Patent litigation: how to win against the odds

Few UK patent cases reach trial and of those, many claimants end up disappointed. Richard Kempner of Haseltine Lake Kempner outlines how UK patent owners can triumph.

Patent litigation is almost always uncertain, because the validity of the patent will need to be determined usually with expert evidence on whether or not it was obvious at its priority date.

And that is a matter of opinion—with experts on both sides usually disagreeing—and with the judge needing to decide between them.

More certainty can be achieved by the parties agreeing upon some kind of deal, whether that is by way of licensing, or a one-off payment. Often that can be done quickly, cost effectively and in a way that constitutes a win for both sides.