JUVE Comment

The small German patent practice of this international full-service law firm continues to grow, maintaining its strong reputation for life sciences patent litigation. Düsseldorf partner Ina vom Feld is particularly well-known for representing prominent pharmaceutical innovators such as Millennium Pharma. She recently acted for Chinese company Take2 Technologies in preliminary injunction proceedings regarding gene sequencing systems.

This work marks a shift in the firm’s advice to Asian companies. Herbert Smith Freehills strengthened this segment through its merger with US law firm Kramer Levin in summer 2025, and the patent team is now building additional business from the US and Asia. Companies from these regions are showing increased interest in Europe due to the UPC.

A second significant development for the European patent team was the arrival of Florian Schmidt-Bogatzky from EIP in Düsseldorf. The new partner brings valuable experience in mobile communications and semiconductor disputes, along with connections to Sonos and Broadcom. These technical sectors represent new territory for the German team, broadening its offering beyond life sciences. The practice has already expanded its presence outside its traditional focus over the past two years, securing instructions from prominent automotive suppliers CATL and Johnson Matthey.

European set-up

Herbert Smith Freehills Kramer coordinates cross-border disputes primarily from London, particularly in the pharmaceutical sector. Work for Biogen and Millennium Pharmaceuticals stands out. Most pharmaceutical originator work involves European-level coordination, with the London-based team either collaborating with external litigation firms or the firm’s own teams in Düsseldorf, Milan or Paris.

This approach extended to French originator Sanofi, for whom the Herbert Smith Freehills Kramer team launched the first major originator-generics dispute at the UPC concerning the prostate cancer drug cabazitaxel/Jevtana. However, Paris partner Frédéric Chevallier, who led the case, moved to McDermott Will & Emery in summer 2025, taking this important UPC client with him. This represented a significant setback for the firm’s UPC ambitions, where it had already made a slower start compared to rivals such as Hogan Lovells or Simmons & Simmons.

On a more positive note, collaboration between the Düsseldorf and London practices secured a case for Games Global and MT RealTime concerning online gaming software, which also involves EPO proceedings. The addition of Schmidt-Bogatzky brings fresh opportunities for UPC litigation. His regular client Broadcom has previously shown willingness to pursue UPC lawsuits, filing actions against Tesla and Realtek over semiconductors. Both cases have since settled.

Strengths

Litigation in the life sciences sector and regarding SEP and FRAND.

Recommended individuals

Ina vom Feld, Florian Schmidt-Bogatzky (“creative, dedicated, and hardworking, exceptional client management”, client)

Team

6 lawyers

Partner moves

Florian Schmidt-Bogatzky (from EIP)

Clients

Litigation: Broadcom/Avago against Netflix over video coding patents; CATL against MU Ionic over battery technology (settled 2025); Millennium Pharmaceuticals against Betapharm, Hikma, Ratiopharm and Zentiva/Synthon over damages for sales of generic versions of bortezomib; SD BioSensor against Qiagen over tuberculosis test procedure; Take2 Technologies against Pacific Biosciences over PIs regarding a gene sequencing system; ThreoTech against various copycats over magnesium L-threonate products; frequent litigation and advice for Dyson, Johnson Matthey and Sonos. Advice: Chugai Pharmaceutical, Hoffmann La Roche, Foundation Medicine and Ironwood Pharmaceuticals on FTO analyses, Acuitas Therapeutics and Sonos regarding licences.