A group claim against a leading IP firm over commissions paid by a patent renewals has settled with no admission of liability in the run-up to a High Court trial. The action, launched by a specially convened business, Commission Recovery, had sought compensation for what it said were undisclosed commissions paid by an IP renewals service, CPA Global, to international firm Marks & Clerk LLP over nine years to 2018. 

Marks & Clerk had denied any wrongdoing. The claim, financed by Therium Litigation Funding, was given the green light to go ahead as a representative action by the Court of Appeal last year. A hearing had been listed for January 2025. 

However, in a statement this morning, Commission Recovery Limited (CRL), Marks & Clerk LLP and Long Acre Renewals said they had 'reached a settlement of litigation concerning payments made by IP renewals service provider, CPA Global, now known as Clarivate, between 14 March 2009 and 1 February 2018'. 

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It continued, that without any admission of liability, the defendants 'have agreed to pay to certain clients a percentage of the CPA payments received'. The settlement also provides for 'an agreed sum to be paid to CRL in respect of its costs and expenses and the service provided by CRL or a related entity. The proceedings have been stayed’.

Peter Rouse, director of Commission Recovery Limited, said: 'I believe that the settlement provides the best achievable outcome for class members. Further litigation would serve only to reduce the potential returns for class members.'

A spokesperson for Marks & Clerk LLP said: 'We are glad that these proceedings have been settled so that we can concentrate on our core business and services to clients. We do not accept that the claims were well founded, but are pleased that the litigation has been brought to an end on agreed terms.'

 

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