Our Intellectual Property (IP) group routinely run large and complex patent litigation in Australia, and our patents work is the fastest-growing area of our IP practice. Major corporates continue to come to us looking for a fresher approach to their patent strategies.

We are gaining impressive recognition locally as a firm with a strong patent litigation and patent advisory practice. Our team’s capability has recently been boosted with the arrival of leading patent litigator John Lee, who brings over 20 years’ experience conducting patent litigation across a range of industries, including mining and resources, ICT and financial services.

As with all our IP litigation, we approach patent litigation with clear goal setting, following plans and taking strong interlocutory and procedural action to deliver results that our competitors are often unwilling to pursue. We understand, and are used to working on, cross-border patent litigation and we work well as part of multi-national teams.

Our enormous knowledge in the fields of technology and telecommunications means we have frequently advised clients who operate in the internet and communication spaces to navigate very complex potential patent infringement and validity issues.

With rapid changes in the market, shifts in legal practice and the challenges presented by new technology, we are one of the few firms capable of responding to the new environment with fresh litigation strategies and the use of technology.

Our services

  • Litigation and defence - At any given time we are running a number of substantial patent infringement cases or defending patent claims in the Federal Court
  • Invalidity challenges - We have substantial experience undertaking validity review, freedom to operate and other investigations of patent validity
  • Advice and counselling - We have advised on all aspects of patent law including patentability, entitlement, ownership, chain of title, disposition and assignment, infringement, defences and accessorial liability
  • Due diligence and transaction support - Our team is very experienced in undertaking patent portfolio review and analysis to support corporate transactions
  • Clearance and licensing  -  Standard patents, innovation patents (a unique form of Australian protection) and related technologies and confidential information.

Gilbert + Tobin “maintains a respected patent litigation practice, representing a number of high-profile clients.”

Chambers Asia-Pacific, 2015