JUVE Comment

This compact Hamburg-based firm’s patent attorneys specialise in pharmaceutical and biotech patent litigation, conducting only limited filing work.

Hamm & Wittkopp has established itself as a key player in representing generic drug companies in patent disputes. The team, led by Alexander Wittkopp and Malte von Seebach, regularly provides comprehensive representation for long-standing clients such as Stada, Aliud and Mylan in classic disputes between generics manufacturers and originators. The team’s particular strength lies in its extensive experience and proven track record in EPO oppositions, where its lawyers frequently act as straw men representatives. A recent highlight saw the firm representing Stada against Sanofi concerning the cancer drug cabazitaxel, both at the EPO and now at the UPC.

European set-up

The team brings substantial experience in pharmaceutical litigation and frequently handles cases with a cross-border dimension, such as the series of lawsuits concerning fingolimod and rivaroxaban. It follows naturally that the team now appears in UPC proceedings for Stada against Sanofi regarding cabazitaxel. These proceedings are being conducted in long-standing cooperation with lawyers from the newly established firm Bonabry.

This case demonstrates that regular clients continue to rely on experienced patent attorney litigation specialists in UPC proceedings. Should more pharma disputes between originator companies and generics manufacturers move to the UPC, the team is well positioned to increase its presence there. The team’s extensive EPO opposition experience and clear positioning for generics manufacturers particularly distinguishes it from competitors in larger practices.

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 (settled 2024); Stada against Merz Pharma over Velcade/bortezomib; Stada against Symrise over UV protection; Alfred E. Tiefenbacher against Newron over salfinamide. EPO oppositions: Synthon and Alvogen against Yeda/Teva over MS drug Copaxone/glatiramer acetate; Heumann Pharma and Vivanta against Novartis over MS drug Gilenya/fingolimod; Alfred E. Tiefenbacher against Sandoz over Adenuric/febuxostat, Synthon against Teva over lenvatinib-mesylate.