Albright IP Limited

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DEFENDING AN INFRINGEMENT ACTION

CastleSometimes, you may find yourself on the receiving end of an infringement allegation. This usually takes the form of a ‘letter before action’ arriving and requesting that you immediately cease infringing a particular patent, design or trade mark. Such a letter may also be accompanied by undertakings which may contain various demands requesting compensation of one kind or another, and assurances regarding prevention of future infringement.

Albright IP can help you deal with this sort of situation. Infringement is rarely a clear-cut issue, but we can review the intellectual property rights at hand and advise you on whether the case against you is weak or strong. We can also suggest potential avenues for counter-attack, such as reasons that the intellectual property right may be invalid. In this scenario, this could provide leverage for obtaining a royalty-free license, for example, in exchange for silence on the issue of validity.

Often, issues of infringement can be settled by negotiating, rather than litigating in court. This is because court cases can be relatively expensive, and so it can be more cost-effective for both parties to settle out of court. However, if negotiations fail to resolve the issue, Albright IP can advise you further and guide you through the process of defending yourself in court. One of the most commonly-used courts in IP cases is the IPEC (Intellectual Property Enterprise Court), which is both cost-effective and a relatively fast route for settling court cases. There is also a cap on recoverable costs, which takes away some of the uncertainty in overall court costs.

The important thing to do is to engage professional attorneys before responding to any sort of letter claiming you infringe someone else’s rights. Please contact us now to discuss your situation further with one of our experienced attorneys.

CASE STUDIES

Defending allegation of copyright infringement

Our client was accused of using a photograph without permission on their website. Although the allegedly infringing photograph was quickly removed from the website the Claimant acted aggressively and issued a claim for several thousand pounds in the Intellectual Property Enterprise Court. Albright IP drafted a defence to the claim and we guided our client through the procedure. The claim was thrown out and our client obtained an order that the unsuccessful Claimant paid all of the legal fees incurred.


Negotiating settlement of alleged trade mark, design and copyright infringement

Our client was accused by a well-known brand of infringing a variety of IP rights with their line of products. We advised on the prospects of success and made an offer to settle under Part 36 of the Civil Procedure Rules. This “Part 36” procedure can be very powerful because of the consequences in recoverable legal costs if a party which should have accepted does not do so. Our offer was accepted and the case was settled for about 15% of the damages the Claimant had initially demanded.


Negotiating a way around a patent

Our client’s new product was proving successful, but a competitor said it infringed their European patent. On investigation, we found that the patent was potentially vulnerable to an invalidity attack. We also advised our client that the product could be changed only very slightly to avoid infringement. We negotiated a resolution involving no money being paid and the product being altered slightly, without the loss of any important features.

 

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What Our Customers Say...

Albright IP Limited
Albright IP Limited
5.0
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Jade Baron
Jade Baron
16:05 25 Nov 17
Adrian Hocking at Albright handled my recent patent application. I've been very happy with his service. He was very responsive to my questions and explained everything thoroughly. He was very supportive of my idea and consistently positive, which was also helpful. Albright has relationships with various other businesses that help inventors, so it's kind of a like a one-stop-shop. Highly recommend.read more
James Garritt
James Garritt
09:17 17 Oct 17
Adrian and his team have been fantastic in all works asked to do. They have ensured my idea has been protected in every way. They have helped with the design process also and I could not wish for a better team. You may be paying a little more than you feel is expected....but you get what you pay for and you probably save money in the long run. Highly recommended.... use without worry.read more
Tony Laycock
Tony Laycock
16:06 02 Oct 17
I have found that the company has given me excellent service in getting my patent through the process. Every time I have had a phone conversation I have felt I was given plenty of time to discuss what was happening. Along with sound advice I have been able to make great progress. In my opinion it is one of the best companies I have ever dealt with and would be happy to recommend them.read more
Kirishan Siva
Kirishan Siva
09:14 17 Dec 17
The Albright team were extremely helpful and knowledgeable in the whole patent process for our product and went through each process in registering patent to help us understand this fully. Highly recommend Adrian and team for their knowledge, efficiency and professional service!read more
Meopham Fencing
Meopham Fencing
15:27 08 Nov 17
Great advice and customer service at a reasonable price. They have enabled us to finalise our case satisfactorily. Would happily recommend them and use them again.read more
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Helpful Tips

Acceleration – it is possible to fast track the progress of your patent application before the UK IPO, for example, if you require a granted patent to determine a successful outcome in licensing negotiations. However, acceleration is at the discretion of the UK IPO and reasons in support of your request must be provided.

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Cheltenham Head Office

Albright IP Limited
County House
Bayshill Road
Cheltenham
Gloucestershire
GL50 3BA
United Kingdom

(use for all correspondence)

Cornwall Office

Albright IP Limited
Pool Innovation Centre
Trevenson Road
Pool
Redruth
Cornwall TR15 3PL
United Kingdom

Contact Us

Cheltenham: +44 (0)1242 691801
Cornwall: +44 (0)1209 316161
Fax: +44 (0)1242 692351

Vat No: 891 4780 86

 

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