JUVE Comment

This pure patent attorney firm is primarily known for legal disputes concerning pharmaceutical and biotech patents. The team mainly represents generics manufacturers in high-calibre proceedings before the Federal Patent Court and the EPO. Aliud, Mylan and Stada feature on the regular client list. In addition, the team also advises external lawyers on technical issues relating to infringement proceedings. The practice also often appears as a straw man in EPO oppositions, for example against Amgen concerning thyroid drug cinacalcet.

The patent attorneys at Hamm & Wittkopp focus on litigation and have therefore only a small filing practice. They do, however, often provide clients with strategic advice and portfolio analysis.

European set-up

The team has extensive experience in pharmaceutical litigation and is often involved in proceedings with a cross-border dimension, such as the series of lawsuits concerning fingolimod or rivaroxaban. It is therefore not surprising that the team is now also involved in UPC proceedings alongside Preu Bohlig’s lawyers for Stada against Sanofi concerning the cancer drug cabazitaxel. However, the comparatively small size of the team is likely to make it difficult to appear in several such proceedings at the same time, as the tight deadlines at the new court put a great deal of pressure on the technical advisors. It is therefore necessary to expand the team if the firm wants to play a greater role in representing clients before the UPC.

Strengths

Litigation in opposition and infringement cases for generics manufacturers.

Recommended individuals

Malte von Seebach, Alexander Wittkopp (all patent attorneys)

Team

6 patent attorneys

Clients

Litigation: Betapharm and 089 Pharm against Bayer over Xarelto/rivaroxaban; Stada/Aliud Pharma against Novartis over Afinitor/everolimus; Stada against Accord over Velcade/bortezomib; Stada against Symrise over UV protection; Alfred E. Tiefenbacher against Newron over salfinamide. Oppositions: Synthon and Alvogen against Yeda/Teva over MS drug Copaxone/glatiramer acetate; Heumann Pharma & Vivanta against Novartis over MS drug Gilenya/fingolimod; Alfred E. Tiefenbacher against Sandoz over Adenuric/febuxostat.