JUVE Comment

This market-leading Dutch IP boutique maintains a stronger presence in national patent cases than most competitors. This stems from its deep involvement in pharmaceutical and biotech disputes, which are more frequently litigated before national courts than at the UPC. Regular instructions come from generic and biosimilar drug manufacturers such as Sandoz and Accord. However, notable new instructions have recently arrived from Halozyme regarding cancer drug Keytruda and Novo Nordisk concerning semaglutide. Partner Daan de Lange also persuaded Moderna — traditionally a core client of Freshfields — to instruct a Brinkhof team for the appeal in the mRNA dispute with Pfizer.

This is no coincidence, as the firm is involved in several UPC proceedings concerning mRNA patents on behalf of Arbutus and Genevant. Having made a strong start at the UPC in collaboration with its international partner Vossius, UPC cases now account for the majority of the firm’s work. This shift is also reflected in the patent team’s second core area of expertise: SEP cases. Whilst the firm continues to represent HighPoint and OPPO/VerifyIP against KPN in the Dutch national courts, most cases in this segment have now moved to the UPC.

With Koen Bijvank, the firm has a dual-qualified lawyer and patent attorney who plays a key role in EPO proceedings concerning CRISPR-Cas technology. Patent holders and innovators in the pharmaceutical and biotech sectors such as Amgen, Arbutus, Heineken and Novo Nordisk place their trust in him. Around Bijvank, Brinkhof is steadily building a small team of patent attorneys specialising in EPO opposition proceedings, recently welcoming a patent attorney from EP&C. On the other hand, Brinkhof recently saw the departure of partner Jan Pot, who had been steering his practice more towards general commercial litigation. Additionally, an experienced senior associate left for Winston Taylor. With partners such as de Lange, Bijvank, Mark Van Gardingen and Rien Broekstra, plus counsel Alexander de Leeuw and Rik Lambers, Brinkhof remains exceptionally well positioned for both national patent litigation and UPC cases. However, the partners must monitor their senior associate ranks, which appear increasingly attractive to competitors pursuing their own growth ambitions.

Strengths

Patent litigation with a mixed approach concerning mobile communications, pharma and biotech.

Recommended individuals

Koen Bijvank (“safe pair of hands when supporting us in litigation, and excellent before the EPO”, “brilliant court room attorney”, competitors; also qualified as patent attorney; pharma and biotech), Rien Broekstra, Richard Ebbink, Rik Lambers, Daan de Lange (“excellent performance in the court room”, client; “top-tier Dutch patent litigator”, competitor), Alexander de Leeuw (“belongs to the next generation of strong litigators at Brinkhof”, competitor), Mark Van Gardingen (“he is the leading Dutch senior litigator”, “stands out”, competitors)

Team

18 lawyers (of whom two are dual-qualified), 2 patent attorneys

Partner moves

Jan Pot (to Osborne Clark)

Clients

Litigation: HighPoint against KPN and Nokia regarding UMTS standards; OPPO/VerifyIP against KPN in nullity case over SEP; Halozyme against Merck Sharpe Dohme over cancer drug Keytruda; Novo Nordisk against Ceban in PI proceedings over semaglutide; Sandoz against Bayer in nullity case over rivaroxaban/Xarelto; Celltrion against Roche in nullity cases over subcutaneous formulations of trastuzumab/Herceptin; Synthon against Novartis in invalidity proceedings over valsartan/Entresto; Moderna against Pfizer in appeal proceedings over RNA vaccines; Amsterdam University Medical Centre against Curevac and BioNTech in entitlement proceedings over mRNA-related cancer vaccines; Liftra against LiftWerx-LiftOff regarding main shaft fixture for wind turbines; Ox Barrier against De Koffiejongens in PI proceedings over coffee capsules. EPO oppositions for Amgen, Arbutus, Heineken and Novo Nordisk; The Broad Institute in EPO proceedings concerning CRISPR-Cas.