Peter Damerell is a partner with Powell Gilbert LLP. Peter specializes in IP litigation, advising clients on complex disputes across a diverse range of technologies.
He advises on a wide range of contentious IP matters, including patent, trade mark, design right and copyright disputes. He has extensive experience in handling complex and high value patent litigation before the UK courts (including up to the Supreme Court). His cases are commonly international in nature, and he often works with legal advisers from across Europe, North America and Japan, contributing to and often co-ordinating multi-jurisdictional patent litigation strategies.
Peter’s scientific background provides him with a firm understanding of technical issues. He is experienced in working with a diverse range of technologies, including pharmaceutical products and formulations, biotechnology, medical devices, telecommunications and engineering.
Peter has particular experience in providing freedom-to-operate advice to pharmaceutical companies in relation to patent matters and advising on SPC filing strategies, notably where such applications are contested. He is also experienced in advising telecommunications companies in relation to patent and FRAND issues, having been involved in a number of the leading UK cases in this sector. He also spent six months seconded to the legal department of a global IT company.
For a long time, the courts in England have been a forum of choice for the resolution of disputes between international parties, with the promise of an experienced judiciary and a cost-efficient approach to discovery and expert testimony. The English Patents Court is no exception, with multi-jurisdictional patent disputes often featuring an English action. In addition to the availability of specialist judges and legal teams, the ability to obtain some discovery when needed (but without the extensive, onerous and costly approach to discovery in the United States), to cross-examine experts at trial and to obtain declaratory relief make the UK an attractive jurisdiction. The thorough and reasoned judgments that can prove useful in parallel litigation across Europe and the general availability of injunctions are also key drivers for patentees.