JUVE Comment

Michael Best’s team has a good name in the market for opposition suits at the EPO as well as nullity and infringement cases in connection with pharma, biotech and chemicals patents. Regular clients including Hexal, Ratiopharm and Teva frequently put their faith in the Munich patent attorney boutique. The latter hired the firm for the lucrative opposition proceedings against Bristol-Myers Squibb concerning the drug apixaban.

Working with external lawyers, the patent attorneys litigate for regular clients in infringement proceedings, for example for Ratiopharm/Teva against Bayer regarding Nexavar in cooperation with Bird & Bird. When it comes to filing and oppositions, the firm boasts a loyal client base in Germany, the US and Japan. The team is sturdy following recent reinforcement.

Strengths

Pharma, biotech and chemistry patents. Pharma litigation for generics manufacturers.

European set-up

The national patent attorney firm is solidly placed for UPC disputes in life sciences thanks to its experience in pharma lawsuits. The team is already involved in the German actions in pan-European battles, most recently for Teva/Ratiopharm against Bayer over Nexavar. This makes the firm an attractive cooperation partner for similar firms from other European jurisdictions, also thanks to its specialty in chemistry and pharmaceutical patents – particularly for firms that specialise in advising generics manufacturers and have no interest in establishing their own prosecution practice in Germany.

Recommended individuals

Günter Keller (“very good expertise in biotech, experienced litigator”, competitor), Michael Best (“excellent knowledge in technology and litigation tactics”, “very effective and cooperative”, competitors)

Team

8 patent attorneys

Specialties

Prosecution and litigation for generics manufacturers.

Clients

Litigation: Ratiopharm/Teva (defendants) against Bayer regarding Nexavar; Teva (claimant) against Biogen in revocation over fampridin; Hexal (opponent) against BMS in EPO oppositions over apixaban; Hexal (claimant) against Eli Lilly in revocation over cancer drug pemetrexed (settled 2021); Hexal (claimant) against Bayer in EPO opposition over anticoagulant Xarelto; Ratiopharm (claimant) against Intermun in revocation suit/EPO opposition over medication for idiopathic pulmonary fibrosis Pirfenidone; Teva (claimant) against Bayer in revocation suit/EPO opposition over cancer drug sorafenib; Solvay (claimant) against Neo in revocation suit over catalytic converters (all public knowledge). Prosecution: filing and oppositions for Cooper Standard, Dr. Falk Pharma, Eastman Chemical Company, Hain Lifescience, Hetero, Microgen, Solvay, Tillotts Pharma, Westlake Longview, the universities of Freiburg, Würzburg, Tokyo and Kyushu; EPO oppositions for Stada.