INTRODUCTION Contributed by: Nicola Dagg, Daniel Lim, Jin Ooi and Alex Magnusdottir, Kirkland & Ellis International LLP
Conclusion Litigation in the pharmaceutical and life sciences industries is often highly complex and involves concurrent cross-border litigation in numerous jurisdictions. As the snapshot of issues pro - vided by this brief overview illustrates, the law and practice in the area is constantly developing and continues to evolve, such that, in navigat - ing life sciences and pharmaceutical patent dis - putes, it is essential to have up-to-date advice and information from experienced practitioners in the field. It is hoped that this guide is helpful to readers in providing a high-level overview of some of the essential features of life sciences and pharmaceutical IP litigation across the range of contributing jurisdictions.
EPO and national rights and actions must all be taken into account in product life-cycle planning. Litigation funding In the medical devices, product liability and related fields, litigation funding has globally become an increasingly important factor in litiga - tion strategies. While litigation funding has a long history in the USA, over the last year we have increasingly seen it utilised in the UK, where a proposal for reform of third-party litigation fund - ing is expected this year. This enables parties that might historically not have been litigious, or able to undertake large scale litigation, to enter the litigation arena. While not prevalent in the medical devices or product liability space in the UK and EU as of yet, it is likely only a mat - ter of time until the first funder-backed actions emerge.
8
CHAMBERS.COM
Powered by FlippingBook