crisis management matters, help during dawn raids, provide efficient fact finding, represent in tax proceedings and proceedings brought by state prosecution authorities and coordinate individuals’ defence lawyers if required.

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