Patent Litigation Trends in England & Wales - new report

We are delighted to release our latest report Patent Litigation Trends in England and Wales.

Led by Sean Jauss and Emma Kennaugh-Gallacher the report is the result of in-depth analysis first started in the summer of 2021.  

Our report examines data collected between 1 January 2020 and 1 December 2021 in both the Patents Court and the Intellectual Property Enterprise Court (IPEC). It looks at the types and sizes of businesses that are most frequently filing claims as well as where they are based. It also explores the industries and technical areas where parties tend to operate, and the strategies deployed on both sides of the dispute.

Sean Jauss, Partner, Solicitor, Litigator and Head of Legal at Mewburn Ellis commented:

“The figures in this report indicate that patent litigation in England and Wales is a risky endeavour for the claimant, chiefly because a patent at trial is likely to be revoked for invalidity and ultimately lost. However, the vast majority of claims do not proceed to trial, either because the claim is weak or the claimant has strong infringement arguments and a robust validity position, which encourages settlement. It is important, therefore, for claimants and defendants to be aware of the risks and to develop litigation strategies that maximise the likelihood of a desirable outcome"

“I am very pleased and grateful to the team behind the production of this report and confident that these insightful findings will be of interest to those who may be looking to file a claim or are already in the midst of a dispute.”