Strategic Patent Dispute Resolution:
Defending, Enforcing, and Leveraging IP

We would begin with a detailed infringement analysis to confirm claim infringement and gather evidence of the infringement. If there are any questions or concerns around claim validity, these would be addressed and assessed at the same time. Generally, resolution commences by issuing a cease-and-desist letter.

We research the other party, their standing and identify the strengths and weaknesses in the asserted infringement position. Sometimes we look to get input from a person skilled in the art to firm up our view. If there is a possibility of infringement we can then assess the validity of the asserted patent right. In order to assess aspects of validity that relate to novelty and inventive step, a patentability search may be required to see whether the Examiner has reviewed and considered all relevant art. It may be possible to initiate re-examination proceedings against the patent if such prior art is found. In any case, our team prepares counterarguments drawing on technical expertise to weaken their perceived position and will reply on your behalf. This strategic defence often leads to dismissals or favourable terms, protecting your operations.

We provide freedom-to-operate opinions, analysing potential overlaps and recommending design-arounds or invalidity challenges. If needed, we initiate oppositions to help clear the ground of relevant pending applications so that your launch can proceed with greater confidence.

We perform IP due diligence to identify and resolve disputes early, strengthening your portfolio through oppositions or negotiation. Generally speaking, by addressing issues transparently, with insight and confidence, we enhance investor trust turning potential red flags into a demonstration of IP clarity and rigour.

A patent opposition may be filed at IP Australia or patent offices abroad, supported by prior art searches and technical arguments to establish grounds and evidence. Our experience, as in Dynamic Suspensions Pty Ltd v Elizabeth Anne Molnar [2021] APO 8, ensures targeted submissions that often result in amendments or revocations.

Absolutely—most are resolved through negotiation with some proceeding to mediation or arbitration. Patent disputes rarely reach a court in Australia. By leveraging infringement evidence, expert evidence, commercial incentives and argument, we often secure settlements that sometimes include cross-licences or exclusions.