JUVE Comment

With an impressive track record in pharma litigation, this IP boutique enjoys a strong position in the French market. Name partner and founder Denis Schertenleib, whom a competitor describes as “an essential figure in pharma litigation in France”, also boasts a background in biotechnology that he brings into play for his pharma clients. The team nurtures strong, long-established ties to generics manufacturers like Sandoz and Zentiva. Schertenleib has been especially active of late in numerous cases for Viatris (formerly Mylan), for which the IP boutique conducts almost all French patent litigation involving the company’s most important drugs.

Schertenleib was also able to build on the experience it gained in FRAND litigation when the firm represented TCL two years ago, landing a standard-setting organisation as a new client for SEP advice. In recent years, the IP boutique has grown its team substantially and invested in home-grown talent. It recently appointed a counsel. One sustainable step now is to extend the market’s perception away from name partner Denis Schertenleib to other lawyers.

Strengths

In-depth knowledge of the pharmaceuticals market, in particular generic drugs.

European set-up

Generics manufacturers have relied on the firm for the French part of their pan-European cases for years. Here, the internationally experienced team works flexibly with firms from other jurisdictions, primarily the UK, but also Germany and the Netherlands. An example for this is the work for Viatris in a battle against Novartis regarding fingolimod. The team is not looking for an exclusive partnership following the Vossius-Brinkhof or Amar EIP model, preferring to remain – like many national IP boutiques – independent for the time being. But this means Schertenleib will have to compete with others for a small pool of potential partners, especially in the Netherlands and UK. In Germany there are still a few attractive candidates among equally strong IP boutiques.

Recommended individuals

Denis Schertenleib (“excellent strategic skills”, competitor)

Team

6 lawyers

Specialties

Specialists for patent litigation in all technical fields.

Clients

Litigation: Viatris (defendant) against Novartis over fingolimod/Gilenya; Viatris (defendant) against Biogen over Tecfidera; Viatris and Sandoz (both defendants) against MSD over SPC for cholesterol-lowering drug ezetimibe and simvastatin/Inegy; Viatris, Sandoz and Zentiva (defendants) against Bayer over sorafenib/Nexavar; Sandoz (defendant) against Bayer over thrombosis drug rivaroxaban/Xarelto; Fil-Med and Filorga (defendants) against Teoxane over injectable hyaluronic acid; Mondi (co-defendants) against Aplix over laminates for diapers; Zentiva (defendant) against Novartis over cancer drug everolimus/Afinitor.