IP and Technology Disputes

The Practice

Our IP and Technology disputes team is comprised of experienced litigators with an established reputation dealing with IP and related disputes before the Irish courts. Our team includes partners, Isabel Foley, Joanelle O’Cleirigh, David O’Donohoe and Gavin Woods and associates, Domhnall Breatnach, Emma Dunne, Kate O’Donohoe and Anne O’Donovan.

We are part of a multidisciplinary IP practice across the firm which includes the expertise of leading Irish IP lawyers in the areas of Technology and Innovation, Life Sciences, Tax, Media and Entertainment and Corporate. Arthur Cox has the market leading and the largest dispute resolution practice in Ireland and the IP and Technology disputes team is a key part of that success.

Expertise

Our experienced litigators provide comprehensive, specialist and strategic advice both pre-litigation and in the context of litigation including IP enforcement, seeking or opposing injunctive relief, e-discovery, trial preparation and the resolution of IP and technology disputes. We have extensive experience of alternative dispute resolution including a number of lawyers who are accredited mediators.

Our team has been involved in many of the leading IP and technology disputes before the Irish Commercial Court in recent years including acting for Times Newspapers, Paddy Power Betfair, eir, JTI and Dunnes Stores in significant matters. In the last year, we have achieved a notable success for Dunnes Stores before the Irish Court of Appeal in the case of Aldi -v- Dunnes Stores, which is now the leading case on trademark infringement in the context of comparative adverting.

Experience:

TRADE MARK LAW, IP INFRINGEMENT AND PASSING OFF

  • Successfully defending Dunnes Stores in an action by Aldi for misleading advertising and trademark infringement heard before the Commercial Court and the Court of Appeal
  • Acting for The Times in successfully opposing an injunction application by the Irish Times for alleged trademark infringement and passing off with respect to the Irish edition of The Times
  • Acting for eir in relation to comparative advertising disputes
  • Advising JTI in relation to plain packaging legislation and challenges to the legislation on intellectual property and other grounds, and representing JTI in a trademark infringement and passing off action against an e-cigarette manufacturer
  • Acting for Paddy Power in a passing off action by Roy Keane
  • Acting for House of Fraser plc in ongoing proceedings against BiBA GmbH in relation to the BiBA clothing brand
  • Acting for the artist Hozier in passing off proceedings involving Chilly Gonzalez

PATENT DISPUTES

  • Acting for Memjet Technology Limited in a patent infringement action by HP Ink UK Limited relating to an ink printing distribution system before the Commercial Court
  • Acting for Enbio in an appeal against a decision of the Controller of Patents, Designs and Trade Marks to remove the name of one of the co-inventors of a patent from the Irish Patent Register
  • Acting for Biogen IDEC MA Inc. in proceedings involving Eli Lilly in connection with alleged infringement of Eli Lilly patent
  • Acting for MI Drilling Fluids in patent infringement proceedings involving oil rigs in the North SeaRepresenting Johnson & Johnson in multi-jurisdictional litigation in relation to the alleged infringement of Novartis contact lens patent
  • Advising on multi-jurisdictional litigation in patent infringement and revocation cases including GSK v Synthon, which is the leading decision on the grant of injunctive relief in intellectual property matters

COPYRIGHT AND DIGITAL MEDIA LAW

  • Acting for eir in relation to a number of illegal downloading disputes, including the “three strikes” settlement agreement with record companies, challenges by Office of the Data Protection Commissioner, and legal proceedings by leading film companies relating to online streaming
  • Acting for Groupon International Limited in a dispute with a luxury watch manufacturer
  • Acting for Facebook in Notice and Takedown IP issues
  • Acting for the Dental Council in a right to be forgotten/defamation dispute with Google

TECHNOLOGY DISPUTES

  • Acting for Oracle in defending an €80 million claim by AIB for implementation of a banking IT system
  • Acting for Musgrave in a Commercial Court action involving Wincor Nixdorf with respect to the installation of IT payment software
  • Acting for a Polish brokerage firm in an arbitration with an Irish technology company with respect to the development of a trading platform
  • Acting for Limerick City and County Council in a technology dispute with a software provider
  • Advising various manufacturers of automated systems on potential liability issues arising under new technologies