JUVE Comment

With an unusually strong presence for its size in life sciences patent litigation the French IP boutique is going from strength to strength. In just a few years, the team led by name partner Denis Schertenleib has grown into a powerhouse for high-profile pharma cases on the side of generic drug companies. With their vast experience, the litigators are called on by Viatris, Sandoz and Zentiva for numerous suits against originators and have won over additional generics companies, such as Neuraxpharm and Polpharma. The team often brings its regulatory expertise into play, for instance when it comes to market approval for generic drugs.

Schertenleib also succeeded in widening its client base in other sectors, among them medical devices, chemical products and consumer goods. In spite of work for TCL, which also encompassed FRAND matters, the team has been unable to gain a footing in the mobile communications sector so far.

In recent years, the IP boutique has grown its team substantially and invested in home-grown talent. Slowly, some younger lawyers are stepping out of the shadow of the name partner and gaining market visibility. In contrast to August Debouzy, the small boutique does not pursue a mixed approach with patent attorneys or dual-qualified lawyers, but Schertenleib, who, as well as being admitted to the bar has a degree in molecular biology, supports his associates in acquiring additional technical qualifications, especially in biology and chemistry.

Strengths

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

European set-up

Thanks to its work for generics manufacturers in a whole host of pan-European disputes, Schertenleib boasts a treasure trove of experience in international patent battles. The French IP boutique often partners with firms from other jurisdictions, especially the UK, but also Germany and the Netherlands. The first-rate connections to British firm HGF have led to the firm’s first UPC case, where the two teams, with Schertenleib at the helm, are representing UK-based sub-sea technology specialist C-Kore in a suit against French company Novawell at the Paris local division.

Because the originators of many important patents have opted out of the UPC, cases for Schertenleib’s core client base of generic companies are not likely to arrive until later on. With this in mind, the experience that the team is currently gaining in national medical devices disputes is valuable, as companies from this industry are already very active at the UPC.

Recommended individuals

Denis Schertenleib (“highly visible in high-profile cases”, “highly regarded in pharma”, competitors)

Team

7 lawyers

Specialties

Patent litigation across all technical fields.

Clients

Litigation: ReCor Medical and Otsuka Medical (both defendants) in a nullity claim against Medtronic over ultrasound renal neuromodulation device; Polpharma, Viatris and Sandoz (defendants) against Biogen over market access of generic drug companies for Tecfidera; Neuraxpharm and Viatris (both defendants) against Biogen over Tecfidera; Viatris (defendant) against Novartis over fingolimod/Gilenya; Viatris (defendant) against Sanofi over injection pen; Viatris, Sandoz and Zentiva (defendants) against Bayer over sorafenib/Nexavar; Viatris and Sandoz (both defendants) against MSD over SPC for cholesterol-lowering drug ezetimibe and simvastatin/Inegy; Sandoz (defendant) against Bayer over thrombosis drug rivaroxaban/Xarelto; Zentiva (defendant) against Novartis over cancer drug everolimus/Afinitor; Sodel (defendant) against Laboratoires Anios over hygiene disinfectant products; Fillmed and Filorga (defendants) against Teoxane over injectable hyaluronic acid; TCL (defendant) against ETSI over judicial fees from patent dispute against Philips. UPC: C-Kore (claimant) against Novawell over sub-sea cable monitors.