Withers & Rogers - Litigation Group
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Our Litigation group specialises in representing clients in litigation concerning intellectual property rights before UK and German courts, opposition and appeal proceedings before the European, German and/or the UK Patent Office and all proceedings before the EUIPO regarding community trade marks and designs. Our lawyers also provide support in the drafting and negotiation of contracts for industrial property rights. We are also well equipped to represent our clients at the new Unified Patent Court and in associated proceedings.

Our experience in the UK and Germany

In the UK we have experience conducting litigation before the Court of Appeal, the High Court and the Intellectual Property Enterprise Court (IPEC). We were the first patent attorneys to win in the Court of Appeal in Vector Corporation v. Glatt Air Techniques, Inc RPC 10 [2008]. We also specialise in proceedings before the Intellectual Property Enterprise Court (IPEC). In the court cases we have handled we have delivered extremely cost-effective litigation with the added benefit of a high level of technical knowledge of the matter

In Germany, we have conducted various legal disputes at regional courts and higher regional courts as well as at the Federal Court of Justice in recent years. In a case law-shaping procedure (“Disc Brake 2” November 8, 2022, X ZR 10/20), we were heavily involved in finding the law on the subject of “patent exhaustion” and were able to successfully defend the interests of our clients. We routinely advise our clients in relation to the Employee Invention Act in Germany regarding ownership of inventions and employee compensation.

With regard to trade marks we not only represent our clients in trade mark proceedings, such as obtaining co-existence agreements, but also support our clients in the national enforcement of trade mark rights and in EU trade mark cancellation proceedings at the EUIPO.

You can also benefit from our in-depth experience with drafting and reviewing license agreements, settlement agreements, NDAs, transfer agreements, employee remuneration agreements or IP clauses in other contracts, e.g. distribution or research and development contracts.

Unified Patent Court

The Unified Patent Court (UPC) promises much in terms of simplifying patent litigation across Europe. The UPC rules of procedure were designed to take the best features from the IPEC, the German and French patent courts.  They create opportunities for novel litigations strategies that our experienced team will be sharing with clients. Both in the defence and in the enforcement of the rights of the property right holder, the UPC presents new avenues and possibilities for the effective use of the legal system. Our litigation group will support our clients.

Broader perspectives

The members of our Litigation group are patent attorneys and German/European lawyers who are authorized to act before the national courts and patent and trade mark offices as well as before the EUIPO or UPC. They have years of experience in enforcing and defending intellectual property rights such as patents, trade marks or designs.

Our experienced and knowledgeable team has an excellent track record at the EPO, UK and German Patent offices, having conducted many oppositions, appeals and oral proceedings on behalf of clients.

Our goal is to provide a service that is open, accessible and makes commercial sense. We try to ensure that the language we use when talking to clients is free of incomprehensible technical terms and that our advice contains clear recommendations, not just convoluted legal analysis.

As a group, we keep an eye on current developments in case law and legislation, ensuring that we always offer our clients the best possible service.

For further information please contact the group's lead attorneys:

Dave Croston

Dave Croston




+44 1926 310700

Office: Warwick

Nick Wallin

Nick Wallin




+44 20 7940 3600

Office: London