Intellectual property: Patents in Netherlands
Brinkhof is lauded as one of the top IP firms in Europe. One of its clear strengths is the ability to coordinate litigation across Europe and beyond. Pharma, biotech, electronics, and various food and other consumer goods are some of its sector expertise and it has close connections in academia and the judiciary. The firm is also known for its deep understanding of cutting edge technology. The well-known Richard Ebbink and Mark Van Gardingen head a talented team: 'Stand-out partner' Daan De Lange, 'rising star' Jan Pot, and Koen Bijvank, who is considered outstanding, particularly for oppositions. Barbara Mooij is also a notable team member.
Richard Ebbink; Mark van Gardingen
Other key lawyers:
Daan De Lange; Jan Pot; Koen Bijvank; Barbara Mooij; Rik Lambers; Alexander de Leeuw
‘This is the top-notch patent litigation firm in the Netherlands. Partners are pragmatic, hands-on, and results-oriented.’
‘Daan de Lange is a standout partner with strategic views and a low profile. Jan Pots is a rising star in the team.’
‘Knowledgeable, always available, and prompt to react. ’
‘Jan Pot: outstanding in his communication and advices.’
‘Koen Bijvank is extremely effective in opposition work.’
‘Brikhof’s patent litigation team is the best in the Netherlands and one of the top shops in Europe. Hugely capable practitioners handling a busy book of work makes for the most experienced lawyers available.’
‘Mark van Gardingen: nobody works harder for their clients. Smart, dedicated, devoted, and creative. Always thinking several moves ahead and unafraid to challenge the assumptions’.
‘Koen Bijvank: one of the brightest patent attorneys in Europe. Instrumental in some major cases.’
‘Daan de Lange: charming, approachable, and hard-working. Outstanding track record of success’.
‘Jan Pot: A star in the making.’
‘Excellent quality always. Practical, commercial knowledgeable people.’
‘Koen Bijvant – excellent, personable, great experience, good with clients.
‘Mark van Gardingen – bright and innovative thinker. Great with clients’.
‘Barbara Mooij – terrific young talented advocaat.’
Richter Gedeon Nyrt
The Broad Institute of MIT and Harvard
Novartis / Sandoz
The Dow Chemical Company
- 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).
- Globally coordinating Heineken’s international response in a complex, worldwide patent dispute against competitor Anheuser-Busch InBev (ABI) involving several key patents relating to “bottle-in-bottle” technology with parallel proceedings in the Netherlands, the US, the UK, Germany, and Belgium.
- Acting for the Broad Institute of MIT and Harvard in connection with its discovery and development of the groundbreaking CRISPR/Cas9 system for genome editing, including representing our client in matters related to its significant European CRISPR patent portfolio and other patents.
HOYNG ROKH MONEGIER
Bart van den Broek heads the practice at HOYNG ROKH MONEGIER, where other highly regarded senior practitioners include Willem Hoyng, Simon Dack, Theo Blomme, and Geert Theuws. A very substantial team includes a number of technically trained patent attorneys. It is well-reputed for its handling of cross-border litigation, especially in the life sciences, electronics, and telecommunications sectors, and is also known for managing the portfolios of global clients. The team's reach and client base has been further extended following its merger with French patent litigation boutique Véron & Associés.
Bart van den Broek
Other key lawyers:
Willem Hoyng; Simon Dack; Theo Blomme; Geert Theuws
Danisco (part of du Pont Group)
Johnson & Johnson
Nagra Kudelski group
Procter & Gamble
Quantum numbers corp.
Vector Cty BVBA
- Acting for Philips enforcing three SEPs on 4G (infringement and validity) against various defendants incl. ASUS and Wiko. Winning (and obtaining injunctions in) two out of three matters in appeal. Proceedings before the Supreme Court pending.
- Acting for ASTRA ZENECA in infringement and invalidity proceedings against Sandoz (fulvestrant). Obtaining an injunction in appeal (cf. Germany where patent was invalidated by BGH). The case was decided by the Supreme Court in favour of AstraZeneca.
- Acting for Intel in infringement and invalidity proceedings against licensing company Mahltig (patentee). Infringement claims dismissed and patent invalidated. An appeal is pending.
Bird & Bird is well known for its ability to handle multi-jurisdictional cases in conjunction with its network of global offices for its domestic and international clients. Its clients also benefit from TwoBirds' client solutions; the provision of a range of automating legal processes. Its clients come from a range of innovating industries ranging from life sciences and healthcare to energy, defence and consumer goods. It is, for example, acting for ABInBev in relation to its 'bag-in-bottle' technology. Wouter Pors' reputation extends to being involved in the preparations for the Unified Patent Court, and Marc van Wijngaarden attracts high-profile international clients, particularly in the pharmaceutical industry. Armand Killan's patent litigation skills assist clients in the tech, life sciences, healthcare, and retail consumer industries. Thijs van den Heuvel has a broad IP practice including patents; Peter van Gemert is gaining recognition as a patent lawyer and Kian Hsia is also a noted team member.
Wouter Pors; Armand Killian; Marc van Wijngaarden
Other key lawyers:
Peter van Gemert; Thijs van den Heuvel; Kian Hsia
‘Bird & Bird is definitely a go-to firm in Europe but the soft IP team in the Hague is one of their best. Agile and innovative. Also, the firm has the reputation to handle only complex cases and that should be able to afford. My experience with Manon Rieger’s team is that they can assist us in complex matters but also on straightforward questions or day-to-day trade mark issues for an appropriate fees structure.’
‘Beyond the law firm’s reputation, I would definitely recommend working with Manon Rieger. She is an outstanding litigator in soft IP matters, in particular complex trademark cases. She is business-oriented and a strategic thinker in particular in cases with multi-jurisdictional angles. She is also pragmatic, down to earth.’
‘Bird & Bird has outstanding lawyers that have assisted us through thick and thin.’
‘Their lawyers are accurate, dedicated, and loyal. I especially advocate here for Armand Killan. Armand is an outstanding IP litigator with a great political sense, which is highly valuable in business negotiations under high pressure.’
‘They stand out as to content and case management. Besides they are kind people with whom it is easy to work. They are open for discussions and able to change their mind.’
‘Armand Killan: he is really someone with a helicopter view and an excellent case manager. He knows which topics are important and which ones are less important. He is the real leader of the team.’
‘Peter van Gemert: he is young but extremely good in both legal and technical content. Moreover, he can plead rather well.‘
‘Kian Hsia: he is also a coming man. He likes to investigate important details of the case and is not afraid to question opinions in the team itself such that they become more clear. He also is a good case manager and a team player.’
‘Their understanding of the intricacies of patent litigation in the telecoms sector. They have in-depth knowledge and a breadth of expertise.’
‘The team is strong in litigious patent cases, and creative. They dig into the technology and legal merits of the case, and provide practical, creative solutions that really help our business.’
‘Marc van Wijngaarden is a trusted partner who has an insatiable ability to get into the detail. He is supported by the rather brilliant associate Peter van Gemert who is a rising star in his field.’
The Broad Institute of MIT and Harvard
Anheuser-Busch InBev/AB InBev
Sinopharm Weiqida Pharmaceutical Co. Ltd.
Swiss Pharma International
- On behalf of Nokia, litigating numerous cases both based on standard essential patents (SEP) and implementation patents.
- Acting for Ablynx in patent litigation on basic patents for camelid antibodies. The issue at stake is the boundary between medicinal products and functional foods, with as a further implication whether functional foods with therapeutic effects on pathogens can be marketed without clinical trials and marketing authorization under the regulations for medicinal products and a moratorium on patent infringement.
- Acting for AB InBev in patent prosecution proceedings against their main competitor Heineken regarding the so-called bag-in-bottle technology.
De Brauw Blackstone Westbroek serves clients in the biotech, pharmaceutical, food and beverages, telecoms, high-tech, chemical, and engineering sectors. In addition to its track record in patent litigation, it also handles oppositions before the EPO in addition to proceedings in the Dutch courts. On the advisory side, it assists clients with advice ranging from inventorship issues to international agreements on the exploitation of IP assets. More broadly, it can also advise on related competition, tax, and regulatory issues and it also undertakes significant pro bono work. Gertjan Kuipers is a 'go-to partner for complex patent matters' and Tobias Cohen Jehoram can handle all types of IP matters. Senior associates include Carlos van Staveren, who is gaining increasing notice for his handling of Supreme Court patent litigation, and Bertrand ter Woort, who focuses on a blend of IP and IT. Irenah Klink has joined the team from Taylor Wessing as a senior associate and Oscar Lamme has departed to join Simmons & Simmons.
Other key lawyers:
Tobias Cohen Jehoram; Carlos van Staveren; Bertrand ter Woort; Irenah Klink
‘De Brauw is a strong, well known, and reliable law firm.’
‘Gertjan Kuipers is easy to work with, and highly intelligent.’
‘Excellent Dutch full-service firm with a strong patent litigation practice. Gertjan has been the driving force for years and been able to maintain a strong practice. Strong in pharmaceuticals and telecom.’
‘Gertjan Kuipers is excellent, a strong litigator who is always honest in his advice to clients. Carlos van Staveren is an excellent senior associate focusing on Supreme Court patent litigation; he has great analytical skill and can build strong arguments.’
‘This team is unique in their extraordinary abilities and knowledge in IP law, applying it in court and turn it into victory. They are a pleasure to work with both on a professional and a personal level.’
‘Gertjan Kuipers has an extraordinary intelligence, resulting in him being a stellar litigator and strategist. He is available to us whenever we need him and always has the answers!’
‘Carlos van Staveren is a rising star having been trained by Gertjan Kuipers.’
‘De Brauw’s patent ligation team is extremely dedicated and reactive. They are experienced litigators with a solid knowledge of the law and a quick understanding of the technical background. The team is very approachable and fun to work with.’
‘Gertjan Kuipers is an exceptional litigator. He has a unique understanding of cross-jurisdiction strategies and the business aspects of patent litigation cases. He has an exceptional legal mind and has an in-depth comprehension of the technical fields. When handling a patent case, Gertjan will leave no stone unturned to bring a claim to its full potential.’
‘The team’s understanding of our products (and the various stakeholders involved) is very impressive. They always keep the bigger picture in mind and consistently render high-quality legal advice.’
‘Gert Jan Kuipers is our go-to partner for complex patent matters. He is an extremely effective lawyer, combining thorough legal- and technical knowledge with strategic insight. Gert Jan and his team continue to consistently exceed our expectations.’
Eli Lilly No
- Representing Sisvel in the largest enforcement campaign of standard essential patents in the Netherlands.
- Representing JDE Peet’s in multiple jurisdiction patent enforcement proceedings relating to one of its most sold products worldwide.
- Representing Biomet against Heraeus Medical GmbH in a dispute regarding the alleged misappropriation of trade secrets by Biomet with respect to bone cement products.
Ruud van der Velden heads 'an awesome team' at Hogan Lovells International LLP. It attracts high-profile cases, especially in the life sciences, chemical, and high tech fields. It is also notable as a co-founded the Legal Diversity & Inclusion Alliance in Belgium and Stichting Forward in the Netherlands. The 'fabled' Bert Oosting is considered a premier practitioner for complex, international patent and technology disputes and Klaas Bisschop is noted for handling disputes before Dutch national courts, arbitral panels, and the Court of Justice of the European Union. The majority of his cases come from the industries such as life sciences where research and development is core. The practice is also notable for a talented team of senior associates such as Dirk-Jan Ridderinkhof and Stefan Dusault.
Ruud van der Velden
Other key lawyers:
Bert Oosting; Klaas Bisschop; Dirk-Jan Ridderinkhof; Stefan Dusault
‘The Hogan Lovells IP team combines an in-depth knowledge of IP systems all over the world with a hands-on mentality to serve their clients’ interests. Their patent litigators have a great affinity for technical matters. ’
‘Klaas Bisschop of Hogan Lovells Amsterdam is one of the best litigators in Court; his pleadings are exceptionally clear, concise, and convincing. Ruud van der Velden of Hogan Lovells Amsterdam combines legal expertise with technical affinity. Bert Oosting of Hogan Lovells Amsterdam is “the grand old man” with excellent strategic and tactic advice. ’
‘I have been working with the Hogan Lovells International law firm in the Netherlands on high-profile, high-stakes, multi-jurisdictional patent litigation work since the early 2000s involving many different types of my company.’
‘In the Netherlands, I am currently working with Bert Oosting, Klaas Bisschop, and Rik Zagers. They are excellent writers, have great attention to detail, and are very hardworking and very easy to work with.’
‘One of the strongest IP teams in The Netherlands. Superb knowledge and legendary partners.’
‘Bert Oosting is fabled for his knowledge, experience, smooth legal style, and approachability.’
Klaas Bisschop has one of the finest legal minds around. His creativity, gutsiness, and pragmatism are hard to beat.’
‘Experienced and steady team with a great combination of experts. Leaders, nationally and internationally, in the field of patent law already for over two decades.’
‘Bert Oosting, Klaas Bisschop, Ruud van der Velden. Awesome team, very different personalities, but very complimentary. Great experts! A talented team of associates includes Dirk-Jan Ridderinkhof and Stefan Dusault’
‘The team is experienced and very knowledgeable about law and cases. They have a good understanding of technologies and they can lever their international network and know-how whenever necessary. ’
‘Ruud van der Velden – Understands the weaknesses and strengths of the position of the client very well. Ability to bring in different angles to the situation. Ability to bring up creative approaches.’
‘Sanne Bouwers – Very knowledgeable about law and details. Excellent follow up of open issues. ’
‘Personal contacts allow to make quick decisions possible – Very professional, they know their strengths and if needed involve the right IP specialists from other countries – informal and open discussions, needed for a good understanding of normally very complex IP cases – management of infringement cases with international team members within Lovells.’
‘Bert Oosting, overall IP knowledge, in-depth knowledge of IP case law Klaas Bischop; management of infringement cases and international IP teams, in-depth knowledge of IP case law ’
‘The team responds diligently and quickly, is creative, grasps customer needs and positions, and is able to translate into relevant arguments and legal strategy. Careful but still pragmatic. They are very well able to lay out the situation in the national legal framework to customers even if these may not have a lot of experience in this jurisdiction. Quick on their feet in hearing.’
F. Hoffmann-La Roche
- Representing Eli Lilly in patent infringement proceedings brought against Sandoz, Teva, and Fresenius Kabi in relation to the product Alimta (pemetrexed).
- Representing Merck Sharp and Dohme (‘MSD’) in the UK, Germany, the Netherlands, the US, and Japan in legal actions challenging the validity of a Wyeth patent in relation to MSD’s proposed vaccine product, V114.
- Representing Solvay affiliate Rhodia in relation to infringement by Neo Performance Materials of Rhodia patents pertaining to cerium-zirconium mixed oxides.
Simmons & Simmons
Simmons & Simmons' Amsterdam-based team, which is an integral part of the firm’s international IP group, has a strong track record in the life sciences and high tech sectors. In addition to international disputes, it also deals with licensing, complex cross-border collaborations, and also advises universities on spin-outs. Other clients include venture capital and private equity funds and government departments. Home to three patent attorneys, the Amsterdam team works with colleagues in the UK and other international offices to provide international patent protection. Bas Berghuis van Woortman heads a practice that has been boosted by new partner Oscar Lamme, who joined from De Brauw Blackstone Westbroek, as well as also adding counsel Addick Land and associate Sebastien Versaevel to its ranks. Leaving the team, Mattie De Koning has moved to an in-house position.
Bas Berghuis van Woortman
Other key lawyers:
Oscar Lamme; Sebastien Versaevel; Addick Land
‘Excellent reponsive team.’
‘Bas de Berghuis: strong clear guidance.’
The Netherlands Cancer Institute
- Continues to represent Samsung Bioepis in clearing-the-way actions across Europe, resulting inter alia in the successful invalidation in the Netherlands of Gedeon Richter’s patent position as well as in a number of settlements that will remove any potential obstacles for the market launch of Bioepis’ products.
- Represents HP, a Fortune 100 company and the global technology leader in the field of printing, 3D printing, and digital manufacturing, in a string of proceedings against various infringements on its patent rights protecting the technical advantages encompassed in its printer cartridges. Currently, proceedings are pending before the Netherlands Supreme Court.
- Representing Chinese handset manufacturer Xiaomi with assistance in its patent battle with Non-Practicing Entity Fractus, who were seeking a cross-border injunction against Xiaomi’s mobile phones. The court win in December 2019 secured uninterrupted market access for Xiaomi.
Allen & Overy LLP
Allen & Overy LLP has been increasingly attracting global pharma companies that require assistance in the protection of their patents as clients. As part of a full IP offering, the team also handles a range of commercial contracting such as collaboration agreements, joint ventures, and contentious issues around FRAND. It also services well-known tech corporates and provides clients with a life sciences hub. Fritz Gerritzen, who heads the IP practice, is a highly skilled and 'esteemed' IP litigator, regularly handling cases relating to standard essential patents and FRAND licensing. Other core team members include Nicole Wolters Ruckert, Lars Braams, and Marleen van Putten.
BarentsKrans is home to a smaller 'but dedicated and experienced patent litigation team', headed by Jaap Bremer and Marleen van den Horst. In addition to IP litigation, it provides a range of strategic advice and assistance in complex transactions such as negotiating and drafting cross-border licences, distribution, and joint development agreements. It has expertise in pharma, biotech, mechanical engineering, and high-tech sectors and is noted for its experience in the area of generic pharmaceuticals. It also offers clients a range of tech innovations that assist with the secure sharing of information.
Jaap Bremer; Marleen van den Horst
‘Great reactivity Quick progress in our case Very good follow-up of any discussion with a brief sent by e-mail after each conf-call Share of previous experiences on similar matters Management of the needed translation works.’
‘Marleen Van Der Horst is very clear, with a real spirit of synthesis. She is approachable and friendly. She is very professional. I really appreciate that she helped us to make good decisions by sharing experiences and advice.’
‘BarentsKrans are strong team players. They excel in the preparations.’
‘Marleen van der Horst is highly skilled and highly experienced. She is deeply engaged in the cases handled by her team, stimulating excellence. Her team has a strong “can-do” approach.’
‘This is a very strong IP litigation team, very ably led by Marleen Van den Horst, a distinguished lawyer in this field. Jaap Bremer has developed into an excellent lawyer, too, and they have a team of smart associates to support. They are practical, commercial, and a pleasure to deal with.’
‘Marleen is a very experienced and expert counsel. She has been deeply involved in the generic pharma industry for many years and has greater insight than many in this field. She and Jaap Bremer are excellent advocates and provide a slick service, providing practical and commercial advice.’
‘They have a small team of patent attorneys at law. They are rather informal and easy to approach. They can fall back to many other attorneys at law in other legal areas in the firm if the need arises.’
‘Marleen van den Horst: she is an attorney at law with a lot of energy who is not afraid of discussing every important topic with anybody, no matter the status of her counterpart. She can plead very well.’
‘Jaap Bremer: he is an attorney at law one likes to work with. He is sympathetic and open to any discussion. At the same time, he is very knowledgeable and his contributions (oral and written) are well structured.’
‘In the Netherlands BarentsKrans is a firm that represents many generic companies. They are very experienced with the special needs of these clients. Of relevance is also their knowledge about pharmaceutical regulatory issues. ’
‘Both Marleen van den Horst and Jaap Bremer are excellent litigators. Jaap Bremer is very knowledgeable and is interested in every technical detail of a case. He is very thorough and easy to work with. Marleen van den Horst is very strong during oral hearings. As said, their main clients are generic pharmaceutical companies. Hence, they have excellent relationships with these companies and regularly travel to India, China, and Japan. ’
‘Very experienced respected team.’
‘Marleen van den Horst and Jaap Bremmer stand out with their experience and knowledge. They are well connected in the field.’
‘The Barents team heavily relies on external experts, both patent experts and technical experts, as well as inhouse people. They focus themselves on bringing the case in the best way possible. It is an asset to know what you can do and what you can’t. The team of Barents Krans is very down to earth and is not pretending they know everything.’
‘Jaap Bremer is a very quick learner and understander of technical subject matter, who asks the right questions.’
‘Marleen Van den Horst is more focussed on client relationships and on pleading.’
‘Small, but dedicated and experienced patent litigation team.’
‘Jaap Bremer – level headed & thorough. Marleen van den Horst – experienced & involved.’
‘They work with patent attorneys on an equal level. Thorough risk analysis before deciding to start litigation or not. Pleasant to work with.’
‘Jaap Bremer: investigative digging deeply into opportunities and risks, thorough.’
‘Marleen van den Horst and Jaap Bremer are very knowledgeable IP lawyers.’
Stada / Centrafarm
Focus Care Pharmaceutical
Ciel & Terre
- Advising Fortune 500 US-based Mylan on multiple product launches, representing Mylan in litigation regarding tadalafil and preparing new litigation regarding a generic ophthalmic pharmaceutical product (name confidential).
- Assisting a leading multinational nutrition company in the preparation of patent enforcement litigation against a major competitor supplying infringing products to supermarket chains throughout The Netherlands, which are sold under private label.
- Initiating patent invalidity proceedings on behalf of Insud Pharma (product/patent is confidential), advising Insud on litigation strategy and regulatory issues in view of multiple product launches.
'Star of the team' Paul Reeskamp, heads the DLA Piper patent practice and co-heads the firm's life sciences sector team. In addition to patent litigation, the team handles a range of transactional matters including patent licensing, and the management and restructuring of patent portfolios. It is especially strong in the areas of biotech, medical devices, and mechanical engineering. Legal director Alexander Tsoutsanis' broad practice includes a specialism in plant breeders rights, trade marks, and copyright in addition to his patents expertise, while Marijn van der Wal takes on cross-border patent litigation, especially in relation to life sciences matters.
Paul Reeskamp (co-head Patents)
Other key lawyers:
Marijn van der Wal; Alexander Tsoutsanis
‘The IP practice at DLA Piper is strong and varied. The IP team is proficient at handling both large and small clients and cases.’
‘Both the advisory skills and litigating skills are strong. They are generally very responsive.’
‘Paul Reeskamp is the star litigator of the IP team of DLA Piper Amsterdam. Paul excels in patent law, design law, and other fields of IP law. Paul is also great in an advisory role.’
‘The IP team of DLA Piper Amsterdam comprises a number of other lawyers who are very good and pleasant to work with, o.a. Marijn van der Wal.’
‘DLA has excellent experience and expertise in IP law. They are able to define a strong strategy for fighting successfully IP infringement.’
‘They are dynamic and active. They take time and consider well the options and provide is with a good strategy.’
Glen Dimplex / Basic Holdings
- Successfully representing Fresenius Kabi against Eli Lilly in relation to alleged patent infringement concerning Lilly’s blockbuster drug Alimta®.
- Advising Euro-Caps on freedom-to-operate type analyses. Currently, co-representing Euro-Caps in EPO opposition proceedings against the grant of a patent of Alice Allisson.
- Acting for Basic Holdings (Glen Dimplex) in a patent infringing dispute against Afire, in the field of electrical fires.
Houthoff is a smaller group but has a 'rare all-around profile' in that it has a blend of expertise that ranges from corporate work including mergers through to Supreme Court litigation. It acts for life sciences, pharma, and tech companies and also advises hospitals on the patent aspects of mergers, and also advises medical start-ups. Team head, Thomas de Weerd combines IP expertise with IT and privacy. Counsel Thijs van Aerde is especially noted for his Supreme Court cases which are often referred to him by other law firms. Counsel Fleur Tuinzing-Westerhuis is a highly rated patent litigator who is also known for her deep expertise in the field of national and community plant variety rights.
Thomas de Weerd
Other key lawyers:
Thijs van Aerde; Fleur Tuinzing-Westerhuis
‘The team is quite small compared to that of other firms that offer services in this area. It is well embedded in its transaction (corporate) practice. None of the practitioners in this area at the partner level.’
‘Fleur Tuinzing-Westerhuis: very pleasurable to work with/has carved out a bit of a niche practice in plant variety rights Thijs van Aerde: best known for his work before the supreme court.’
‘Their thoroughness, friendliness and very strong in IP.’
‘Strong IP and contracting capabilities, easiness working together with other departments, such as competition. ’
‘The team at Houthoff has a rare in the market all-around profile being involved in high profile corporate transaction work in the tech field for blue-chip clients to Supreme court patent litigations. At the same time, they represent tech startups and operate internationally within a ‘best friends’ type of network. This makes the team exceptionally versatile and a go-to firm for procedurally complex patent litigation matters. These capabilities have translated into (what I can see) an ever-increasing flow of tech-related work whereas some other firms seem to be struggling more in the Covid-era.’
‘I have worked only with Fleur Tuinzing-Westerhuis. I know Thijs vd Aerde and Thomas de Weerd. Both of them have an excellent reputation (although less specifically in the patent field compared to Fleur).’
‘Since being promoted to counsel, Fleur has further increased her visibility and standing in the market. Her practice seems to be developing and growing rather quickly and especially in the patent field. In line with the firm’s profile as outlined above, Fleur is a ‘problem-solver’ who is extremely committed to her clients. Her ability to keep the eye on the ball in complex disputes really benefits her clients, but also helps to find proper commercial solutions rather than litigation forever.’
- Representing Fresenius Kabi in Supreme Court precedent-setting patent proceedings against Eli Lilly concerning pemetrexed or ALIMTA.
- Successfully represented Innovet (Italy) in patent litigation proceedings against JP Russell (Cyprus).
- Successfully represented Enza Zaden in a leading case concerning plant variety infringement.
At Vondst Advocaten N.V, Otto Swens, Ricardo Dijkstra, and Arvid van Oorschot head a 'very agile' team that handles all aspects of IP, especially in the realms of pharmaceutical/life sciences and IT. The team's core work is acting for global pharma companies on a range of disputes but also includes instructions in the areas of medical devices, and, increasingly, mechanical engineering and electronics. It also undertakes non-contentious work and patent portfolio management and has niche expertise in plant variety matters. The team includes partner Tjeerd Overdijk and a substantial group of experienced associates that includes Carly van der Beek.
Otto Swens; Ricardo Dijkstra; Arvid van Oorschot
Other key lawyers:
Tjeerd Overdijk; Carly van der Beek
‘Pleasant people, great attention to detail, proactive’.
‘Otto Swens: proactive, self-starting, great attention to detail Ricardo Dijkstra: very calm, good court presence.’
‘The Vondst patent litigation team is probably involved in (at least numerically) the most patent cases in the Netherlands. This is due to their long-standing (generic) pharmaceutical client that keeps finding the team with instructions. The team is dedicated to patents yet has enough body to handle the larger instructions. Compared to their bigger peer firms, the team is very agile and this seems to serve them well in this Covid-era’.
‘Otto Swens doesn’t stop until he fully grasps every detail of a case. In doing so Otto keeps his strategic oversight and thinks along with his clients. That makes him an outstanding litigator.’
‘Ricardo Dijkstra is another point person for (pharma) patent litigation and has a pragmatic down to earth approach which allows him to quickly get to the core of complex matters and always deliver. Arvid van Oorschot is also recommended and has excellent people skills which work well with clients and courts the like.’
‘Vondst is extraordinarily experienced in pharmaceutical patent litigation and seen to be involved in most patent litigation matters in this sector. The team of three dedicated patent litigation partners and a host of very strong associates handle an incredible amount of work for us. They are very creative and many of the important court decisions they obtain often have an international impact.’
‘Ricardo Dijkstra is extremely creative and knows how to win. His knowledge of the pharma sector makes him an excellent partner in all contentious situations. He has the ability to design unique strategies that are fact-specific to help us reach our commercial goals. He can provide us with options, but also confidently recommend a specific route to take.’
‘Otto Swens understands our business very well and always provides strategic recommendations that are clear and concise. He is a pleasure to work with.’
‘Easy to work with and very knowledgeable’.
‘Otto Swens gives very good experienced advice. Ricardo Dijkstra is also an excellent lawyer.’
- Litigation on behalf of Teva in relation to one of the world’s bestselling anti-tumor products Afinitor (everolimus) of Novartis. Teva won the first instance preliminary injunction proceedings. The Court of Appeal reversed the first instance decision and granted an injunction. Thereafter, the Technical Board of Appeal of the European Patent Office indicated that it would revoke the patent for the combination everolimus and exemestane because of added matter. Novartis withdrew the European patent before the Technical Board of Appeal could render a decision.
- Conducted big-ticket litigation on behalf of Teva relating to the bestselling lung fibrosis product worldwide regarding second medical use patents of InterMune/Roche.
- Conducted extended patent litigation on behalf of VG Colours concerning claimed infringement of a patent for a process for introducing a substance in a plant and a plant obtained therewith. The matter has gone to appeal.
CMS head Rogier de Vrey is highly rated as much for his client care as for his patent and litigation skills. There is also a noted team of associates behind de Vrey and Willem Hoorneman, who is also the managing partner. The team counts an impressive range of domestic and international companies as clients ranging from multinational FMCG companies to those in new technologies and life sciences. The team can also call upon expertise in areas such as regulatory, competition, and corporate as required. The firm is highly involved in legal tech; it is a member of such organisations as the Dutch Blockchain Coalition and the Dutch Artificial Intelligence Coalition, it is also involved in the development of an AI tool that is being piloted for use in the legal profession.
Anne Marie Verschuur heads the IP/IT group and co-heads NautaDutilh's life sciences, healthcare, and technology team. She has broad IP expertise including litigation and advisory work. Seasoned practitioner, Charles Gielen (now of counsel) has been involved in many landmark litigation cases and is a professor at several universities. Also of counsel, Richard van Oerle, is also an experienced IP litigator of note. The team provides clients with a range of tailor-made software that assists in efficiency savings on their interactions with the firm and also has a range of highly flexible and variable billing modes.
Anne Marie Verschuur
Other key lawyers:
Charles Gielen; Richard van Oerle
Mt. Sinai (Icahn School of Medicine at Mount Sinai)
Aseptix Health Sciences
- Represents Wiko/Tinno in patent litigation in relation to three standard essential patents.
- Represents Heraeus in the Dutch chapter of global litigation concerning the secret formulation of the best-sold bone cement ever.
- Regularly advises Aseptix Health Sciences, which develops and markets novel antimicrobial and disinfection technologies.
With offices in Eindhoven and Amsterdam, Taylor Wessing is led by Wim Maas, who heads IP, and Judith Krens who is head of life sciences. The team undertakes disputes arising in areas such as mechanical engineering, biotech, pharmaceuticals, and electronics. It also advises on both national and international patent protection strategies and the exploitation of IP assets. Krens has an especial focus on life sciences and chemistry (she has an MSc in the latter) and is focused on international patent and SPC litigation. The firm offers clients a range of services such as TW Secure and is developing TaylorFlow: a client portal that will assist in areas such as document flow and costs tracking. Based in Eindhoven, counsel Charlotte Garnitsch provides expertise in pharma and biotech cases.
Wim Maas; Judith Krens
Other key lawyers:
Asustek Computer Inc.
- Assists Asus in complex patent and FRAND litigation against Philips; currently with the Supreme Court.
- Assisted Pfizer in high profile biosimilar patent litigation against Roche.
- Ongoing patent litigation regarding electronic communication tools.