Intellectual property: Patents in Netherlands

Brinkhof

One of the best patent litigators in Europe‘, Brinkhof has a major strength in coordinating multi-jurisdictional cases in Europe and beyond, including the USA. Team members are deeply involved in a range of IP-centered organisations, often in a leading role and a number of senior lawyers also edit IP publications and teach. Richard Ebbink and Mark Van Gardingen lead the group that is made up of both lawyers and duel qualified patent attorneys; Jan Pot has been admitted to the Supreme Court Bar of the Netherlands. The team’s work includes EPO cases and its expertise covers pharmaceutical, chemical inventions, biotech, mechanical engineering the telecoms – areas covered by Daan De Lange and Koen Bijvank. Other key lawyers include Rien Broekstra (also trained as a computer scientist) and senior associates Rik LambersAlexander De Leeuw and associate Barbara Mooij.

Practice head(s):

Richard Ebbink; Mark van Gardingen

Other key lawyers:

Daan de Lang; Koen Bijvank; Jan Pot; Rien Broekstra; Rik Lambers;  Alexander de Leeuw; Barbara Mooij

Testimonials

‘Good analysis of the situation. Remaining cool in all situations. Good risk appraisal.’

‘Jan Pot: leader –  good explanation of the risks involved preparing A and B scenarios.’

‘Simply the best patent litigation practice in the Netherlands and one of the best in Europe.’

‘Mark van Gardingen – smart and works tirelessly for his clients’ objectives. Always “on” and always thinking about his client’s cases’.

‘Daan de Lange – charming, intelligent and a smart strategic thinker. Someone you want with you and not against you’. 

‘Koen Bijvank – one of the cleverest patent attorneys in Europe. Jan Pot – a star of the future.’

Key clients

Accord Healthcare

Amgen

Alvotech

Belmoca

Delta Electronics

Heineken

Sandoz

Oppo

Synthon

Tata steel

The Broad Institute of MIT and Harvard

Unilever

Wiko

Xiaomi

Work highlights

  • Assisting Accord in complex patent cases against major pharmaceuticals originators on a worldwide basis, including overseeing litigation in numerous different European countries, and coordinating the company’s pan-European litigation strategy.
  • Successfully representing OPPO, one of the largest manufacturers of mobile phones, in a multijurisdictional dispute with Sisvel regarding one of Sisvel’s standard essential patents (SEPs).
  • Acting for the Broad Institute in connection with its discovery and development of the ground-breaking CRISPR technology for genome editing, including representing the client in matters related to its significant European CRISPR patent portfolio and other patents.

HOYNG ROKH MONEGIER

HOYNG ROKH MONEGIER (‘one of the best in the market‘) is headed by Bart van den Broek who together with seasoned partners Willem Hoyng  (a professor of IP law at the University of Tilburg) and Simon Dack (a founding partner and a dual-qualified Dutch advocaat/English barrister with a chemistry background) provide stand-out patent litigation. From offices in Brussels, Dusseldorf, Lyon, Madrid and Paris and partner firms in other European jurisdictions, it serves clients in cross-border and domestic cases in pharmaceutical, life sciences, electronics, IT and telecoms sectors. It is also notable for its team of technically qualified patent attorneys. Patent litigator Theo Blomme specialises in healthcare and life sciences and has a technical background. The ‘pragmatic and creativePeter van Schijndel specialises in pharmaceutical, biotech and medical devices patents and database laws, while on the regulatory front Carla Schoonderbeek, who focuses on healthcare sectors is considered ‘a stand out‘.

Practice head(s):

Bart van den Broek

Other key lawyers:

Willem Hoyng; Simon Dack; Theo Blomme; Peter van Schijndel; Carla Schoonderbeek

Testimonials

‘Very experienced in pharma patent litigation, respected, pragmatic and creative when considering legal issues, knows the industry very well, clear advice.’

‘Simon Dack and Peter van Schijndel. Both are very experienced in pharma patent litigation, and they are pragmatic and creative when considering legal issues, and responsive.’

‘HRM’s team in the Netherlands is one of the best in the market. The quality of the people at the firm makes it unique in both depth and breadth. The strategic advice given by the team is unparalleled. HRM’s team in the Netherlands also has patent attorney teams which – is a very helpful addition. Furthermore, it also has excellent regulatory advice practice. As mentioned in other feedback HRM has been good in embracing technology coping with the pandemic.’

‘Simon Dack is a stand out patent litigation practitioner. His experience and technical understanding of patent cases are excellent and he provides very sound and pragmatic strategic advice at sensible time-points. Peter van Schijndel is also an excellent up and coming partner in the Dutch office with a great deal of experience. Carla Schoonderbeek is a stand out regulatory advisor. She has a great deal of experience and can provide pragmatic regulatory advice.’

Key clients

AstraZeneca

Ceva (Santé Animale)

Hanwha Q Cells

Intel Corporation

Philips

Sanofi

Work highlights

  • Advising on the enforcement of Hanwha Q Cells’ patent, covering breakthrough solar panel technology, against Chinese infringers in various European jurisdictions including Germany, France and the Netherlands.
  • Acting for Philips enforcing its standard essential telecommunications patents in the field of UMTS and LTE against various infringers in the Netherlands. It successfully obtained injunctions before the Court of Appeal in The Hague, and appeals before the Dutch Supreme Court are now pending.
  • Acting for Ceva (Santé Animale) in infringement and invalidity proceedings against Bayer (patentee) regarding an iron/toltrazuril combination product for pigs.

Bird & Bird

A relatively young team‘ at Bird & Bird has the advantage of being part of the firm’s global network and therefore handles international work with ease. It advises domestic and global clients in many sectors as diverse as pharmaceuticals, consumer goods, financial services and aviation. Much of its work is in high-profile patent litigation for household name clients. The firm continues its collaboration with YES!Delft (an accelerator program for tech and other start-ups). It is committed to diversity and inclusion – one such initiative is its Global Women’s Development Programme and is also noted by clients for its ‘moderate billing‘. Wouter Pors‘ credentials are such that he is closely involved in the preparations for the Unified Patent Court and he is especially skilled in the biotechnology sector. Armand Killan assists international clients as the coordinating European lead counsel for cross-border patent litigation and Marc Van Wijngaarden is well known for his expertise in life sciences. Peter Van Gemert and Kian Hsia are two of the well-rated associates lawyers and the team has been further enhanced since partner Tjibbe Douma joined from Dentons in early 2021.

Practice head(s):

Wouter Pors

Other key lawyers:

Tjibbe Douma; Armand Killan; Peter van Gemert; Kian Hsia

Testimonials

‘A relatively young legal team with high skills in translating technical items in legal arguments, and in developing convincing strategies in overcoming trans-border IP obstacles. Very accessible partners and senior associates and very direct in discussions. Covering all aspects of pharma from product and biosimilar development, registration, infringement and nullity. Billing moderate following pre-agreed lines.’

‘Two lawyers have excellent capabilities and interest in understanding complicated pharma issues and translating them into understandable legal arguments. One of them is very good in client handling beyond strict business situations.’

‘The uniqueness of this team resides inter alia in the excellent professional and personal relationship with the partner (Tjibbe Douma) leading our cases.’

‘Tjibbe Douma certainly stands out. He is an excellent researcher and analyst, not to mention a litigator. He has a great passion for the job and the client and has extraordinary communication skills.’

‘They have a highly skilled team in the Netherlands that can compete with the biggest competitors in IP litigation.’

‘I have worked with Armand Killan, Peter van Gemert and Kian Hsia. They are excellent in case management and understand that one both needs an overview from a distance and to dig into the tiny details of the case, both legally and technically. They can be easily approached.’

‘Top NL patent litigation team, good collaboration with patent attorneys, great global connections, work excellently in multi-jurisdiction disputes. Integrate young attorneys, good leverage.’

‘Armand Killan: very experienced, excellent lawyer, always fully into the details.’

Kian Hsia and Peter van Gemert: excellent associates, both fully into details, able to step in at any point, rising stars’

Key clients

Nokia

Edwards Lifesciences

Broadcom

Ablynx/Sanofi

Amgen

The Broad Institute of MIT and Harvard

Valeo

Qualcomm

Anheuser-Busch InBev/AB InBev

Sinopharm Weiqida Pharmaceutical Co. Ltd.

Bicycle Therapeutics

Neo Materials

Ferring Pharmaceuticals

Scoutcam

Sisvel

Canon

Work highlights

  • Representing Nokia in patent litigation comprising a series of proceedings against ASSIA related to both implementation and alleged standard-essential patents on complex DSL technology.
  • Representing AB InBev in litigation against its main competitor Heineken on AB InBev’s patents on bag-in-bottle technology for countertop draught systems.
  • Representing Edwards Lifesciences in patent litigation against Meril related to heart valves.

De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek is in demand not only for its technical expertise but also for being able to 'see the bigger strategic picture'. Team co-head Gertjan Kuipers is considered to be a ‘megastar‘ in IP circles. With a science background, he is skilled in areas of chemical, electrical, mechanical, computer and pharmaceutical technology combined with well honed litigation and strategy expertise. Co-head, Tobias Cohen Jehoram covers a range of IP litigation appearing in all courts from the EUIPO to the EU Court of Justice and is known for patent cases brought to the Supreme Court. FRAND and biosimilars are two additional areas of particular focus. The team also works closely with a substantial litigation group that often work on heavyweight, cross border patent litigation. A strong team of senior associates include Roos Van Der PoelBertrand ter Woort and Carlos van Staveren. The firm continues to innovate in the areas of client care (for example its electronic cost centre (ECC) to control and predict costs in multi-jurisdictional cases) and on the diversity front (an example is the creation of an LGBT network called Pink Elephant).

Practice head(s):

Gertjan Kuipers; Tobias Cohen Jehoram

Other key lawyers:

Bertrand ter Woort; Roos van der Poel; Carlos van Staveren

Testimonials

‘The patent litigation team led by Gertjan Kuipers has very high quality. The team is diverse, also regarding nationalities and it attracts international clients that (normally) go to bigger forums for litigation (Germany, UK). The cooperation works very well.’

‘The uniqueness of this firm resides inter alia in their understanding of the bigger strategic picture important to our company, and not just of the case at hand.’

‘Gertjan Kuipers certainly stands out, being a stellar litigator and strategist. His extremely sharp intellect and immediate grasp of issues is an asset to any case and any company. Gertjan is most definitely a megastar in the IP community.’

‘De Brauw’s patent litigation team is the best one. They are very experience litigators with a good sense of strategy.’

‘Extremely effective and efficient team, with a thorough understanding of our commercial interests and industry.’

‘Maarten Jorissen is a highly talented associate, with whom it is always a pleasure to work.’

‘Excellent! A great team. Very reliable and you are happy to have them on your side!’

‘Gertjan Kuijpers is a class act. A clear and compelling advocate, there are few as good before the Dutch patent court. His advice is well-considered and his judgment sound. In addition to all that he is a real pleasure to work with.’

‘The team is able to scale up quickly if necessary if a case requires a lot of hands-on. Such scaling up does not compromise the quality of the work.’

‘Gertjan Kuipers and Bertrand ter Woort each have a very in-depth knowledge of the relevant files and are able to cleverly process all that information.’

Carlos is a legal powerhouse and comes up with creative and good arguments to help win a case.’

Key clients

Sharp

Biogen

Ferring

Bayer Pharma

Bolton Adhesives

Sonos

Eli Lilly

GSK

JDE

KPN

Sisvel

Välinge

Pon

Work highlights

  • Represented Sisvel in its campaign enforcing standard essential patents in the Netherlands.
  • Assists Jacobs Douwe Egberts (JDE Peet’s) in defending and expanding its top market position in the coffee field, including through multiple jurisdiction enforcement and opposition proceedings relating to patents for coffee capsules.
  • Represents Sonos’ before the Dutch courts in pan-European patent proceedings relating to its smart speaker eco-system.

Freshfields Bruckhaus Deringer

The Freshfields Bruckhaus Deringer team does an ‘excellent job in providing strategic advice in cross-border patent disputes’ and it is also noted for its courtroom skills. The highly rated Rutger Kleemans heads the group which is a key member of the firm’s international IP litigation offering, often being the co-ordinating office. The team acts for leading pharmaceutical, biotechnology and medical device companies, often in respect of blockbuster drugs or high-value medical devices in addition to other sectors such as electronics. Jelle Drok acts for well-known corporates on patent litigation and arbitration (with a background in aerospace engineering he is also adept in areas of complex technology). Mark Egeler  and Ruben Laddé are two other key team members within a substantial team.

Practice head(s):

Rutger Kleemans

Other key lawyers:

Jelle Drok; Mark Egeler; Ruben Laddé

Testimonials

‘The team does an excellent job in providing strategic advice in cross-border patent disputes.’ 

‘I work with Jelle Drok. Jelle is thorough in his court briefs, responsive in his communications and he has managed to form a great team around him.’

‘Extremely competent and professional team.’

‘Partner Rutger Kleemans and his team provide an excellent, intelligent service. Quality of work product & advice is excellent. Works well & intelligently with in-house team – becomes part of that team. Excellent support.’

‘Partner Rutger Kleemans is an excellent lawyer and adviser. He has great strategic insight in litigations. Great partner for in-house IP teams.’

‘Team is strongly engaged with client interests, and committed to getting the results set out for.’

‘Rutger Kleemans: high knowledge, quick thinker, sees issues coming and anticipates, highly skilled in getting the details right. Mark Egeler: communicator, very skilled in describing complex legal issues both in writing and orally, thinks on his feet.’

‘The Freshfields Amsterdam team knows very well how to present each individual case on its merits, and knows which arguments stick and are convincing to judges. Other firms in patent litigation proceedings quite often do not really make the arguments to the depth-level needed to convince a judge; the Freshfields team knows how to approach cases from a strategic perspective, and brings arguments to the depth-level needed.’

‘Rutger Kleemans: He is very quick in understanding technical argumentation lines, and he always appears to be able to see the bigger picture and subsequently devise a litigation strategy that works. He clearly feels comfortable in a court room’.

Mark Egeler: He has a impressive factual knowledge of the case file, also of the technical aspects, and seems from a legal standpoint, i.e. legal possibilities, to have an edge over other lawyers.’

Jelle Drok: Clever, quick on his feet, and delivers in a courtroom setting.’

Key clients

A leading pharma company specialized in mRNA-based therapeutics

Novartis

Bristol-Myers Squibb

HP Inc.

Apple

HID Global (Impro Technologies)

ABInbev

A developer of COVID-19 tests

Nikon Inc

HP Inc.

Work highlights

  • Obtained full-blown cross-border injunction obtained for Novartis against Mylan for 28 countries establishing the Netherlands again as the central pivot in global patent litigation.
  • Acted for HID Global Corp. (Impro Technologies) in an infringement suit based on a patent held by the French company of Construction Diffusion Vente Internationale  relating to magnetic card readers. The patent was revoked in first instance. This decision was confirmed on appeal in June 2020.
  • Acted for a leading pharma company specialized in mRNA-based therapeutics in the coordinating of its worldwide patent litigation regarding this platform, (excluding the US) with the goal of defending and enforcing this portfolio worldwide.

Hogan Lovells International LLP

Hogan Lovells International LLP has very strong capabilities in cross-border IP litigation; Ruud Van Der Velden, who leads the team handles multi-jurisdictional patent and trade secret litigation and litigates before all courts in the Netherlands and the EPO. Velden focuses on high-tech and life sciences matters. Bert Oosting is a seasoned IP litigator known for his leading practice in the areas of international patent and technology disputes while Klaas Bisschop is a key advisor, who handles complex patent disputes in addition to trade secrets and product liability. Counsel Rik Zagers who also has a physics background, is a key team member as is senior associate Dirk-Jan Ridderinkhof whose expertise is in patent and trade secrets disputes in industries including life sciences, energy and telecoms. The firm reports promising percentages of female and minority group employees.

Practice head(s):

Ruud van der Velden

Other key lawyers:

Bert Oosting; Klaas Bisschop; Rik Zagers; Dirk-Jan Ridderinkhof

Testimonials

‘I have been working with the Hogan Lovells International law firm in the Netherlands on high-profile, high-stakes, multi-jurisdictional patent litigation work. For the last 3 or 4 years they were working on such a major case for me, which just ended with my company being very satisfied with the results. They have been involved in devising strategies that are not only appropriate for their jurisdiction, but that is also helpful in other jurisdictions. They are very proactive, and are very knowledgeable about the law, the biotechnology and pharmaceutical industry, and science. They identify top-calibre scientific experts for their litigation and work extremely well with them. They also professionally and respectfully interact with the attorneys working on the related cases, but also do the same when interacting with attorneys working for the adverse parties, which is very important to me. They are the first firm that I approach when I am considering litigation in the Netherlands. We had a virtual court hearing and the hearing and internal communications worked well.’

‘In my recent cases, I worked most closely with Klaas Bisschop and Rik Zagers. They are excellent writers, have great attention to detail, and are very hardworking and very easy to work with. Rik had excellent litigation and strategic judgement.’

‘One of the strongest teams in Europe. Great knowledge, experience and depth.’

‘Bert Oosting is always a pleasure to work with.’

Klaas Bisschop has one of the finest legal minds of his generation. Very approachable, intensely interested in succeeding for his client. A total star.’

‘The team is very experienced, hardworking, open and proactive. They analyze the matters very objectively, collect relevant information fully and diligently, then devise a strategy which can really work in the subject matter.’

Ruud van der Velden is excellent in strategy development in a legal matter. He has in-depth knowledge of law. He also monitors the legal environment in detail to catch details that can make difference. His advice is actionable and outcome-oriented.’

Work highlights

  • Representing Eli Lilly in patent infringement proceedings against Sandoz, Teva and Fresenius Kabi in relation to the product Alimta (pemetrexed).
  • Representing Merck Sharp and Dohme in two patent revocation proceedings with respect to Pfizer patents in relation to a vaccine product.
  • Representing Oppo in patent revocation proceedings against Sharp before the District Court of The Hague in relation to two patents of Sharp that Sharp alleges would be essential to the LTE standard.

Simmons & Simmons

Simmons & Simmons provides the full suit of IP expertise ranging from transactions involving licensing and funding matters through to patent litigation. It has an especial focus on the hi-tech and life sciences sectors. Additionally, it has an extensive international network across Asia, Europe and the Middle East. Its dedicated prosecution team in Asia is headed Dr George Chan. Team head Bas Berghuis Van Woortman serves major technology, electronics and life sciences clients while Oscar Lamme (who joined the team from De Brauw Blackstone Westbroek) is noted for his IP litigation expertise. The team has been further enhanced since Johan Renes joined (from DLA in May 2021) who brings considerable patent prosecution, transactional and patent litigation experience. He handles international patent litigation in various courts and is skilled in the areas of small molecules, proteins and medical devices. Sebastien Versaevel is skilled in the technical aspects of litigation and is also a European Patent Attorney.

Practice head(s):

Bas Berghuis van Woortman

Other key lawyers:

Johan Renes; Oscar Lamme; Sebastien Versaevel

Key clients

Samsung Electronics

Xiaomi

Honeywell

UCB

ASML

HP

ArcelorMittal

Bayer Healthcare

GSK (GlaxoSmithKline)

Samsung Bioepis

The Netherlands Cancer Institute

Gilead

Serenity Pharmaceuticals

Coloplast

uniQure

Work highlights

  • Defended Samsung’s product-portfolio against pan-European injunctions as requested by Ericsson (parallel proceedings across Europe, in China, India and the US; settled in 2021) including SEP and FRAND issues, and continues to represent Samsung in unrelated proceedings based on a patent portfolio in relation to digital mobile security technology, brought by Netherlands-based company DTS International.
  • Assisted Samsung BioEpis with litigation against Fresenius in respect of revocation and infringement proceedings pertaining to the formulation of its successful adalimumab biosimilar, Imraldi®, and most recently the successful litigation against Gedeon Richter in respect of revocation and infringement proceedings pertaining to the formulation of its adalimumab biosimilar.
  • Representing Xiaomi in multijurisdictional litigation against Philips Electronics.

Allen & Overy LLP

As part of an extensive global network, Allen & Overy LLP is well placed to enforce its clients’ IP rights both domestically and internationally, working with colleagues across Europe and beyond. Its key sector focus is on technology/software, life sciences and healthcare products (clients are kept appraised of life sciences developments via the firm’s Life Sciences Hub.) The team also works closely with its corporate colleagues on IP transactions. The ‘esteemed and truly terrific’ Frits Gerritzen spearheads the practice which includes Marleen Van Putten (patent enforcement in the tech space) and Nicole Wolters Ruckert (data privacy and technology matters).

Practice head(s):

Frits Gerritzen

Other key lawyers:

Marleen Van Putten; Nicole Wolters Ruckert

Testimonials

‘High degree of responsiveness at all times.’

‘The establishment of a central collaborate site (secured) helped quite a lot in exchange of documents and drafts.’

‘Frits is the key driver of business-minded orientation of the team. He is open minded to any suggestion that is more triggered by commercial interest rather than the consequence of the law and is creative in finding adequate solutions to level this.’

‘Frits Gerritzen of Allen & Overy is an esteemed and truly terrific lawyer with a stellar reputation. He is a towering figure who is highly respected for his deep expertise, particularly in high-technology industries.’

Mr. Gerritzen is an industry leader in the Dutch market and is at the cutting edge of intellectual property disputes. He is a brilliant, thoughtful, calming presence and he listens carefully.

Mr. Gerritzen and his team bring substantial experience and authority to the table, both in strategic counseling and in litigation. He is attuned to developments in other jurisdictions and has a keen sense of how they might affect effective advocacy before Dutch judges.’

‘Mr. Gerritzen has exceptional experience in intellectual property litigation, and he is a leading authority on fair, reasonable, and nondiscriminatory (FRAND) and reasonable and nondiscriminatory (RAND) royalties for standard-essential patents (SEPs). He and his top-notch team are consummate experts in handling high-stakes proceedings for clients across a range of sectors.’

Key clients

Bayer Animal Health

J&J (Jansen Vaccines and Prevention)

KPN

Nikon Corporation

Frame Therapeutics

Work highlights

  • Assisting Bayer Animal Health with the enforcement of its patent against Ceva Santé Animale’s product for the treatment of coccidiosis/anemia in piglets.
  • Assisting KPN (the Dutch telecom incumbent) with a matter relating to alleged SEP infringement and FRAND licensing and a matter relating to alleged infringement of a patent for DSL technology.

BarentsKrans

Based in The Hague, BarentsKrans undertakes complex litigation in addition to transactional work such as cross-border licences and joint development agreements. It also routinely assists clients with strategies to protect its key patents. Its deep knowledge of the pharma, life sciences, technology and agri-food sectors, includes mechanical engineering, electronics, telecoms and biotech. Clients also highlight an appreciation for the firm’s transparency and ‘excellent value‘ on the billing front. Jaap Bremer heads the IP and technology work, while Marleen Van Den Horst heads the healthcare and life sciences industry group. Both are highly rated talents for complex patent litigation and advisory work.

Practice head(s):

Jaap Bremer; Marleen van den Horst

Testimonials

‘The BarentsKrans team shows a great combination of a skilled and experienced team together with deep insights in the pharma patent litigation sphere.’

‘Marleen van der Horst and Jaap Bremer are in an excellent team and is really a go-to outfit for patent litigation in the Netherlands.’

‘Among the main strengths of the team by BK are dedication combined with exceptional knowledge of the field. As a client, you can be sure that your interests will be taken care of in the best possible way!’

‘Working with Marleen van der Horst is a pleasant experience. With enthusiasm and skill she clearly shows why she rightly belongs to the top in the Netherlands.’

‘Extremely capable and business savvy team that works to be in sync with the client’s business needs. They bring in experts where needed and work effectively well within the client budgets.’

‘Marleen van den Horst has been a pillar of support in devising ideas to get to market and to effectively derisk launches. She works on IP as well as business aspects to make sure that all areas are covered and effectively addressed.’

‘The team around our lawyer is well-motivated, skilled and the really act as a team to achieve deadlines and to provide the client with all necessary information.’

‘The firm has a long pedigree of acting in patent matters in the Netherlands.’

‘Marleen van den Horst (Life Sciences) and Jaap Bremer (tech) are both “go to” individuals with a pragmatic, commercial approach.’

‘Extraordinary Firm. Extraordinary Lawyers. Efficiency and cost-effectiveness.’

‘Marlene van den Horst is a great patent lawyer. Really smart and business conscious. Her deep knowledge of the IP relevant issues makes her the patent lawyer to go to in case of any dispute in the Netherlands.’

‘The team is very eager and fast learners about relevant technology and industry. They dive into the case and will do their utmost to build a successful case. Advice is adequate and detailed.’

‘Jaap Bremer is a very clever lawyer, who thinks strategically, goes to the point, is hands-on and working with a business mind perspective without forgetting to point out legal risks. He is very pleasant to work with and readily available. He can easily translate difficult legal concepts into “plain” language so business can easily understand where they stand.’

‘BarentsKrans is a boutique in IP in the Netherlands which has an easy way of going compared to the bigger IP firms.’

‘Both Marleen van den Horst and Jaap Bremer are amongst the very top life science litigators in the Netherlands. It is always a pleasure working with them.’

‘Very experienced and well connected in pharmaceutical patent litigation.’

Key clients

Mylan (Viatris)

Nutrition Sciences

Teva

NeoKidney Foundation

Insud Pharma

InterDigital

Unilin

Stada / Centrafarm

Focus Care Pharmaceutical

Rollepaal (RPFlow)

Ciel et Terre

Mourik

Topa Thermal Packaging

Blommaert

Work highlights

  • Represented Ciel & Terre in enforcing its patent for floating solar systems against a Dutch infringer in preliminary injunction proceedings, eventually resulting in the Dutch competitor amending its system and the parties reaching a settlement.
  • Assisting Mourik in the negotiation of a number of complex licensing transactions with multinational energy companies regarding ground breaking new sustainable technology.

DLA Piper

The Netherlands DLA Piper team is highlighted for being ‘genuinely invested in getting a result for the client‘. It has experience of an array of sectors but is noted for its strength in the biotech/life sciences, medical devices and mechanical engineering spheres. Senior partner Paul Reeskamp is an experienced patents litigator, while legal director Alexander Tsoutsanis also handles complex IP litigation as part of his broader practice. Senior associate Marijn Van Der Wal’s practice comprises both advisory and litigation work with a focus on life sciences cases and cross-border litigation. On the client service front, the firm provides various automated tools for areas such as document review and data analysis.

Practice head(s):

Paul Reeskamp

Other key lawyers:

Alexander Tsoutsanis

Testimonials

‘Paul Reeskamp is the head of the patent team and is second to none in the Netherlands. He has an amazing capability of focusing on what is important and to keep that focus during the full length of a case. Furthermore he is a lawyer pur sang, having in-depth knowledge of all aspects of patent law and able to see the relevant legal concepts. He is also very convinced that his view on a case is the correct view and that conviction is contagious and spreads to courts who decide on a case.’

Marijn van der Wal is a reliable attorney at law who works together with Paul Reeskamp. Together they form a well oiled machine.’

‘Paul Reeskamp: Always focusses on the important issues. Thorough knowledge of IP law. Great convincing power.

‘Marijn van der Wal: Fine attorney at law. Very pleasant to work with.’

‘Personalised service from people who are genuinely invested in getting a result for the client. They are happy to engage and take input from others to build the strongest possible case.’

‘Alexander is a gentleman, a pleasure to work with, and proactive to get a result.’ 

‘The DLA Team take our IP rights as seriously as we do. They provide very active participation in all activities related to matters we refer to them on. They provide also innovative ways of also being able to deal with such events (collaboration, resolving conflict etc).’

‘Alexander Tsoutsanis has been an excellent partner to our IP rights enforcement program and process. he is quick thinking, provides innovative ways of dealing with specific issues, has a great understanding of the law, and provides us with great support.’

Key clients

Asetek

Easypath

Euro-Caps

Fresenius Kabi

Fugro

Glen Dimplex / Basic Holdings

ING Bank

Merus N.V.

uniQure

Work highlights

  • Representing Fresenius Kabi against Eli Lilly in relation to alleged patent infringement concerning Lilly’s blockbuster drug Alimta®.   This case is being litigated all over the world against numerous defendants, Fresenius Kabi being one of them. DLA Piper Amsterdam handles both the case in the Netherlands and in Belgium.
  • Continuously advising Euro-Caps on freedom-to-operate type analyses and is co-representing Euro-Caps in EPO opposition proceedings against the grant of a patent of Alice Allisson.
  • Representing Asetek in proceedings against two competitors pertaining to computer cooling technology. Asetek invoked its patent against Cooler Master and Coolergiant in the Netherlands.

Houthoff

Thomas de Weerd leads the Houthoff practice which has a noted reputation for its expertise in Supreme Court litigation, often in respect of pharmaceutical, biotech, technology and chemicals patents. Its advisory work includes the patent aspects of mergers and it also advises medical start-ups on patent matters. It is the leading firm in advising on the niche area of plant variety rights – an area where Fleur Tuinzing-Westerhuis is an expert. Her experience encompasses litigation regarding national and community plant variety rights and broader agri-food cases. Thijs van Aerde is well known for his Supreme Court litigation.

Practice head(s):

Thomas de Weerd

Other key lawyers:

Thijs van Aerde; Fleur Tuinzing-Westerhuis

Testimonials

‘The team is unique because of its breadth from high-level supreme court litigation to transactional work.’

‘Fleur Tuinzing, counsel, stands out because of her committed, down to earth approach to complex legal issues. As for the entire team, her ability to see the bigger picture allows her to come up with sensible solutions in litigation and deal situations alike.’

Key clients

HP inc.

Car manufacturers/importers such as Volvo, Kia, Renault, Peugeot, FIAT, Ford & VDL Nedcar

Dümmen Orange

Breeding companies such as Enza Zaden and Driscoll’s

The Dutch National Opera & Ballet

VolkerWessels

Fresenius Kabi

Enza Zaden

Work highlights

  • Representing Fresenius Kabi in Supreme Court precedent-setting potential patent infringement proceedings against Eli Lilly concerning pemetrexed or ALIMTA.
  • Assisted Shenzhen Goodix Technology Co., Ltd., an integrated chip design and software solution provider in reaching a definitive agreement with NXP Semiconductors for the acquisition of NXP Semiconductors’ Voice and Audio Solutions (VAS)’s total assets for USD 165m.
  • Counsel to Asetek in patent litigation before the Supreme Court concerning the validity of Asetek’s patent for a water cooling mechanism, where the Advocate-General opines to overturn the Appeal Court’s judgement.

Taylor Wessing

The Taylor Wessing practice, based in Amsterdam and Eindhoven, is rated highly not only for its abilities in handling complex, high-impact patent disputes but also for its communication skills. Team head Wim Maas (Eindhoven) takes on patent litigation for national and international clients in areas including electronics (including FRAND cases), mechanical engineering, biotechnology and pharmaceuticals. He also has a background in corporate M&A and finance. Other well rated members of the team include counsel Eelco Bergsma in Eindhoven and Amsterdam-based senior associates Marthe Riewald and David Mulder. Judith Krens left the practice in February 2022 to join Pinsent Mason.

Practice head(s):

Wim Maas

Other key lawyers:

Eelco Bergsma; Marthe Riewald; David Mulder; Maarten Rijks

Testimonials

‘The team at Taylor Wessing is always reachable, office hours or not. You don’t need to contact secretaries or receptionists, they are happy to provide their direct phone numbers. They are not bound to traditional technology, you can also contact them using WhatsApp or any other means that you prefer.’

‘The team is very pragmatic which is appreciated by myself as well as many other clients. Being pragmatic often results in good value for the money spent.’

‘The team is experienced in tackling high tech inventions. I work a lot with Taylor Wessing in FRAND/telecommunication cases wherein often the patents are considered technically difficult. It seems to me that the Taylor Wessing team is able to quickly grasp the specifics of a technically difficult patent.’

‘Excellent knowledge of the industry, pleasant people who work with dedication and knowledge. Know how to find the right tone and take things to the next level.’

‘Marthe Riewald, because of their extensive knowledge of the field, know how to separate main issues from secondary ones. Combined with their sharp analysis of the situation, this makes the team one of the most favoured in The Netherlands.’

‘Wim Maas is an outstanding partner with his clients in advising on patent litigation in both the Netherlands and Belgium. He offers realistic and practical advice on the strategy that is well-tailored to his clients’ goals.’

‘Wim Maas was not afraid to give his honest opinion, even when his advice was not what his client had hoped to hear. He also was effective in thinking of strategy options that were out of the box, yet also was skilled in managing expectations regarding possibility of success.’

‘The team is very flexible, easy to work with and has both great legal knowledge and a good understanding of complex technology. Due to size and organization, the team is able to handle also larger litigations with a plurality of cases in an international context.’

‘Wim Maas gives excellent strategic advice during preparation and the different phases of litigation and acts very convincingly in the oral hearings. Wim is very engaged and easily accessible.’

‘TW has a very solid reputation in Europe and can handle pan-European litigation very well. The Dutch team has become more and more an integrated and a respected part of this international team.’  

Key clients

Ericsson

Abbott

Pfizer

Rockwool

Fresenius

SANKO TEKSTIL ISLETMELERI SAN. VE TIC. A.S.

Asustek Computer Inc.

VSY Biotechnology

Barco N.V.

Heijmans

Work highlights

  • Assisted Ericsson with complex patent and FRAND litigation against Samsung.
  • Instructed by Rockwool to start patent litigation (nullity proceedings) with respect to (1) a patent related to ground water recharging systems owned by Drainblock B.V. and (2) a patent related to an underground vibration barrier owned by Drainblock B.V.
  • Advises Sanko on its global patent strategy including the coordination of various cases and multi-jurisdictional overview.

Vondst Advocaten N.V

Specialist firm Vondst Advocaten N.V has an exclusive focus on contentious and non-contentious intellectual property especially in the pharmaceuticals, life sciences and IT sectors. Patents are a central area of work; it acts for well-known pharmaceutical, medical device and other healthcare companies and mechanical engineering and electronics are growth areas for the practice. Otto Swens litigates in national and international patent cases in addition to advisory work such as licensing negotiations, technology transactions and R&D collaborations. Likewise, Ricardo Dijkstra and Arvid Van Oorschot have broad patent litigation practices. A substantial team of associates includes Tjerk Sigterman and Carly Van Der Beek, both of whom are building a patent litigation practice.

Practice head(s):

Otto Swens; Ricardo Dijkstra; Arvid van Oorschot

Other key lawyers:

Tjerk Sigterman; Carly Van Der Beek

Key clients

Teva

Sandoz

Viatris (formerly Mylan)

VDL Group

Curium Pharma

Noba

Tomra

Strukton

Afire

Wassenburg

CMS

In addition to its technical expertise, CMS is also valued by clients for its collaborative approach. It can provide its household-name clients with multi-practice expertise together with cross-border capabilities through its global network. It is noted for its handling of digital transformation projects in the telecoms and media industries, in addition to its work in life sciences and financial services sectors. It is a member of the Dutch Artificial Intelligence Coalition and the Dutch Blockchain Coalition and is involved in numerous AI projects, many of which for part of the firm’s client services. Rogier de Vrey‘s experience spans advice and litigation in respect of international patents and extends to trade marks, unfair competition law and trade secrets in the areas of media and life sciences. Managing partner Willem Hoorneman is highly rated for patents and is also a WIPO arbitrator. Marcoline van der Dussen and associate Yasar Celebi are other core team members.

Practice head(s):

Rogier de Vrey

Other key lawyers:

Willem Hoorneman; Marcoline van der Dussen; Yasar Celebi

Testimonials

‘Prompt and precise answers, with the appropriate level of details for us to understand the specifics of their national regulations.’

‘Efficiency and ease of communication.’ 

‘The team we have dealt with pertaining to patent litigation has been extremely professional and provided very good counsel about potential outcomes of the litigations. This, in turn, helped us to develop a very thorough strategy in advance and we believe the outcome will be positive.’

‘Rogier de Vrey, is always available for consultation on short notice which makes it very easy for our global team to have global team discussions whenever necessary.’

We also found the entire team to be very dedicated and always responsive to requests.’

‘We are pleased because of the vast knowledge and creativity about the team.’

‘Rogier de Vrey is available when needed and answers any question we have. Yasar Celebi helps us out whenever needed.’

‘Professional team, very practical in good collaboration with the client.’

‘Rogier de Vrey is an open person with excellent knowledge of IP law. Rogier thinks about solutions and his practical approach is pleasant.’

Key clients

Kverneland Group

ArcelorMittal

Johnson & Johnson

Eli Lilly

Fineline Technologies

Vattenfall

Vreugdenhil Dairy Foods

NUC Electronics

Xiaomi

Volition America Inc.

Syngenta

Essity

ABB Technology Ventures

Universal Electronics

Royal Dutch Railways

Subsea 7

Ultimaker

Scholle IPN

Royal Dutch Ahrend

Kiremko

Work highlights

  • Assisted Kiremko with multiple patent infringement and invalidity proceedings.
  • Assisted a number of stakeholders in Diverto Technologies with respect to inter alia reclaiming a patent and related seizure of assets.
  • Advised Syngenta on Dutch customs enforcement opportunities and assisted Syngenta with applications for and extensions of special customs protection procedures for its various patents and SPCs.

NautaDutilh

NautaDutilh has one of the largest Benelux IP teams; it acts for international/overseas and domestic corporates in an array of industries such as pharmaceuticals, biotech and telecoms. It is also well known for its anti-counterfeiting enforcement practice. Anne Marie Verschuur heads the IP group and co-heads the life sciences team, while professor Charles Gielen (who is now of counsel) is a respected litigator who has been involved in many landmark cases over the years. Richard Van Oerle is also a key team member, as is senior associate Jeroen Boelens who ‘knows his stuff‘ when it comes to patent law. Boelens has a specialism in international technology cases where he advises on regulatory regimes and litigates.

Practice head(s):

Anne Marie Verschuur

Other key lawyers:

Charles Gielen; Richard Van Oerle; Jeroen Boelens

Testimonials

‘They know patent law very well. They not only deliver the required information but are also proactive when they think it’s useful for us. We feel we have a strong relationship with the firm. We have worked with a number of members of the team and they provide quick, clear and helpful advice. The team has a good understanding of the processes within our industry and challenges biotech companies like ours are facing.’

‘Jeroen Boelens: What I appreciated about Jeroen is that he knows his stuff. He has excellent command of patent law and combines that with a strong commercial mind. He solves problems; you can always put ideas to him and discuss the issues with him to come up with a creative and sensible plan.’

 

Key clients

Heraeus

Wiko / Tinno Mobile

Aseptix Health Sciences

Medac

REV’IT!

Synaffix

Gadeta

Work highlights

  • Represented manufacturer Wiko SAS and its parent company Tinno Mobile in currently the largest telecommunications set of patent cases in the Netherlands, initiated by the Luxembourg based non practicing entity Sisvel International SA, which holds numerous patents essential to the 2G, 3G and 4G telecommunications standards.
  • Representing medical technology group Heraeus in its global litigation against Biomet Zimmer Biomet concerning the best-sold bone cement ever (used in prostheses).