Senior Counsel - Patent Litigation and Offensive Strategy

BAT is evolving at pace into a global multi-category business. Our purpose is to create A Better Tomorrow™ by Building a Smokeless World. To achieve our ambition, we are looking for colleagues who are ready to join us on this journey!

British American Tobacco UK has an exciting opportunity for a Senior Counsel – Patent Litigation and Offensive Strategy in London.

Providing expert legal counsel to lead, support and implement Group Patent legal strategy to advise business decisions and maximise commercial opportunities, whilst ensuring legal compliance and mitigating business risk. Responsible for managing global strategic patent litigation brought by or against the Group and to proactively identify and manage strategic patent litigation risks and develop defence strategies in anticipation of future strategic litigation on behalf of the Group. Responsible for overseeing day to day patent management of the BAT/PMI Settlement Agreement. Responsible for leading the team undertaking counter FTO work identification of patent rights that are infringed by third party products and designing effective prosecution and litigation strategies to improve the commercial value of these patent rights (Patent Chess).

As a senior member of the BAT Group Patents team, you will be encouraged to contribute to and implement all aspects of the work in a manner which provides a valuable service to central management functions and relevant business units delivers high quality, solution-orientated advice and management on all aspects of work; manages costs appropriately including, but not limited to, reducing reliance on outside vendors as appropriate; and fully utilises the expertise and resource available in the Patents team to the benefit of the BAT Group.

• Oversee and supervise patent litigation matters worldwide, including arbitration actions arising from the BAT/PMI Patent Settlement Agreement.
• Coordinate litigation efforts with external law firms worldwide, external patent attorney firms, and the business end-markets involved, to ensure consistency of approach in litigation strategies; efficiency of effort in litigation preparation; and avoidance of duplication of effort.
• Provide commercially focused updates and advice on key issues in a straightforward and compelling way directly to senior management, enabling the business to deliver results whilst managing legal risk.
• Oversee and direct global strategic prosecution of the Group’s patent portfolio with the counter-FTO team, where litigation is ongoing, may be in anticipation or if commercial levers may be required for other purposes.
• Lead the C-FTO team (Patent Chess) to identify levers to be deployed in commercial strategy.
• Where leading these litigation services manage the provision of external support; drive performance in the resolution of contentious issues; and co-ordinate the development of strategies in line with the Group’s commercial strategy.
• Develop and manage relationships with key external IP service providers to ensure high quality, efficient and value for money service, seeking efficiencies and opportunities for standardisation where possible.
• Cultivate a network of collaborative relationships at all levels within BAT which are based on mutual trust to ensure the best outcome for BAT as a whole, and contribute to the education of colleagues outside of the patent group on patent matters.
• Promote risk management and compliance culture ensuring consistency in application of IP policies and procedures on a global level within BAT.

• Significant previous experience of managing strategic patent litigation matters worldwide.
• Commercially astute, ideally with an understanding of FMCG businesses, and proven ability to understand and support strategic aims.
• Proven ability to manage and lead a team including external lawyers and patent attorneys.
• Proven ability to develop strategies to drive commercial value from the patent portfolio and to lead a team focused on identifying levers to support these strategies.

• Outstanding ability to assimilate and undertake high level strategic analysis of complex legal and business issues in line with overall business strategy.
• Detailed knowledge and practical experience of patent law and litigation in key markets (at least Europe, and ideally also US, and Japan).
• Ability to understand technical patent applications involving mechanics, physics and chemistry, and lead discussions with scientists.
• Skilled in engaging and communicating in a simple, clear and coherent manner at senior management level.
• Excellent interpersonal skills, sound judgement, good decision making and the ability to inform and influence at all levels both internally and externally.
• Ability to draft settlement agreements and licenses and assess IP clauses in other commercial agreements, with considerable attention to detail, accuracy and consequences.
• Ability to manage resources in line with set requirements.
• Ability to manage priorities and meet commitments with a track record of successfully completing projects.
• Ability to work across functions, building consensus and support.

• Professionally qualified as a European and UK patent attorney with extensive patent litigation experience or a qualified lawyer with extensive experience in patent matters and would usually have at least 10 years’ post qualification experience in the Patents field (in any of the mechanical, electrical engineering or chemical fields), including FTO assessments, contentious and non-contentious matters including experience managing multi-jurisdictional strategic patent litigation matters.

• Previous in-house experience.
• Scientific background.

We offer a market leading annual performance bonus (subject to eligibility). Our range of benefits varies by country and includes diverse health plans, initiatives for work-life balance, transportation support, and a flexible holiday plan with additional incentives. Your journey with us isn’t limited by boundaries; it’s propelled by your aspirations. Join us at BAT and become a part of an environment that thrives on internal advancement, where your career progression isn’t just a statement – it’s a reality we’re eager to build together. Seize the opportunity and own your development; your next chapter starts here. You'll have access to online learning platforms and personalized growth programs to nurture your leadership skills. We prioritise continuous improvement within a transformative environment, preparing for ongoing changes.

We’re one of the few companies named as a Global Top Employer by the Top Employers Institute – certified in offering excellent employee conditions. At BAT, we champion collaboration, inclusion, and partnership as the bedrock of our values. We wish to foster an environment where every individual can thrive, irrespective of factors such as gender, sexual orientation, marital or civil partnership status, gender reassignment, race, religion or belief, colour, nationality, ethnic or national origin, disability, age, skills, experience, education, socio-economic and professional background, as well as diverse perspectives and thinking styles. We recognise that our strength lies in embracing talent from all walks of life, empowering us to develop our culture of inclusivity and better achieve our business objectives. We view career breaks not as obstacles but as opportunities and encourage everyone, without hesitation, to apply. Through our Global Returners program, we provide support to professionals seeking to re-enter the workforce after an extended absence, be it for family care, parental leave, national service, sabbatical, or starting their own venture. Come bring your difference and see what is possible for you at BAT. Learn more about our culture and our award winning employee experience here. We take pride in being a Disability Confident Employer. If you need any reasonable adjustments or accommodations to be made during the recruitment process to support you performing at your best, please inform the recruitment partner who will be in touch should your profile be selected for the role you applied for. We are wholeheartedly committed to optimising your prospects of success by making suitable arrangements so that you may showcase your full potential.