Preliminary Injunctions in IP cases Simon Smith Partner Blake Lapthorn Taro Lyons.

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Presentation transcript:

Preliminary Injunctions in IP cases Simon Smith Partner Blake Lapthorn Taro Lyons

How can we stop them? Real risk of infringement causing damage Real risk of products being brought into the UK Must act quickly

Factors supporting injunctive relief Having acted quickly! Imminent threat Damages alone are not sufficient You own the IP Financial stability – evidence!

Possible defences to anticipate No infringement Patent invalid

Timing and costs A few days – interim injunction Write letter before action or go ex parte? Significant risk of significant harm 12 months to trial – may be more Initial injunction - £15 – 20k Full trial - £100k?

Resources and evidence needed Financial strength Evidence of market position Evidence of use of trade mark Evidence of why infringement/damage is anticipated Evidence of what has been imported so far?

Remedies Permanent injunction Damages or account of profits Delivery up Seek help from HM Customs & Revenue – impound?