Dutch patent courts are closely guided by EPO case law and tend to follow standard EPO case law. They will also take into account judgments of other jurisdictions relating to the same or related patents (members of the same family or on a similar subject matter) and may comment on these decisions in their judgment (for example, explain why their decision differs from a foreign decision). Particular importance is often attached to the decisions of German and British courts. “With little background information and knowledge of our business, this team was able to provide accurate, high-quality advice. With the help of this team, we were able to make strategic decisions that were not limited, but reinforced by legal advice. “Wim Maas is an excellent partner for its clients when it comes to patent litigation advice in the Netherlands and Belgium. He offers realistic and practical advice on strategy that is well suited to his clients` objectives. The specialist law firm Vondst Advocaten N.V. focuses exclusively on contentious and non-contentious intellectual property, particularly in the pharmaceutical, life sciences and information technology 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 growing areas of practice. Otto Swens litigates in national and international patent cases as well as in consulting activities such as license negotiation, technology transactions and R&D cooperation. Ricardo Dijkstra and Arvid Van Oorschot also have extensive practice in patent litigation. An extensive team of partners includes Tjerk Sigterman and Carly Van Der Beek, both of whom are in the process of establishing a patent litigation practice. If the court finds that a product or process infringes a valid patent, it usually issues an injunction. However, particularly in standard-essential patent cases, the application of a valid and infringing patent may be found to violate competition law, which may be grounds for rejection of the claimed order. “The BarentsKrans team demonstrates an excellent combination of a competent and experienced team and in-depth knowledge of the pharmaceutical patent litigation field.” “Simply the best practice in patent litigation in the Netherlands and one of the best in Europe.” Alternatively, damages can also be calculated on the basis of fictitious license fees. As a general rule, infringement and liability for damages are established in the course of a patent infringement proceeding, but not the amount of damage determined in a separate damages calculation procedure. “Koen Bijvank – one of Europe`s smartest patent attorneys.
Jan Pot – a star of the future. “Highly experienced in pharmaceutical patent litigation, respected, pragmatic and creative in legal matters, knows the industry very well, clear advice. To obtain an injunction, the patent owner must argue that there is an “urgent interest.” An ongoing offence usually provides the judge with a sufficient basis to accept an urgent interest. However, a period of approximately six months or more after the first knowledge of the infringement in the execution, for which no valid explanation is given, may lead to a finding of lack of urgency. “De Brauw`s patent litigation team is the best. They are highly experienced litigators who have a good sense of strategy. In addition to its technical expertise, CMS is also appreciated by customers for its collaborative approach. It can provide its well-known clients with multi-practice expertise as well as cross-border capabilities through its global network. She is characterized by managing digital transformation projects in the telecommunications and media sectors as well as her work in the life sciences and financial services sectors. He is a member of the Dutch Artificial Intelligence Coalition and the Dutch Blockchain Coalition and participates in numerous AI projects, many of which provide some of the company`s customer services. Rogier de Vrey`s experience ranges from international patent advice and litigation to trademarks, competition law and trade secrets in the media and life sciences fields. Managing Partner Willem Hoorneman is highly regarded for patents and is also a WIPO arbitrator.
Marcoline van der Dussen and his partner Yasar Celebi are other members of the core team. “Maarten Schut is able to adapt his knowledge appropriately to unexplored areas and fully secure the legal perspective, while contextualizing business requirements and advising the client on the various options while explaining the risks.” The court may issue a declaration of non-infringement in the context of a final legal protection procedure. It is possible to obtain a declaration showing that a particular product was already known to the prior art or that it is a non-inventive variant thereof at the priority or filing date of a patent (“pillar statement”). There are no special rules of procedure. “A relatively young team” at Bird & Bird has the advantage of being part of the firm`s global network and therefore easily managing international work. She advises domestic and international clients in industries as diverse as pharmaceuticals, consumer goods, financial services and aviation. Much of his work consists of high-profile patent litigation for well-known clients. The company continues its cooperation with YES! Delft (an acceleration program for tech and other start-ups). It is committed to diversity and inclusion – one such initiative is the Global Women`s Development Programme and is also known to clients for its “moderate billing”. Wouter Pors has such a reference that he is closely involved in the preparation of the Unified Patent Court and is particularly familiar with biotechnology.
Armand Killan supports international clients as European lead counsel coordinator for cross-border patent litigation and Marc Van Wijngaarden is recognised for his expertise in life sciences. Peter Van Gemert and Kian Hsia are two of Associates` top-rated lawyers and the team has grown even stronger since Tjibbe Douma, partner, joined Dentons in early 2021. Thomas de Weerd heads Houthoff`s practice, which is known for its expertise in Supreme Court litigation, often with respect to pharmaceutical, biotechnological, technological and chemical patents. His consulting work covers the patent law aspects of mergers and also advises medical start-ups on patent matters. It is the leading law firm in the niche field of plant variety protection – an area in which Fleur Tuinzing-Westerhuis is an expert. His experience includes litigation relating to national and Community plant variety rights and broader agricultural and food matters. Thijs van Aerde is known for his litigation before the Supreme Court. The use of the procedural history by the patent proprietor to defend a favourable interpretation of the claim is permitted only in exceptional circumstances so as not to undermine legal certainty for third parties. Yes, see our answer to question 1. No authorization is required for patent decisions. Simmons & Simmons offers all intellectual property expertise, from licensing and financing transactions to patent litigation.
Particular emphasis is placed on the fields of high technology and life sciences. In addition, it has an extensive international network in Asia, Europe and the Middle East. The Asia Law Enforcement Team is led by Dr. George Chan. Team leader Bas Berghuis Van Woortman serves large clients in the technology, electronics and life sciences sectors, while Oscar Lamme (who joined De Brauw Blackstone Westbroek) is known for his expertise in intellectual property litigation. The team has grown even stronger since joining Johan Renes (from DLA in May 2021), who has extensive experience in patent filing, transactions and litigation. He handles international patent litigation before various courts and is experienced in the areas of small molecules, proteins and medical devices. Sébastien Versaevel has experience in the technical aspects of litigation and is also a European patent attorney.
“Mr. Gerritzen has exceptional experience in intellectual property litigation and is a leading authority on fair, reasonable and non-discriminatory (FRAND) and reasonable and non-discriminatory (RAND) royalties for standards essential patents (SSP). He and his world-class team are recognized experts in handling high-stakes litigation for clients in a variety of industries. “KVDL`s lawyers are true legal and judicial experts who have the added benefit of being very pragmatic. They provide effective, business-oriented advice and strategies and are perfectly tailored to their interlocutors: concise and pragmatic for operational clients and legally informed experts before courts and offices. “The patent litigation team led by Gertjan Kuipers is of very high quality. The team is diverse, also in terms of nationalities, and attracts international clients who (usually) travel to larger forums for litigation (Germany, UK).