IP transactions partner Ed Kelly and counsel Regina Penti (both of Boston) were quoted in an August 6 Law360 article that examined patent litigation in the United Kingdom.
As companies increasingly consider global patent enforcement strategies, they explain some of the differences between the US patent trials and patent trials before the U.K. courts, which can factor into a global strategy.
They noted that the U.K patent courts have specialized judges, no juries, discovery that is streamlined, that experts are critical and serve the court and the winning side can recover most of its costs. They also noted that the High Court of Justice has a bifurcated representation process with barristers, who plan and make the arguments to the court, and solicitors, who collect information, draft briefs and support the barrister and interface with the client.
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