JUVE Comment

Unfazed by the COVID-19 crisis, this small IP litigation boutique maintained its strong presence at the side of generics companies in some high-profile cases before the UK patent courts. This setup means that the firm is well-positioned to handle a potential rise in demand for advice on life sciences patents during the pandemic.

The firm’s mainstay is advice to the generic pharmaceuticals industry on the patent law aspects of launching new drugs, more specifically the avoidance of disputes. This advice would hardly be possible without litigation experience in the courtroom. Founder Duncan Curley does indeed have an excellent reputation for his litigation work and was recently in action on the side of generic drug company Aspire in important litigation concerning travoprost, which treats internal eye pressure, at the High Court. The list of regular clients also includes Dr Reddy’s. Duncan Curley also acts for tech companies from time to time, such as in a recent dispute for Add2 against dSpace over automotive electronic control units which is now settled.

As one of few independent litigation firms in the London market – besides the two market leaders Bristows and Powell Gilbert – Innovate Legal can hope to become increasingly attractive to continental patent litigation firms that do not have their own office and are seeking cooperation partners in London for pan-European disputes over drugs and medical products. For the many continental European firms, the supply in London is limited. This situation could even intensify if life sciences disputes are heard at the UPC in the medium term.

Strengths

Life sciences litigation for generic drug companies.

European strategy

Innovate Legal is clearly a national boutique, with one office in London. It has no plans to expand the practice to Europe, although it does coordinate parallel cases across European countries such as Greece, Spain, France, Belgium and Ireland.

Recommended individuals

Duncan Curley

Team

2 lawyers

Specialties

Boutique IP firm with patent and some trademark capabilities. Particularly visible in life sciences disputes for generic drug companies. Advice to biotech innovators. Advice also on antitrust law.

Clients

Litigation: Aspire (claimant) against Alcon in valitidy case regarding glaucoma treatment drug travopost; Aspire (claimant) against Alcon and Novartis in validity case regarding second medical use patent; Add2 (claimant) against dSpace over automotive electronic control units (settled 2021); frequent litigation for Dr Reddy’s (all public knowledge).