Bird & Bird is noted for its strength in both pharmaceutical and telecoms patent litigation, working closely with the firm’s teams in Germany to handle infringement and opposition proceedings, and is also well versed in handling standard essential patent (SEP) and FRAND disputes. The firm’s overall IP team is headed by Manon Rieger-Jansen, and includes Wouter Pors, whose patents practice encompasses both life sciences and electronics disputes, and Marc van Wijngaarden, who co-leads the firm’s life sciences team, handling cross-border disputes concerning drugs and medical devices. Tjibbe Douma handles a wide range of cross-border disputes for tech companies and private equity houses, while Peter van Gemert, who was made partner in May 2023, specialises in telecoms patent disputes. Carlos van Staveren‘s practice includes telecoms and life sciences patent matters, which he litigates up to the Dutch Supreme Court.
Intellectual property: Patents in Netherlands
Bird & Bird
Praxisleiter:
Manon Rieger-Jansen
Weitere Kernanwälte:
Wouter Pors; Marc van Wijngaarden; Tjibbe Douma; Peter van Gemert; Carlos van Staveren
Referenzen
‘Tjibbe Douma is a pleasure to work with, both professionally and personally. He is a worthy lawyer with a great eye for detail.’
‘The team is both technically capable and litigation oriented, which makes the team perfect for handling challenging litigation.’
‘We are pleased with Tjibbe Douma as he received complex cases and handled them very well. Tjibbe also assisted in defining the overall litigation strategy for the patents, and we will definitely use him for future litigation.’
Kernmandanten
Nokia
Edwards Lifesciences
Broadcom
KPN
Sanofi/Ablynx
Amgen
Valeo
Qualcomm
Sinopharm Weiqida Pharmaceutical Co. Ltd.
Neuraxpharm
Bicycle Therapeutics
Neo Materials
Ferring Pharmaceuticals
Odysight AI
Canon
Bound2B
Highlight-Mandate
- Represented Nokia in patent litigation comprising a series of proceedings against ASSIA and Oppo, related to both implementation and alleged standard-essential patents on DSL technology.
- Acted for Neuraxpharm in patent litigation against Biogen in the context of an international dispute on generic entry for a treatment for MS.
- Represented Edwards Lifesciences in a multi-jurisdictional, multi-patent dispute against Meril Life Sciences and its national distributor, in light of Meril’s global launch of its prosthetic heart valve Myval, which Edwards alleges infringes its SAPIEN 3 prosthetic valve.
Brinkhof
Brinkhof is frequently tasked with co-ordinating multi-jurisdictional patent disputes, overseeing parallel European and global litigation for clients in the pharmaceutical, electronics and tech and consumer goods sectors. Daan de Lange tackles SEP disputes for telecoms clients and FRAND matters. The team is headed by Richard Ebbink, who handles European Patent Office (EPO) opposition proceedings and parallel national disputes, and Mark van Gardingen, who specialises in pharmaceutical, chemical and biotech patents. Koen Bijvank appears before the courts and the EPO for chemicals and life sciences clients. Jan Pot, who heads the firm’s litigation team, handles appeal and opposition proceedings before the Dutch Supreme Court and EPO.
Praxisleiter:
Richard Ebbink; Mark van Gardingen
Weitere Kernanwälte:
Daan de Lange; Koen Bijvank; Jan Pot; Rien Broekstra; Paul Marcelis; Alexander de Leeuw; Barbara Mooij
Referenzen
‘I have enjoyed working with Brinkhof. They make the jargon understandable and they come up with practical solutions for difficult situations.’
‘The personal relationship seems to be high on Brinkhof’s agenda, which makes it nice to catch up. Mark van Gardingen is the stand-out.’
‘Strong team of young, eager and sharp lawyers.’
Kernmandanten
Accord Healthcare
Alcon
Alvotech
Amgen
Becton Dickinson
Belmoca
Boston Scientific
Boehringer Ingelheim
Delta Electronics
Glycostem
Google LLC
Heineken
High Point
Longi
OPPO
QVQ
Sandoz
Synthon
Tata Steel
The Broad Institute of MIT and Harvard
Unilever
Versuni
Vestel
Vision-Box
Xiaomi
ZURU Inc.
Highlight-Mandate
- Represented Vestel in FRAND determination proceedings regarding standard essential patents included in the High Efficiency Video Coding-standard and pooled in the Access Advance patent pool HEVC Advance.
- Acted for OPPO in multi-jurisdictional patent disputes with a multitude of proprietors of standard essential patents, including Sisvel, Nokia and others.
- Advised the Broad Institute of MIT and Harvard in connection with its discovery and development of the CRISPR technology for genome editing, including representing it in matters related to its European CRISPR patent portfolio.
HOYNG ROKH MONEGIER
HOYNG ROKH MONEGIER‘s ‘talented, highly responsive, and very knowledgeable’ team handles complex instructions on behalf of life sciences, telecoms and electronics sector clients, with experience taking on multi-jurisdictional patent disputes and assisting with patent prosecutions and portfolio management. Leading the team is Bart van den Broek, whose practice is centred on tech patents and comprises both cross-border litigation and patent protection strategies, with co-founding partner Willem Hoyng acting for a range of domestic and international pharmaceutical and biotech clients. Theo Blomme maintains a broad practice that includes both tech and pharmaceutical patent disputes, with Peter van Schijndel specialising in biotech, pharmaceutical and medical devices matters. Simon Dack departed the firm in July 2023.
Praxisleiter:
Bart van den Broek
Weitere Kernanwälte:
Willem Hoyng; Theo Blomme; Peter van Schijndel; Roeland Grijpink
Referenzen
‘Their experience before The Hague patent court is their strong point.’
‘Theo Blomme is very alert in court and can immediately respond to opponents’ invalid arguments during hearings.’
‘Hoyng is our go-to counsel for patent litigation in the Netherlands. They have a strong team, led by partner Peter van Schijndel, that is talented, highly responsive and very knowledgeable about the industry.’
Kernmandanten
Johnson & Johnson (Janssen Biologics)
BioNTech
Netflix
Hanwha Q Cells
Astrazeneca
Philips
Access Advance
Corbin Clinical Resources
Biogen
Highlight-Mandate
- Defended BioNTech in patent litigation concerning mRNA Covid vaccines initiated by Moderna.
- Acted for Netflix in patent litigation initiated by DivX.
- Represented Janssen (J&J) in patent litigation against Samsung BioEpis in relation to a biosimilar of J&J’s drug Stelara.
A&O Shearman
A&O Shearman takes on both contentious and transactional patent advice, with clients from the pharmaceutical, tech and telecoms sectors seeking the practice out for advice on SEP and FRAND matters, in addition to licensing and R&D agreements. Practice head Frits Gerritzen represents clients in both enforcement and validity proceedings, with extensive experience in medical equipment, pharmaceutical and antibodies patents in addition to providing assistance with licensing contracts. Marleen van Putten acts for tech clients in patent disputes, with further experience in assisting with M&A-related patent transfers, while Sophie van Asten supports both tech and life sciences clients in validity and infringement proceedings.
Praxisleiter:
Frits Gerritzen
Weitere Kernanwälte:
Marleen van Putten; Sophie van Asten
Referenzen
‘Frits Gerritzen has a wealth of experience in complex pan-European life sciences patent litigation. The practice has been growing and also benefits from strong teams based in London and Paris, which often work together.’
‘Frits Gerritzen is diligent and has in-depth knowledge of genetic engineering and immunology. He gets very involved in the matters, which is great from a client perspective.’
‘Sophie van Asten has a strong intellectual property law background and has worked on a number of life sciences cases. She is very approachable and easy to work with.’
Kernmandanten
NPM
LeydenLabs
KPN
Samsung
BarentsKrans
With a ‘stellar reputation for patent litigation', BarentsKrans is a good choice for contentious matters in the pharmaceuticals and life sciences industries, with further expertise in taking on disputes in the telecoms and high-tech sectors. ‘Exceptional patent lawyer’ Jaap Bremer leads the team, specialising in tech patent litigation and also advising on cooperation and distribution agreements. Jarieke Timmerman is also noted for her tech-focused patent litigation practice. The October 2023 arrival Marc Elshof from Dentons, who acts at the intersection of IP, data protection and tech law, further strengthened the practice.
Praxisleiter:
Jaap Bremer
Weitere Kernanwälte:
Marc Elshof; Jarieke Timmerman
Referenzen
‘Jaap Bremer brings the perfect balance to the table. He is a lawyer who understands the sector and technology, but teams up with expert patent attorneys when needed. He identifies risks and opportunities and is not afraid to share these. A real collaborator.’
‘They are very knowledgeable and have great courtroom presence.’
‘Jaap Bremer is an outstanding IP lawyer and has always achieved excellent results for us. He has always demonstrated the utmost professionalism, dedication and commitment.’
Kernmandanten
Viatris (Mylan)
Advance Medical Designs
Pelvitec
InterDigital
BlueAlp (Mourik)
Huisman Equipment
Highlight-Mandate
- Represented Viatris (Mylan) in a multi-jurisdictional patent litigation initiated by Novartis with respect to fingolimod, an immunosuppressant drug used for the treatment of multiple sclerosis.
- Acted for Advance Medical Designs, Leapmed and Pelvitec in patent infringement proceedings initiated by Corbin Clinical Resources.
- Represented Cheesepop in patent and know-how licence litigation against GEHO.
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek moved to strengthen its patent litigation practice with the July 2023 arrival from NautaDutilh of Anne Marie Verschuur, who focuses on tech-related patent infringement and invalidity proceedings. She leads the team alongside Tobias Cohen Jehoram, who appears for pharmaceutical sector clients in patent appeals before the Dutch Supreme Court, in addition to the EUIPO and ECJ. Roos van der Poel handles transactional IP matters, advising on licensing and cooperation agreements, as well as matters of competition and contract law. Bertrand ter Woort's practice encompasses both life sciences and tech-focused patent disputes.
Praxisleiter:
Tobias Cohen Jehoram; Anne Marie Verschuur
Weitere Kernanwälte:
Roos van der Poel; Bertrand ter Woort
Referenzen
‘High standard, top-of-the-bill IP lawyers. Capable of dealing with large cases.’
‘Anne Marie Verschuur is a very bright and good litigator. Pleasant to work with, never leaving open ends. She is a very good pleader as well.’
‘Anne Marie Verschuur is one of the best European IP litigators, with a core experience in patents. She is one of the top five individuals in the Netherlands and goes the extra mile for her clients!’
Kernmandanten
GSK
Sonos
Access Advance and GEVC
JDE Peet’s
KPN
Pharmathen
Koopman
Sharp
Eli Lilly
Sandoz
Bayer Pharma
Highlight-Mandate
- Represented GSK in Dutch proceedings as part of an international dispute between Pfizer and GSK relating to three GSK patents.
- Acted for Sonos in pan-European patent proceedings before the Dutch courts as part of global patent litigation between Sonos and Google.
- Acted for Pharmathen Global B.V. in proceedings against Novartis A.G. before the Dutch Supreme Court.
Freshfields Bruckhaus Deringer
Freshfields Bruckhaus Deringer's patents team is described by a client as ‘one of the best in the Netherlands’, working closely with colleagues in London and Düsseldorf to coordinate major pharmaceutical patent litigation across Europe. The practice acts for clients bringing and defending infringement claims, while also assisting with FRAND licensing and SEPs. The practice is headed by Rutger Kleemans, who frequently pleads cases before Dutch and European IP courts, and Jelle Drok, who handles tech-related patent disputes. Ruben Laddé works closely with both practice heads, focusing primarily on contentious tech and telecoms patents matters, while Allard van Duijn is building up a strong pharmaceutical patent disputes practice.
Praxisleiter:
Rutger Kleemans; Jelle Drok
Weitere Kernanwälte:
Ruben Laddé; Auke Tadema; Allard van Duijn
Referenzen
‘Very responsive team with engaging members, from junior associate to partner level, into which you are integrated seamlessly. It is a pleasure to work with such a team.’
‘Next to the required knowledge and skills, they really ask the difficult questions and want to get to the details, also the weak spots, of the case. Rutger Kleemans is strategically very strong, while Ruben Laddé really gets to the bottom of a case, including the technical details.’
‘The patents team at Freshfields is one of the best in the Netherlands.’
Kernmandanten
Moderna
Novartis
Schöck Bauteile GmbH
Advanced Accelerator Applications International
AB Inbev
Apple
Genmab
Highlight-Mandate
- Coordinated global litigation on behalf of Moderna in regard to mRNA vaccines in their global dispute against Pfizer and BioNTech.
- Represented Novartis in PI and merits proceedings against Pharmathen concerning a method to manufacture octreotide acetate microparticles.
- Acted for Novartis in a nullity suit brought by Synthon concerning the drug Entresto and its constituent compounds.
Hogan Lovells International LLP
Hogan Lovells International LLP acts for pharmaceutical clients on cross-border patent infringement disputes in and outside of Europe, and also takes on FRAND defences. The practice is led by the ‘very bright’ Ruud van der Velden, who represents pharmaceutical and high-tech clients in patent and trade secret disputes, and ‘practical and thoughtful’ Gertjan Kuipers, whose broad practice spans telecoms, life sciences and mechanical patent disputes. Bert Oosting handles patent litigation before the Dutch courts and the EPO and is also sought out for advice on patent prosecution and enforcement.
Praxisleiter:
Ruud van der Velden; Gertjan Kuipers
Weitere Kernanwälte:
Bert Oosting; Rik Zagers; Dirk-Jan Ridderinkhof
Referenzen
‘I would follow Gertjan Kuipers anywhere! Gertjan is exceptionally intelligent and a sharp and gifted litigator. He quickly understands any technology that is the subject of a dispute.’
‘Gertjan Kuipers is practical and thoughtful. Ruud van der Velden is fun to work with and very bright.’
‘A unique competence and expertise on multi-country approach strategy for IP rights enforcement and in different areas of IP, including national or regional procedures in Europe, the US, Asia and the Middle East regarding patent rights, trade secrets misappropriation and business law.’
Kernmandanten
BMS
Amgen
Meril Lifesciences
Organik Kimya
Merck
OPPO
Solvay
Roche
Probroed
Kindermann
Vivoryon
Zelig Mappa Farmers Ltd.
Highlight-Mandate
- Represented BMS in multiple patent proceedings relating to its product Eliquis.
- Acted for Meril in four patent infringement (and revocation counterclaim) proceedings on the merits against Edwards in relation to transcatheter heart valves.
- Represented OPPO in patent infringement proceedings initiated by Philips in relation to two patents that are allegedly standard essential for the UMTS and LTE standards.
Simmons & Simmons
Simmons & Simmons' patents team splits its focus between pharmaceutical and TMT matters, providing advice across the spectrum of patent issues, including on prosecution, licensing agreements and regulatory issues, in addition to acting for clients in infringement proceedings. Bas Berghuis van Woortman heads the practice, representing a number of major smartphone and pharmaceutical manufacturers in multi-jurisdictional disputes. Johan Renes specialises in the life sciences sector, advising medical device producers and companies developing a variety of drugs, with Oscar Lamme taking on cases at the intersection of TMT patents and competition law. Regulatory specialist Machteld Hiemstra joined from Pinsent Masons LLP in May 2023, focusing on supplementary protection certificate litigation.
Praxisleiter:
Bas Berghuis van Woortman
Weitere Kernanwälte:
Johan Renes; Oscar Lamme; Machteld Hiemstra; Sebastien Versaevel
Referenzen
‘Bas Berghuis van Woortman is a senior statesman. He knows the system and the courts and has won his fair share of cases. Oscar Lamme is one of the few Dutch lawyers that has the technical skills to accompany legal skills.’
‘Excellent understanding of complex patents and a multidisciplinary approach. High flexibility and speed of reaction. Clear communication.’
‘High level of commitment to the case, above and beyond what could professionally be expected.’
Kernmandanten
ASSIA
Bayer HealthCare
DivX
Greensenz
Honeywell
HP Inc.
Idemia
Koopman
MED-EL
MolGen
NKI
Pharmathen
Plant-e
Samsung Bioepis
Samsung Electronics
Serenity
uniQure
Xiaomi
Highlight-Mandate
- Represented Samsung Electronics in several patent disputes against Ericsson and DTS International.
- Assisted Samsung Bioepis with regulatory advice on the EU market.
- Acted for Bayer in its defence against several nullity actions concerning patents covering the drug Xarelto.
Taylor Wessing
With a focus on pharmaceutical disputes but also taking on telecoms and mechanical patent work, Taylor Wessing is instructed on cross-border matters, including advising on patent strategies, licensing and freedom-to-operate issues. The team is led by Wim Maas, who heads the firm’s Belenux-wide patents group and specialises in tech patents; life sciences and industrial design specialist Charlotte Garnitsch; and Eelco Bergsma, who litigates in the field of electronic and mechanical patents. David Mulder advises on matters at the intersection of patent and competition law.
Praxisleiter:
Wim Maas; Charlotte Garnitsch; Eelco Bergsma
Weitere Kernanwälte:
David Mulder
Referenzen
‘Personal contact, direct lines, clear and valuable advice on the spot.’
‘Eelco Bergsma and Wim Maas have excellent knowledge of case law. They are always giving advice that makes sense for the client. Very open and friendly.’
‘Pragmatic, very accessible.’
Kernmandanten
Pfizer Inc.
JRZ Suspension B.V., Protrac B.V. and VoVu Metaalbewerking B.V.
Highlight-Mandate
- Advised Pfizer in two patent litigation proceedings concerning Covid-19 vaccines against Moderna.
- Acted for JRZ Suspension B.V., Protrac B.V. and VoVu Metaalbewerking B.V. in defending claims of patent infringement and stealing trade secrets.
CMS
CMS is particularly well versed in patent protection and litigation for tech, engineering and media-focused clients, working closely with the firm’s offices and practice groups around Europe to provide support on international patent disputes, in addition to handling the IP aspects of corporate transactions. Leading the team is seasoned WIPO arbitrator Rogier de Vrey, who advises life sciences, media and sports sector clients on cross-border patent infringement disputes and trade secrets matters. Yasar Çelebi focuses on tech and engineering-centric patent issues.
Praxisleiter:
Rogier de Vrey
Weitere Kernanwälte:
Yasar Çelebi
Referenzen
‘The firm’s IP group is very knowledgeable about local and international patent issues.’
‘Rogier de Vrey is an excellent communicator. Decisive but open to suggestions.’
‘In court, Rogier de Vrey and Yasar Çelebi know how to stick to the agreed-upon strategy despite the counterparty’s attempts to distract them.’
Kernmandanten
Paramount
Comcast (NBC Universal, Sky)
HP
Kiremko
UEFA
Johnson & Johnson
Primark
Syngenta
Amgen
Sony (Europe)
McCain
Vattenfall
Royal BAM Group
IBM
Royal Ahrend
Highlight-Mandate
- Represented Kiremko in a substantial number of patent infringement and patent invalidity proceedings against Tomra.
- Acted for Ferm RFID Solutions in its claims against Avery Dennison Corporation and its Dutch subsidiary concerning the alleged unlawful acquisition of trade secrets and in entitlement proceedings.
- Assisted Technology & Strategy Group with patent portfolio due diligence as part of its acquisition of Topic Ventures B.V. and its 13 subsidiaries.
DLA Piper
DLA Piper assists clients with the protection of patents in the tech, industrial and agricultural sectors, representing clients in the Dutch and European courts and advising on licensing agreements, tech transfers and the patent aspects of M&A deals. The practice is led by Paul Reeskamp, whose contentious patent expertise extends across the pharmaceutical, biotech and offshore industries, and the ‘practical and thorough’ Alexander Tsoutsanis, who supports tech and biotech clients with patent, trade secret and plant variety rights.
Praxisleiter:
Paul Reeskamp; Alexander Tsoutsanis
Referenzen
‘I worked with Alexander Tsoutsanis and Paul Reeskamp. This year we achieved a complete victory in the Court of Appeal through careful preparation, insightful planning and attention to detail. They were personally invested in the case and it showed.’
Kernmandanten
Allergan
Glen Dimplex/Basic Holdings
Heerema Marine Contractors
Hikvision
James Fisher
Nike
Nikon
Portl
Renault
Sakata Seed Corporation
Smartwares
Taishan Group
TTD
Van de Zaag
Highlight-Mandate
- Represented Basic Holdings in a patent dispute before the Court of Appeal of The Hague concerning electrical fire apparatus.
- Advised ATRC on innovation and patent filing strategies.
- Acted for Asetek in a patent dispute concerning liquid cooling solutions for computer systems.
Houthoff
Houthoff‘s patents team, led by IP and IT specialist Thomas de Weerd, is noted for its position as a Supreme Court appeals specialist, with Thijs van Aerde frequently being instructed by clients and other law firms on a variety of disputes, notably those concerning generic drugs. The practice also advises clients in the life sciences and automotive sectors, and handles patent licensing matters in addition to its contentious work. Fleur Tuinzing-Westerhuis is an agritech patent expert, litigating cases concerning national and community plant variety rights.
Praxisleiter:
Thomas de Weerd
Weitere Kernanwälte:
Thijs van Aerde; Fleur Tuinzing-Westerhuis
Referenzen
‘Fleur Tuinzing-Westerhuis and Thijs van Aerde provide impeccable service, are easily reachable and pleasant to work with. I would recommend them to anyone.’
‘The Houthoff patent team has assisted us with several Supreme Court appeals. Thijs van Aerde is one of a handful of very skilled Supreme Court patent litigators, and has the ability to understand a case very quickly.’
‘Fleur Tuinzing-Westerhuis has excellent procedural knowledge, is very pleasant to work with, and is always readily available. She adds a lot of value for us. Thijs van Aerde is also a strong procedural lawyer and a Supreme Court lawyer specialised in patent law.’
Kernmandanten
HP
Airwair International
Philip Morris
Dell
Dummen Orange
Netherlands Vehicle Authority
Spinnin’ Records (Warner Music Group)
Nexperia
Brein
VolkerRail
Novartis
Highlight-Mandate
- Represented RDW, the holder of the Dutch vehicle registration register in patent invalidity proceedings at the Dutch Court of The Hague.
- Acted for Novartis in patent litigation before the Dutch Supreme Court against Mylan.
- Represented Vermeer in preliminary injunction proceedings at the Court of the North Netherlands in Leeuwarden in a post-transactional patent and trade secret dispute.
Oxon IP
Oxon IP is a boutique that focuses exclusively on post-grant patent oppositions and appeals, acting for clients in the pharmaceutical, household goods and chemicals industries before the EPO. Founder Leythem Wall, who is admitted in the UK in addition to before the EPO, advises a variety of US-based clients before the EPO, and is also qualified to plead cases at the UPC.
Praxisleiter:
Leythem Wall
Kernmandanten
Lonza
SWM International
Ontex
PQ Corporation
GeoRoc International
Finnegan LLP
Highlight-Mandate
- Opposed European patents belonging to Proctor & Gamble covering their commercial nappy products on behalf of Ontex.
- Defended the European patent covering a commercial silica catalyst product in EPO opposition and appeal proceedings brought by SABIC.
- Defended the European patent covering a commercial cigarette paper wrapper product.