What Is IP Litigation? Understanding Intellectual Property Disputes and How to Resolve Them
Learn what IP litigation is, why companies go to court over patents, industrial design rights or trademarks,
When someone uses your invention, brand, or other creative work without permission, this may violate your intellectual property (IP) rights. Enforcing those rights often involves what's called IP litigation — a legal process that can help you stop the infringement and protect your business.
What does IP litigation mean?
IP litigation refers to the process of resolving disputes over patents, trademarks, copyrights, and trade secrets — either through court proceedings or alternative methods such as arbitration or mediation. It usually comes into play when two parties can't resolve an IP conflict privately, and you decide to seek legal help to defend or challenge an IP right.
What kind of disputes can lead to litigation?
Most IP litigation arises from two core issues: (1) a possible infringement of an intellectual property right and (2) a disagreement over the validity of that right. If you believe another party is infringing your patent or trademark, they may argue that they aren't violating anything — or that your right is invalid. They always do and this is how it always begins. Litigation aims to resolve this conflict.
How can you enforce your rights?
Before you take legal action, it's crucial to gather evidence of the infringement. This can include technical documentation, market activity, expert reports, and independent testing. On our page about patent infringement we've outlined three practical ways to monitor the market for possible infringement on your patents or trademarks. Once you have solid evidence, always consult your patent attorney before sending angry emails or making calls. Your attorney can advise you on the best strategy based on the strength of your case and the possible risks involved.
Litigation or an alternative solution?
Taking a case to court is one way to enforce your rights — but it's not the only one. Arbitration and mediation can also resolve IP conflicts, often more quickly and with less cost. But all three routes — litigation, arbitration, and mediation — can lead to a binding outcome that significantly impacts your business. That's why it's wise to weigh your options carefully with legal counsel.
Global enforcement of IP rights
Because markets are global, IP litigation often crosses borders. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement — a nearly worldwide treaty — sets the minimum standards for IP protection and enforcement. Thanks to TRIPS, you can take legal steps against infringement in many countries and even request border measures. TRIPS is an international legal agreement between all the member nations of the World Trade Organization (WTO)
In the European Union, the new Unified Patent Court (UPC) adds extra options for patent holders like you. The UPC makes it easier to enforce your patent in multiple countries at once. European patent attorneys can act before the UPC, and for major cases, specialized patent litigators may be added to your team.
Making the right call
Litigation can be a powerful way to protect your intellectual property or to challenge rights you believe shouldn't have been granted. But it's rarely your only choice. Always get advice first — from an IP attorney — to help you decide whether court action, mediation, or a negotiated solution is the smartest move in your situation. Making the right decision in these kinds of cases requires very specialized knowledge and please contact a IP attorney first before even contacting your opponent, sending angry emails or throwing stones through windows.
Related example: Apple vs. Masimo
IP disputes can become highly complex and costly. A well-known case is the patent battle between Apple and Masimo over health monitoring technology in smartwatches. A disagreement like this, when it escalates into formal legal proceedings, is exactly what's meant by IP litigation.