Intellectual property: Patents in Netherlands
Brinkhof is renowned for its expertise in coordinating parallel European litigation, demonstrating an excellent history of litigation success in high-profile cases. The firm advises leading industry names in pharmaceutical and biotech, technology, and chemicals sectors. Key clients include The Dow Chemical Company, Sandoz, Biogen. Co-heads Daan De Lange and Mark Van Gardingen are representing Sandoz in a Supreme Court case against Bayer on infringement by equivalence concerning pharmaceuticals. Other co-heads include Richard Ebbink and Koen Bijvank are also noted.
Novartis / Sandoz
The Broad Institute of MIT and Harvard
The Dow Chemical Company
- Representing Celltrion and Mundipharma in patent litigation against Biogen, Genentech and Roche relating to the biological drug rituximab.
- Acting for Sandoz, a division of Novartis and global leader in generic pharmaceuticals and biosimilar products, in a range of patent litigation including a ground-breaking Supreme Court case against Bayer on infringement by equivalence for pharmaceuticals.
- Advising longstanding client Synthon in nullity proceedings to clear the way for a generic medicament for a blockbuster drug, including coordinating a Europe-wide litigation strategy.
HOYNG ROKH MONEGIER
HOYNG ROKH MONEGIER has a sizeable patent team with an established reputation in cross-border litigation. The firm focuses on the life sciences, electronics and telecoms sectors, and its client roster includes household names such as Pfizer, Samsung Electronics, and Procter & Gamble. Practice head Bart van den Broek and Geert Theuws are assisting Philips with the launch of various proceedings concerning infringements against a number of companies, including Wiko and ASusTek Computer (“ASUS”). Other key individuals include Willem Hoyng and 'result oriented' Simon Dack who are advising ASML and Pfizer respectively.
‘Young partner Theo Blomme impressed as co-lead counsel. He is sharp, accurate and able to hit the right note‘.
‘Geert Theuws is also a young partner who is really making a name for himself. Peter van Schijndel is their youngest partner who is mainly active in the life sciences – he impressed.
‘Simon Dack and his team are very experienced in patents in the pharma/heathcare/lifesciences industry, pragmatic, result oriented, responsive‘.
‘A fully dedicated and very experienced team assisting both in terms of legal strategy and competencies than technical support‘.
‘We really appreciate working with HOYNG ROKH MONEGIER: in this specific practice area Frank Eijsvogels stands out for his patent litigation skills and strategic thinking. He gives the clients the confidence that his solutions are the most appropriate‘.
Johnson & Johnson
Nagra Kudelski group
Procter & Gamble
Quantum numbers corp.
Vector Cty BVBA
- Defended ASML in patent litigation against Nikon, in respect of the alleged infringement of 12 different immersion lithography patents of Nikon.
- Assisting Philips with the launch of different proceedings concerning infringement against a number of companies, including Wiko and ASusTek Computer (“ASUS”).
- Advised Intel on filing invalidity proceedings against the patent of a licensing company which threatened to enforce the patent against Intel and its customers.
BarentsKrans handles a wide range of contentious and non-contentious IP matters, with a particular focus on patent litigation and strategic advice on cross-border transactions. The team is known for its 'in-depth understanding' of business and expertise in litigation. Practice head Marleen Van Den Horst has a well-established expertise in generic pharmaceuticals and is a 'highly skilled litigator' with 'creative and commercially sound suggestions'. Jaap Bremer is also recommended as an 'excellent advocate' who is 'highly competent, pragmatic and deliberate'. Horst and Bremer are representing Mylan in preliminary relief infringement proceedings initiated by ICOS and Eli Lilly. Claudia Zeri is also noted.
‘Marleen Van Den Horst is very well known in generic pharma. She has an extensive understanding of patent and SPC law. Jaap Bremer is also an excellent advocate – I think that he is making a name for himself‘.
‘They have in-depth understanding of all the different aspects that are relevant for business. This is a rare quality in particular in The Netherlands. And they have this combined knowledge in a condensed team. You do not have to jump from one team member to another; each team member has this quality‘.
‘Marleen vd Horst is an absolute power women; she is very creative and thinks various steps ahead. Not unimportant, Marleen automatically goes the extra two or three miles, which miles, is my experience, are always relevant and decisive. Marleen’s years of experience in the generic pharmaceutical field is recognized as a valuable asset not only by the generics but more and more also by the innovators in the pharmaceutical field‘.
‘Marleen van den Horst is a determined and highly skilled litigator. Always willing to provide creative and commercially sound suggestions‘.
‘Jaap Bremer is highly competent, pragmatic and deliberate. Far more than a safe pair of hands though – a highly valued member of the litigation team. A quality advocate‘.
‘Claudia Zeri is a highly enthusiastic and committed litigator‘.
AET (Alfred E. Tiefenbacher)
Focus Care Pharmaceutical
- Representing Mylan in preliminary relief infringement proceedings initiated by ICOS and Eli Lilly.
- Representing Unilin in patent infringement and validity litigation against Innovations4Flooring (I4F) in relation to floor panel systems.
- Acting for Nutrition Sciences in patent enforcement proceedings against NOBA, as well as defending Nutrition Sciences in a counterclaim on the grounds of invalidity by NOBA.
Bird & Bird's IP and patents practice has a reputation for providing multi-jurisdictional litigation and strategic IP advice. Its experience spans sectors such as life sciences, electronics, retail and consumer, technology and telecoms sectors. Wouter Pors heads the practice and has extensive Unified Patent Court experience. Clients praise Armand Killan's ability to deliver 'high quality' work quickly. Recent highlights include Killan representing Edwards Lifesciences in patent infringement proceedings against Boston Scientific. Peter van Gemert is also noted.
‘The IP team is really top level and, yet, easy to work with. They are always very much prepared wherever they come. Their case management is excellent‘.
‘Armand Killan (partner)is really the one who overlooks the whole case and takes necessary measures to deliver products in time and at very high quality‘.
‘Peter van Gemert is a brilliant upcoming man‘.
Swiss Pharma International
Sinopharm Weiqida Pharmaceutical Co. Ltd.
Anheuser-Busch InBev/AB InBev
Teva Pharmaceutical Industries
Stichting Katholieke Universiteit (incl. Radboud University and Radboud University Medical Hospital)
- Acting for Nokia in litigating cases concerning standard essential patents and implementation patents against Apple and Samsung.
- Acted for Edwards Lifesciences on several patent actions against Boston Scientific for infringement of patents relating to heart valves and entitlement actions.
- Advising Ablynx in launching patent infringement proceedings concerning its license for developing and marketing camelid monoclonal antibodies.
De Brauw Blackstone Westbroek is experienced in handling multi-jurisdictional patent litigation and representing clients before the Supreme Court and the European Patent Office. The firm has expertise in a range of sectors including biotech and pharmaceutical, technology and telecoms, chemical, and engineering. Key clients include Biogen, KPN, and Sisvel. Practice head Gertjan Kuipers has extensive experience in patent litigation, and also advises on licensing and IP strategies. Kuipers, along with Tobias Cohen Jehoram, is representing KPN in patent infringement litigation. Oscar Lamme left the firm in 2020.
‘The team I work with at De Brauw Blackstone Westbroek are excellent litigators in IP litigation and constantly keep updated on all new case law. They are available to me practically 24/7 and give outstanding advice in IP matters‘.
‘I work with Gertjan Kuipers, who is a stellar IP litigator and stellar strategist. He acts for our company as if he is part of it, part of the family! Our “stuff” matters to him and he makes sure to be constantly updated. I would not replace him with anyone else!‘
‘The Patent Litigation group at De Brauw is first class. The team is responsive, engaged and a pleasure to work with. They have a depth of litigation experience across a range of industry/technology sectors and always have an eye on the client’s ultimate commercial objectives‘.
‘I have worked with Gertjan on a number of matters over a period of over 15 years. He is a pleasure to work with – bright, responsive and commercial. He has an eye for the detail but never loses sight of the bigger picture‘.
Merck Sharpe & Dome
Jacobs Douwe Egberts (JDE)
Eli Lilly & Company
Our Oceans Challenge
- Advising Sisvel International in preliminary relief and injunction proceedings against several parties including Xiaomi concerning standard essential patents.
- Assisted ASML with the acquisition of a large global patent portfolio and intellectual property assets out of the bankrupt estate of the Netherlands-based tech company Mapper.
- Represents Dutch telecom giant KPN in litigation against High Point concerning alleged infringement of telecom patents and FRAND obligations on subsequent patent owners.
Freshfields Bruckhaus Deringer
Hogan Lovells International LLP combines its patent expertise with deep experience of regulatory issues and handles a wide range of patent matters, from litigation to advisory protection work. The firm has a strong presence in the life sciences, chemical, and technology sectors and key clients include Nikon, Merck, AbbVie, and Organik Kimya. Significant highlights include practice head Ruud van der Velden and Bert Oosting representing Nikon in a multi-jurisdictional patent dispute with ASML and Zeiss. Clients describe the team to be 'proactive' and appreciate its 'excellent client service'. Klaas Bisschop is also noted.
‘They are seasoned, excellent lawyers and work very well together in devising strategies that will be appropriate for their jurisdiction and not be harmful in another jurisdiction, keeping in mind that the laws in different jurisdictions may vary somewhat. They are proactive, and are very knowledgeable about the pharmaceutical industry and the science. They have deep teams and work well with scientific experts and seem also to professionally and respectfully interact with the attorneys working for the adverse parties, which is very important to me‘.
‘Probably the strongest IP team in The Netherlands with years of experience, superb minds, excellent client service, and huge courtroom presence‘.
‘Bert Oosting, with whom I have worked for 20 years, is the grand man of Dutch IP litigation. He remains a courtroom legend, intelligent, approachable and creative‘.
‘Klaas Bisschop is widely regarded as one of the very cleverest lawyers working in IP anywhere in the world. He is incredibly creative, able in court, easy to work with and determined to win‘.
‘Ruud van der Velden is really interested in technique and wants to understand the technical details. Well informed about legal procedures. Very pleasant to work with‘.
F. Hoffmann-La Roche
- Representing Nikon in a multi-jurisdictional patent dispute with ASML and Zeiss in Europe in relation to ASML and Zeiss’ immersion lithography machines.
- Represent Eli Lilly in patent infringement proceedings brought against Sandoz and Fresenius Kabi in relation to the product Alimta (pemetrexed).
- Assisting AbbVie with its defense against four patent invalidity actions in the Netherlands.
The Simmons & Simmons patents practice has strong expertise in high-profile litigation and regularly assists multinationals on transactional matters. The firm's client roster includes the likes of HP, ASML, and ArcelorMittal. Bas Berghuis van Woortman leads the team and is representing Serenity in patent infringement proceedings. Also noted is Mattie De Koning, who is representing HP in a string of enforcement proceedings concerning patent infringement, along with Woortman. Clients praise the 'technical background' of key individuals. Oscar Lamme was a new arrival in October 2020.
‘The team combines patent litigation experience with youthful enthusiasm to win their cases‘.
‘Mattie de Koning has a technical background that assists him to dive deeply into the technology and even in non-chemical cases‘.
Netherlands Cancer Institute
- Representing Serenity in the Court of Appeal and at the EPO, in proceedings relating to inventorship and ownership, as well as validity and infringement of patent rights relating to desmopressin.
- Representing HP in a string of enforcement proceedings against a variety of patent infringers in the field of laser printing technology.
- Represented ArcelorMittal against Tata Steel in Supreme Court proceedings in relation to steel coating patents, and subsequently defining the scope of the doctrine of equivalence.
DLA Piper's patent team has strong experience in the biotech, medical devices, oil and gas sectors. It is also well noted for its global network of offices. Key clients include Fresenius Kabi, Smart Technologies Corporation, and Merus. A notable matter highlight includes the representation of Fresenius Kabi in a high-profile patent infringement case against Eli Lilly concerning the generic drug Alimta®. Practice head Paul Reeskamp advised Fresenius Kabi on this matter.
‘The team is known for their work on pharmaceutical and biomedical patent cases. Strategic thought is one their core strengths‘.
‘Paul Reeskamp has command of both the overall strategy and the nitty-gritty details in a case. He can present complex cases in a way that is logically appealing and easy to follow for a court. Associate Marijn van der Wal also handles a fair share of responsibility already in patent matters‘.
‘High level of intellectual horsepower and critical thinking is a strength for this group‘.
‘Johan Renes is a stand out. He is insightful, with a keen sense of what matters in high stakes dispute resolution. He can distill complex fact patterns and law into the essentials and can serve as a good stratgic advisor‘.
Smart Technologies Corporation
Moët & Hennessy c.s.
Barack Obama Foundation
Spin Master Ltd.
- Represented Fresenius Kabi in a high-profile patent infringement case against Eli Lilly concerning the generic drug Alimta®.
- Acting for Canadian company Smart Technologies in a patent infringement case against Dutch company CTouch.
- Represented Merus before the District Court in court proceedings and in numerous opposition proceedings against Regeneron.
Vondst Advocaten N.V
Vondst Advocaten N.V is a boutique law firm that solely focuses on contentious and non-contentious intellectual property, technology, pharmaceuticals and life sciences. Patent litigation is a key practice area for the firm. A matter highlight includes assisted Sandoz with invalidity proceedings involving three formulation patents of fulvestrant under AstraZeneca. Co-founder of the firm Otto Swens was involved in this matter. Ricardo Dijkstra and Arvid van Oorschot head the practice along with Swens.
- Advised Teva on invalidity proceedings and preliminary injunction proceedings concerning ICOS Corporation’s blockbuster medicinal product Cialis®.
- Assisted Sandoz with invalidity proceedings involving three formulation patents of fulvestrant under AstraZeneca.
- Advised Tomra Sorting Limited in patent infringement proceedings concerning steam peeling technology.
Houthoff frequently handles high-profile cases for leading industry names, including representing Fresenius Kabi in Supreme Court patent proceedings against Eli Lilly concerning the client’s pemetrexed product. Thijs van Aerde advised Fresenius Kabi on this matter and clients praise Aerde's expertise in Supreme Court litigation. Fleur Tuinzing-Westerhuis is also noted for her patent litigation knowledge and 'eye for detail'. Thomas de Weerd leads the practice.
‘Thijs van Aerde stands out as a Supreme Court lawyer in patent litigation matters. He is very creative and gets to grips quickly where complex subject-matter is concerned‘.
‘The team at Houthoff provides a high quality corporate faced patent litigation services. Houthoff has a long tradition in litigation and this shows – also in the patent field. Supreme court litigation is combined with litigation and non-contentious work in first instance and the level is very consistent. They deliver their services to high tech companies, and in the life sciences field and it surprises me that they are not more visible in the market‘.
‘Although I know of several individuals having a good profile at Houthoff, I have personally only interacted with counsel Fleur Tuinzing. Fleur has vast experience in non-contentious and contentious IP matters including patent litigation and one can tell this when she handles a case. Her eye for detail is phenominal yet she knows exactly where the opportunities are to negotiate in real world commercial settings‘.
- Representing Fresenius Kabi in Supreme Court patent proceedings against Eli Lilly concerning the client’s pemetrexed product.
- Represented Enza Zaden in a leading case concerning plant variety infringement.
- Represented Innovet in patent litigation proceedings against JP Russell.
NautaDutilh's patent litigation expertise includes cases before the Supreme Court, particularly in the life sciences sector. Key clients include Medac, REV'IT! and Heraeus. Practice head Anne Marie Verschuur has significant experience in both litigation and advisory matters.
- Representing medical technology group Heraeus in its global litigation against Biomet Zimmer concerning trade secrets.
Taylor Wessing handles complex patent proceedings within the life sciences, electronics, and mechanics industries. Wim Maas and Judith Krens jointly lead the patents practice. Maas undertakes work in a broad range of areas - he is representing Asus in multi-jurisdictional telecom patent litigation against Philips. Krens specialises in life sciences and is representing Pfizer in four high-profile cases against Roche relating to the biologic/biosimilar bevacizumab.
Asustek Computer Inc
- Representing Pfizer in pharma patent litigation against Roche with respect to a number of Roche’s second generation patents and patent applications relating to bevacizumab.
- Acting for Asus in patent litigation against Philips regarding standard essential patents concerning UMTS-LTE technology.
- Assisted VSY Biotechnology with appeal proceedings in a patent infringement case regarding intraocular lenses.