OUT-OF-COURT IP SUPPORT

Legal actions are often preceded by extrajudicial phases, i.e. external to the process, with exchanges of letters and warnings in order to try to reconcile antithetical positions of the parties and thus avoid starting costly legal disputes.

In this preliminary phase, in addition to substantive checks on the validity of the enforced exclusive right or on the effective interference with its field of protection by a product or procedure, it is necessary, in order to understand the real chances of winning in any legal dispute, to take into consideration multiple aspects.

Among the most recurring aspects, the following stand out: the economic interest in the action of the client company, the economic strength of the counterparty, the interest or need of the counterparty to maintain the position, for example on the product object of the dispute, the possibility of extending the dispute with other legal actions also in other countries, the possibility of extending the legal actions also to other titles in Industrial Property or on other products, the possibility of criminal actions, the possibility of introducing variations to the product to circumvent the field of protection of a patent, the possibility of stopping a case on the merits with another action or with a European patent opposition, the possibility of cross-licenses on the patents of the parties, the impact of market awareness of the presence of the legal action, for example for renown of the company, the cost of the legal action, the maximum risk in terms of compensation for damages in case of losing the action, the possibility of choosing the competent Court where to discuss the case, the summons for connection of third parties, the possibility of resorting to urgent measures, etc...

Aware that lawsuits always involve an important commitment for client companies and a significant expenditure of resources, we have gained the experience to achieve important goals for client companies already in the initial phase of the onset of the dispute.

Our firm is ready to provide you with legal support, also assisted by firms of expert lawyers in the industrial property sector, to offer you the best possible assistance.

Our services include:

• Definition of the legal strategy related to the enforcement of Industrial Property rights of client companies or to the defence of client companies following legal actions by third parties;
• Definition of the legal and technical team of professionals or expert law firms with exclusive competence in the various disciplines of Industrial Property, sector technicians, IT technicians, university professors, test laboratories, accounting firms for the quantification of the damage, etc.
• Evaluation of the risks and opportunities of legal actions;
• Extrajudicial correspondence with the counterparty;
• Preparation of warnings and defense from warnings;
• Preparation of Agreements;
• Technical consultancy during the case;
• Infringement search;
• Freedom to operate;
• Assessment of the quantum of damages in legal actions;
• Advice on acts of unfair competition;
• Advice on theft of Know-How;
• Company policy for the defense of its Know-How;
• Coexistence agreements between products on the market;
• Transfer and licensing agreements regarding Industrial Property rights and/or Know-How.