Patent
Litigation

Patent litigation has become a full-fledged arena for industrial competition. Since 1 June 2023, the Unified Patent Court (UPC) allows patent holders to obtain a single enforceable decision across the member states that have ratified the agreement, with a seven-year transitional period during which national courts retain concurrent jurisdiction for classic European patents. We act before the UPC and national jurisdictions to pursue or defend infringement actions, obtain preliminary injunctions, file declaratory non-infringement claims, and handle FRAND disputes. Our coordination between European and national venues provides listed companies, tech scale-ups and industrial clients with a direct operational advantage.

Administrative proceedings before patent offices (oppositions, appeals, limitations, third-party observations) form the backbone of an effective litigation strategy. Before the European Patent Office, an opposition must be filed within nine months of the publication of the mention of the grant of the patent (Article 99 of the European Patent Convention). We act before the EPO and INPI to invalidate competitor patents or strengthen our clients’ titles, leveraging prior art and coordinating parallel proceedings. Each office decision redefines the scope of protection and reshapes the client’s commercial flexibility.

Managing employee inventions is a significant asset-related challenge for technology companies. Article L. 611-7 of the French Intellectual Property Code distinguishes between service inventions (belonging to the employer, giving rise to supplementary compensation) and attributable non-service inventions (which the employer may claim ownership of in exchange for a fair price). We advise companies and executives on the qualification of inventions, the calculation of fair compensation, and the management of contentious claims. Preventively, we implement internal policies to clarify rights and reduce future litigation.

Laboratories, biotech firms, medtech companies, generic manufacturers and biosimilar producers face disputes where patent law, health regulations and competition law intersect. Regulation (EC) No 469/2009 provides for supplementary protection certificates (SPCs) extending patent protection for a maximum of five years beyond expiry. We handle oppositions, SPCs, cross-border litigation and disputes related to marketing authorizations or clinical trials. This integrated approach secures market exclusivity and supports the profitability of Ru0026amp;D investments.

Information technology, telecommunications, semiconductors, energy, cleantech, chemistry, materials, mechanics and consumer goods: in these sectors, the patent race directly determines competitive positioning. Whether protecting an AI breakthrough, securing battery technology or defending an industrial process, we tailor our litigation strategies to each industry’s pace, technical standards and market dynamics. Our sector-specific expertise strengthens the technical precision of arguments and enhances judicial credibility before both national courts and the UPC.

We design both offensive and defensive strategies for technology groups, pharmaceutical companies, industrial players and investment funds facing multi-jurisdictional attacks. Attorneys and European Patent Attorneys (EPO representatives) work in integrated teams, combining technical analysis, procedural planning and commercial objectives. This coordination enables us to leverage interactions between parallel proceedings, exploit weaknesses in opposing cases and build strong negotiating positions. From a product launch threatened by a competitor to the valuation of a portfolio before a sale, we manage patent litigation as a tool for competitiveness.