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VIDEO · 29 MARCH 2021

Ten Things To Think About When Settling Patent Litigation (Video)

Bristows LLP
Bristows LLP
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Bristows LLP

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Settlement and licensing agreements have the potential to give rise to competition law risk

United KingdomAntitrust/Competition Law
  1. Settlement and licensing agreements have the potential to give rise to competition law risk – be aware of those from the outset and consult your in house legal team
  2. Consider how complex an agreement needs to be – the simpler the agreement, the less likely it is to give rise to competition law concerns. A pure walk away will not be problematic
  3. The parties to patent litigation are likely to be regarded as potential competitors – keep that in mind
  4. Value transfers are broadly defined – and a significant value transfer to the potential infringer will give rise to risks for both parties
  5. Monetary value transfers will be scrutinised carefully – but any arrangement which significantly benefits the potential infringer without immediate and unconstrained market entry will cause concern

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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