JUVE Comment

The IP team of this international firm is best known for representing regular clients from the life sciences sector in the French components of pan-European patent litigation. One such example is Simmons & Simmons’ work for the Dana Farber Institute against the French Patent Office (INPI) in a dispute over a rejected SPC application. Given the current interest surrounding European SPC regulation, this instruction might increase the firm’s visibility and encourage clients to seek out its expertise. The team’s increased work in litigation for the medical devices sector, such as for Neo Medical, also has potential for further developing the practice’s visibility.

Similarly to competitors Pinsent Masons and Linklaters, Simmons & Simmons is pressing ahead with its strategy of widening its client base in other technologies such as automotive and telecoms. However, while Simmons remains a strong name in the European market, in France it has some work to do before it is truly in a position to challenge the market leaders. This is especially true after partner Marina Cousté recently retired. With potential UPC suits in mind, François Jonquères’ team has the opportunity to step up its cooperation with the large offices in Germany, the Netherlands and the UK.

Strengths

Cross-border litigation in the life sciences sector.

European set-up

With offices at all key UPC locations, Simmons & Simmons does indeed have a good set-up for the UPC, which has already been put to the test in several cases. The firm has been one of the busiest at the new court so far, with several UPC cases in The Hague (for Plant-e), in Munich (for Network System Technologies) and in Milan (for Oerlikon Textile). This applies mainly, however, to the Dutch, German and Italian lawyers, while the UK and Paris teams have tended to advise clients in the background on their UPC strategies.

In major pan-European series of suits before the national courts, Simmons & Simmons has been most visible in pharma cases (e.g. for Bayer over Xarelto), where it is primarily the teams from the Netherlands, the UK and Germany working closely together. In the mobile communications sector, however, the firm does not yet display the same consistency in major international battles. Occasional work for Xiaomi by a German-British team is a good start, but these clients do not regularly turn to Simmons & Simmons in all national cases. Rivals such as Hogan Lovells and Bird & Bird, on the other hand, litigate regularly for their top-level clients in pan-European campaigns over SEP portfolios. Like these, Simmons & Simmons follows a successful mixed approach with patent attorneys in Amsterdam, Munich and London. In Paris, Amsterdam and Munich, the focus is on life sciences patents, whereas in London there is a focus on electronics and mobile communications patents.

The French patent practice remains the least visible within Simmons’ European network. Up to now, cooperation with other European offices has been less pronounced than, for instance, that between the patent teams in London, Munich and Amsterdam. The firm could improve this now for the UPC and integrate the Paris practice more effectively within the network.

Team

5 lawyers

Partner moves

Marina Cousté (retired)

Specialties

Patent litigation in the life sciences sector, especially pharmaceuticals and medical devices. Also telecommunications and other technical fields. Practice for arbitration proceedings and licence agreements.

Clients

Litigation: Merck Millipore (defendant) against patients over Levothyrox drug for treating underactive thyroid; Dana Farber Cancer Institute (claimant) against the French Patent Office (INPI) over SPC applications; Neo Medical (claimant) against Safe Orthopaedics over implants and sterile instruments; Ecoat (defendant) against Arkema over eco-friendly binders for e-coating; United Orthopedic (defendant) against C2F Implants over knee prosthesis.