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Lawyers

Victoria Bentley

Shoosmiths LLP, West Midlands

Work Department

Intellectual Property

Position

Expert in relation to issues facing clients moving into ‘smart’ or digital industry, Victoria is praised by clients for her pragmatic and strategic thinking.  With over 17 years' experience, she has a strong specialism in patent litigation.

Clients benefit from Victoria’s technical background in software development, enabling her to advise on high tech patents and other IP issues in complex technology sectors. Her skill in quickly grasping diverse subject matter is highlighted and she has particular expertise in patent and FRAND issues within wireless communications and other standards-based industries.

Unusually, Victoria also has considerable experience in life sciences patent litigation and a specialism in medtech and digital health.

Experienced in providing FTO analysis and opinions, Victoria helps pharma and medtech clients bring products to market including through co-ordinating complex, cross-border patent and SPC cases. Speaking fluent German, Victoria provides a seamless service on matters with a German aspect.  For clients outside Europe, she adds strategic value in leading multi-jurisdictional patent matters across Europe.

Experience includes:

acting for a major US wireless communications company in one of the largest patent actions before the UK courts, involving 35 patents declared 'essential' to 3GPP standards relating to wireless technology; acting in a major patent and FRAND case in relation to Digital Subscriber Line (DSL) technology and patents declared essential to IEEE standards, including a trial of two patents in January 2019; advising a client moving into digital health on issues relating to connected devices from R&D and technical standards through to FRAND licensing and strategies for enforcement; acting for a generic pharmaceutical company in its successful revocation of a Supplementary Protection Certificate for a dual-combination drug used for the treatment of HIV; supporting a client in patent licence negotiations including a review of a patent portfolio; and acting for clients in disputes relating to copyright in software, where an ability to understand the source code has been important; acting in successful defence of an action to revoke a pharmaceutical client’s patent for its blockbuster drug, achieving settlement on the first morning of a 13-day trial.

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