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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. Our clients trust us to deliver when the stakes are high.

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.

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.

Our experience

  • 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.
  • Unilever: on the sale of its global tea business to CVC for €4.5 bn. Unilever’s tea business included a portfolio of 34 leading brands, including the iconic ‘PG Tips’ brand, as well as ‘Pukka’, ‘T2’ and ‘Tazo’. 
  • Citibank, N.A.: on the complex brand licensing issues arising from the disposal of its consumer banking businesses in nine jurisdictions with a value of approximately $7 billion. 
  • Nestlé: on its joint venture with PAI Partners in respect of Nestlé’s frozen pizza business across Europe.  Brands were central to the deal which involved the transfer and/or long terms licensing of the Wagner, Buitoni and Garden Gourmet brands from Nestlé to the joint venture entity in numerous countries across Europe. 
  • Thermo Fisher Scientific Inc.: advised on the scope and exclusivity of complex patent licence agreements in relation to its £2.25 billion acquisition of The Binding Site Group, a global leader in innovative medical diagnostic products.
  • Gymshark: advising on the franchising of its brand in the Middle East, including drafting and negotiating a long term franchise agreement with a reputable franchisee within the region.

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