For small businesses, the prospect of entering into a legal battle with larger, more established companies can seem daunting. However, in England, several smaller entities have emerged victorious, proving that with the right legal guidance and resilience, smaller firms can take on their Goliath counterparts. In this post, we delve into a few recent instances where smaller companies triumphed in litigation, leading to substantial payouts.

One compelling case centres around a small tech start-up, DataTern, who took on software giants Microsoft and SAP in 2012. DataTern accused both companies of patent infringement concerning its database technology. Despite the legal prowess and resources of the tech behemoths, DataTern won, with the court ruling that both Microsoft and SAP had infringed DataTern’s patents (https://www.washingtonpost.com/business/on-small-business/how-to-defend-your-small-business-against-a-patent-troll/2013/01/11/679944c2-5c37-11e2-beee-6e38f5215402_story.html).

In another case, optics manufacturer, Carl Zeiss, found itself on the losing end against smaller rival, VSY Biotechnology, in 2019. Carl Zeiss had lodged a patent infringement claim against VSY over a particular intraocular lens design. The court, however, ruled in favour of VSY, dismissing the claim and securing a significant win for the smaller company (https://www.law.com/radar/card/vsy-biotechnology-bv-v-carl-zeiss-meditec-ag-20-cv-07326-3824).

The importance of England's legal framework in protecting small businesses cannot be overstated, as highlighted in the case of Atom Bank vs. Handelsbanken ([2019](https://www.bailii.org/ew/cases/EWHC/Comm/2019/903.html). The court ruled in favour of Atom Bank when Handelsbanken was found to have breached an exclusivity agreement. This was a significant victory for the smaller Atom Bank, further underlining the critical role that contract law plays in safeguarding businesses' interests.

These cases underscore that the legal landscape in England is equipped to support businesses of all sizes. When guided by competent legal advice, smaller firms can successfully navigate the complexities of business litigation. The Civil Procedure Rules (https://www.justice.gov.uk/courts/procedure-rules/civil/rules) serve as a vital resource for understanding the litigation process and should be a point of reference for all companies engaged in such disputes.

In conclusion, although challenging, business litigation can yield substantial benefits for small businesses in England. An understanding of the legal framework, coupled with the right legal guidance, can significantly influence the outcome of such disputes.

For more information on how Oratto member solicitors can assist in commercial litigation, please email contact@oratto.co.uk.