Identifying the relevant market & how to tell if patentees and potential infringers are competitors

In the third episode of our podcast series, Sophie Lawrance and Katie Cambrook provide some key insights into the identification of the “relevant market” and the assessment of whether the parties to a patent settlement are competitors.  As well as setting out the basics, they explore some of the nuances – touching on the particular difficulties associated with identifying the relevant market in a pharmaceutical setting and what the Court of Justice has (and has not) said about different types of patents and regulatory rights. To help illustrate some of the complexities associated with the definition of the relevant market in a pharmaceutical setting, this podcast is illustrated by a simple animation which you can find on our Bristows Law Firm YouTube channel.For more information on the work we do, see our patent litigation and competition litigation practice area pages.