European patent litigation second opinion
A legal department already has a law firm on a patent dispute. It wants to test the analysis, secure a procedural decision, choose between several jurisdictions or prepare a board meeting. A second opinion in European patent litigation provides that independent, fast and directly usable view, without displacing lead counsel.
The need a second opinion answers
Patent litigation involves significant amounts and choices that are hard to reverse: act or wait, sue before the Paris Judicial Court or the Unified Patent Court, file an opposition before the EPO, accept or refuse a settlement. These decisions often rest on the analysis of a single firm, involved in the case for a long time. A second opinion tests that analysis against an outside view, with neither the history of the case nor an interest in defending positions already taken. It is particularly useful before a decisive hearing, before an appeal, before an opt-out decision or when assessing a settlement offer.
What you receive
- A scoping questionnaire and a closed list of the documents required, to limit time spent and scope.
- A chronology of the dispute and an analysis matrix covering validity, infringement, procedure, evidence and injunctive measures.
- Scenarios with a qualitative assessment of their prospects, costs, timelines and tipping points.
- A short note or a strategic opinion, written to be read by management, followed by a debriefing meeting.
- A clear recommendation and a thirty-day action list.
How we work
First, a thirty-minute scoping call checks the absence of conflicts of interest, defines the question asked and agrees the format. Next, a written proposal with three levels of depth is sent within forty-eight hours, with a time cap. Finally, the analysis is carried out from the documents provided, without contact with the opposing party or the court, and presented orally before the document is delivered. Lead counsel can be involved in the debriefing if the client wishes. Confidentiality is guaranteed by legal professional privilege.
Who it is for
Legal departments and IP managers of industrial, pharmaceutical or technology companies, foreign firms needing a French or European reading of a case, patent attorneys who want a litigation view before advising an action, funds and acquirers facing ongoing litigation in a target.
What comes next
A second opinion ends with a recommendation. Depending on the case, it may lead to a litigation readiness review, a litigation coordination engagement, a negotiation or a local opinion for a foreign firm. It may also confirm the current strategy, which is in itself a useful outcome for management.
Frequently asked questions
Does a second opinion replace my current firm?
No. It provides an independent view on a case handled by another counsel. The firm acts as independent counsel and not as a replacement. A change of counsel, if decided, is a separate decision for the client.
Which documents need to be provided?
The list is closed and agreed during scoping: the patent and its prosecution history, the pleadings exchanged, the decisions issued, the main evidence, settlement correspondence. The analysis covers those documents only.
How long does it take?
The timetable depends on the format chosen and on procedural urgency. It is set in the proposal and kept thanks to the time cap and the closed document list.
To arrange a scoping call, contact the firm.