JUVE Comment

The French patent litigation practice of this international firm stands out for its highly respected team of partners boasting a wealth of experience in complex pan-European litigation. Laëtitia Bénard is one of the foremost litigators in France for life sciences. She represents innovative pharma companies Novartis, Bayer and MSD when they need to defend their blockbusters from generic drugs entering the market. For MSD she won an important confirmation of a PI at the Court of Appeal at the beginning of the year. This caused a stir in the market as it was so rare.

David Por is Allen & Overy’s face in France for telecoms cases. Although only a few actions are currently being brought in Paris in this technical field, he can point to some first-rate references, with rulings for Google and Nokia.

In recent years the practice has built up a third partner in the shape of Charles Tuffreau. He enjoys a stellar reputation for life sciences litigation. The team thus has the headcount and visibility for extensive pan-European or UPC litigation.

Strengths

Representation of originator drug manufacturers in pharmaceutical cases. Work for high-profile mobile communication clients. Strong pan-European network.

European set-up

The fully integrated European litigation team with its lawyers in France, Germany, the Netherlands and the UK, combined with its experience in pan-European litigation, is in a strong starting position for UPC cases for major life sciences clients. But these clients are especially choosy and do not always hire a single firm for all jurisdictions in pan-European cases. What this could mean for Allen & Overy’s success at the UPC remains unclear, as its regular clients are watching the new court system closely before entrusting it with their lawsuits.

Even tech clients like Google have been spared from legal action so far. Whether or not Allen & Overy will be able to gain initial experience on the side of companies like Nokia is unclear, as the company works with many different law firms and, in other European offices, Allen & Overy also works for smartphone manufacturers. The German team, for example, works for Samsung, with which Nokia recently signed a new licence agreement.

In the past, Allen & Overy has integrated patent attorneys into its litigation practice, emulating competitors like Bird & Bird. Dual-qualified lawyer Charles Tuffreau can also represent clients before the EPO, which could be of interest to clients as part of an integrated UPC strategy. However, like the teams at Allen & Overy’s other offices, he does not boast the experience of competitors such as August Debouzy.

Recommended individuals

Laëtitia Bénard (“excellent lawyer”, competitor), David Por, (“highly dedicated, multilingual, top for UPC cases”, client), Charles Tuffreau (“easy to work with to make the litigation more efficient”, competitor)

Team

10 lawyers, 2 dual qualified

Specialties

Strong focus on litigation in patents, especially pharma, biotech and telecommunications. Arbitration, transactions and cross-border licensing agreements.

Clients

Litigation: MGI (defendant) against Illumina on DNA sequencing; MSD (claimant) against Viatris on SPC for sitagliptin and metformin/Janumet; MSD (claimant) against Teva over cholesterol drug ezetimibe simvastatin/Inegy (both public knowledge); Novartis (claimant) against Teva, Biogaran, Ethypharm and other generic drug companies over breast cancer drug everolimus/Afinitor (settled in 2023); Novartis (claimant) against Teva on immunomodulator for multiple sclerosis (both public knowledge); Bayer (claimant) against Teva on cancer drug sorafenib/Nexavar; Nokia (claimant) against Oppo/OnePlus over SEPs for mobile communications and FRAND (settled in 2024); Google (co-defendant with Apple) against Ferid Allani over Android operating system; Google (claimant) against Sonos over smart speakers (both public knowledge).