We have extensive experience advising on patented technology and related knowhow in both commercial transactions and disputes. Our clients operate in a wide range of industry sectors including electronics, engineering, life sciences, chemicals and consumer goods.
We enjoy learning about new technologies and quickly get to grips with the legal and technical issues which underpin each matter. We are tenacious in our pursuit of the client’s goals.
Our patent team is close-knit, flexible and dynamic, running cases and transactions efficiently, cost-effectively and in a way that is tailored to suit each individual client’s needs. Where our work has an international dimension, we are independent, and well accustomed to collaborating with lawyers across multiple jurisdictions to develop and deploy seamless cross-border strategies for our clients.
By drawing on our extensive expertise, experience and creativity, we help our clients to formulate and deploy tailored and effective dispute resolution strategies.
We work throughout to achieve the best possible commercial outcome for our clients. We recognise that clients often do not want litigation and its associated costs, and are able to settle many cases on acceptable terms before trial.
We have considerable and wide-ranging expertise in acting for both claimants and defendants in patent litigation in the English courts, and in relation to parallel disputes in other jurisdictions, where we have strong working relationships with leading patent practitioners.
Our experience includes:
- infringement, validity and ownership opinions and disputes
- contractual disputes (licences, R&D agreements etc)
- supplementary protection certificates
- negotiating cross-undertakings in damages
- associated competition law issues
Our wide-ranging industry sector experience allows us to apply concepts from one sector to another and to provide creative solutions to our clients, helping them to achieve commercial success through the exploitation of patents and know-how.
We frequently draft and negotiate agreements concerning the creation and exploitation of patents and know-how both in the UK and internationally, such as:
- patent and know-how licences
- R&D and collaboration agreements
- confidentiality agreements
- consultancy and commissioning agreements
- IP ownership clauses in employment contracts
- manufacturing licences
- distribution agreements
- material transfer agreements
We draft and negotiate contracts concerning the transfer of patents and know-how, and other related rights, such as the right to claim priority and patent royalty streams, and agreements granting security over patents and patent licences.
We know that flexibility is important to our clients and we are very happy to provide as much or as little input as our clients require during commercial negotiations.
Our lawyers regularly deal with queries from clients on their existing contracts, for example, concerning termination rights, royalty obligations, competition concerns and interpretation of terms more generally. Wiggin can provide strategic licensing advice on, for example, intra-group and/or commercial licence arrangements and patent licensing programmes.
We advise on the sale and purchase of patents and patent-related rights, undertaking due diligence on the rights being acquired and/or on underlying agreements. We always strive to ensure that our advice is informed by the commercial as well as the legal and technical aspects of any situation.