JUVE Comment

This Munich-based patent attorney outfit combines in-depth expertise in patent litigation for clients from the pharmaceutical, biotech, and chemical sectors with comprehensive prosecution work across a broad technical spectrum, including computer technolgies and mechanical engineering. The firm also maintains close relationships with Asian clients such as CATL and Oppo.

But it is best known for its regular litigation work for generic drug companies such as Teva/ratiopharm and Sandoz/Hexal. These long-standing relationships ensure that the firm is regularly involved in major pharmaceutical disputes – primarily before national courts and the EPO Boards of Appeal, and still rarely before the UPC. Following instructions from core client Hexal against Biogen over MS drug Tecfidera and against Bayer over thrombosis drug Xarelto, the patent attorneys also represented Teva in an important EPO opposition against Novo Nordisk’s weight-loss drug semaglutide. Commercially also very important is a straw man claim against Eli Lilly’s diabetes and weight-loss drug tirzepatide/Mounjaro. Outside the life sciences sector, patent attorneys in other technical fields are particularly active in EPO proceedings, for example representing Leggett & Platt in relation to furniture technology. The ever-increasing volume of patent filings for Nvidia could lead to more litigation work relating to computer chips and AI technology in the future.

However, as long as the pharmaceutical industry remains reluctant to bring cases before the UPC, the litigation activities of Kraus & Lederer’s patent attorneys are primarily confined to national courts and, only in exceptional cases, to the new European patent court.

Strengths

Pharma litigation for generics manufacturers.

Recommended individuals

Michael Best, Marco Fachini, Stephan Teipel (all patent attorneys)

Team

30 patent attorneys

Clients

Litigation: Hexal against Biogen over MS drug Tecfidera; Hexal against Bayer over anticoagulant rivaroxaban/Xarelto; Rhodia/Solvay against Neo in revocation suit regarding catalytic converters; Ratiopharm against Merz over MS drug fampridine/Fampyra;

Duksan against Lenovo/Motorola and Jilin over OLED materials; Solvay against We Soda over natrium bicarbonates. EPO oppositions: Teva against Novo Nordisk regarding diabetes and weight-loss drug semaglutide/Ozempic; Teva against Boehringer Ingelheim regarding diabetes drug empagliflozin/Jardiance; Teva against Eisai and Merck regarding cancer drug lenvatinib/Lenvima; Sandoz/Hexal against BMS regarding anticoagulant apixaban/Eliquis; Sandoz/Hexal against Madrigal regarding MASH drug resmetirom/Rezdiffra; DSM Nutritional Products against EirGen Pharma over chronic kidney disease Rayaldee; Leggett & Platt against Ikea/Starspring over furniture technology.