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Avoiding litigation is usually a better option than defending it. With their fingers firmly on the pulse of how the courts assess infringement and validity of rights, our contentious IP teams are ideally placed to assist in assessing the risks involved in any new project, no matter what the sector or technology.

Launching a new product or using a new process is seldom risk-free. At least a part of that risk can be managed by an assessment of the IP landscape. Whether the issue arises in a sector where the IP rights concerned are brands, or one where only patents are in issue, we can provide specialists in those areas. For international clearance we can coordinate advice as necessary.

If general freedom to operate advice is required, our contentious IP teams can arrange for relevant searches to be conducted, and then examine the results through the eyes of experienced litigators. Our regulatory team has extensive experience helping clients navigate regulatory requirements and exclusivities. If a particular risk has already been identified on which specialist advice is required, we can provide a bespoke opinion.

If a particular risk is identified, we can advise on the magnitude of that risk, how it might be lessened (for example by modifications), or whether pre-emptive steps might be taken to challenge existing rights and/or seek a declaration of non-infringement. Of particular concern may be that a product launch may be met with an application for an interim injunction. Again our wealth of litigation experience is crucial in giving the right advice.

In some cases it may be desirable to seek a licence to operate. In such cases, our commercial & IP transactions team can advise on the right type of arrangement and conduct, or help in the conduct of, negotiations as required.

In all cases we offer pragmatic, practical advice. We are also happy to accommodate the inevitable budgetary constraints by showing flexibility in fee arrangements.

Key contact

Ian Gruselle

Ian Gruselle

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Myles Jelf

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Experience

Global oil company: review of competitor patents in the fuel additive space prior to the launch of a new fuel product

Major innovative pharmaceutical company

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What others say

“Bristows are extraordinary. Their advice is always succinct, commercial and timely. They can take an extremely complicated issue and educate an entire group of non-lawyers with ease.”

Chambers & Partners 2025

“Bristows are specialists in their areas of expertise and are very commercial and pragmatic. They deliver legal advice in a clear and easily digestible manner.”

Chambers & Partners 2025

“Bristows’ senior partners are highly knowledgeable, tenacious and experienced. The team is always highly responsive.”

Chambers & Partners 2025

“The Bristows team is always up to date with market trends and legal updates.”

Chambers & Partners 2025

“Bristows is the firm I go to whenever anything more challenging comes up.”

Chambers & Partners 2025

Recent rankings and awards

Intellectual Property: Patent Litigation - Band 1

Intellectual Property - Band 1