JUVE Comment

The French IP team of this international full-service firm is traditionally well positioned in pharma litigation and IP advice for generic drug manufacturers. Emmanuel Gougé’s team was especially visible in work for regular client Accord, which was represented in a battle against Sanofi over a prostate cancer treatment – one of the few cases over second medical use patents in France, which could further boost the practice’s visibility. Pinsent Masons also successfully grew its client base in life sciences, as well as winning over a pharma innovator with its expertise in SPC litigation. The French practice is very active in other sectors, automotive and IT in particular. Alongside French SMEs, a variety of German companies rely on the French team. These come via cross-referrals from the German practice or through Gougé’s direct contacts to German companies. Pinsent Masons stepped up cross-border cooperation overall, especially with the UK, both in terms of client work and cross-referrals. In addition to litigation, the Paris practice advises on patent strategy, licensing and increasingly on the protection of trade secrets and employee invention rights.

Strengths

Litigation in automotive, energy and technology.

European set-up

Pinsent Masons’ endeavours of recent years to increase pan-European cooperation are bearing their first visible fruit. Besides long-standing pharma clients like Accord, other companies from the life sciences and automotive sectors are relying on the team for cross-border cases. The team recently ramped up its headcount in London and opened an office in Amsterdam. In view of the UPC, the Dublin office could become more important for patent litigation. But when it comes to building a fully integrated European patent litigation team, as has long been the norm at competitors like Allen & Overy and Bird & Bird, Pinsent Masons still lags behind. This would require strong teams in the individual jurisdictions. But while the Paris office has already carved out a certain market profile, the Munich team is still struggling to establish itself in the highly competitive German market.

Recommended individuals

Emmanuel Gougé (“very good and concientous lawyer, always tries to find solutions for the client”, competitor)

Team

6 lawyers

Specialties

Focus on patent litigation concerning technology, especially in the automotive, energy and aerospace sectors. Licensing projects, FTO analysis and transactions.

Clients

Litigation: Accord (defendant) against Sanofi over second medical use patent for prostate cancer drug Jevtana; Global Wheel (defendant) against Hutchinson in infringement action including seizure (saisie-contrefaçon) over wheel with improved inflation system; truck and industrial motor manufacturer (defendant) against automotive company over driving-system technologies (settled in 2021); automotive supplier (claimant) against competitor over catalytic depollution technologies; manufacturer of heavy-duty lifting technology (claimant) against competitor over wireless communication system; German aerospace supplier (defendant) against French competitor over structural parts of aeroplane wings; German manufacturer of optical sensors (claimant) against competitor over employee invention law and trade secrets. Advice: Teva and Accord on FTO analysis and market entry of generic drugs manufacturers, France Brevets.