JUVE Comment

The patent litigation team of this national full-service firm is well positioned in the Dutch patent market and well known for pharmaceutical disputes. When it comes to litigation, Jaap Bremer and Marleen van den Horst mainly represent generic drugs companies such as Stada, Teva and Insud, to which the team has long-standing ties. But both partners do advisory work for originator manufacturers as well. Long-standing relationships with clients such as Interdigital or Rollepall shape work outside the life sciences sector. The team frequently benefits from a sturdy network of international firms, which frequently call on it for the Dutch parts of European disputes. The team is developing at a very steady pace in terms of size. But, compared to market leaders such as Hoyng ROKH Monégier and patent teams at other Dutch national firms like De Brauw, it remains small. Patent teams in national full-service firms are traditionally somewhat limited in their growth and the development of additional partners. A certain degree of growth is necessary, however, if the firm is to capitalise more on the rise in mobile communication suits before the Dutch courts. These require a certain team size if BarentsKrans wants to handle several complex cases in parallel. Currently the BarentsKrans team is seen less in mobile communication cases than many other Dutch firms.

Strengths

Strong focus on litigation regarding pharma patents, especially for generic drugs companies.

European strategy

The team has its own international network. But like all patent teams in national full-service firms, the BarentsKrans team will have to coordinate with the firm as a whole if it wants to enter into more exclusive cooperations with other European teams for cross-border cases. Since the UPC launch has become very uncertain, more exclusive ties to other firms seem less urgent than before, but selected partnerships with patent teams in key jurisdictions could help both parties get in position for cross-border instructions. The BarentsKrans team might be attractive, for example, for German and UK firms with a strong life sciences focus.

Recommended individuals

Jaap Bremer, Marleen van den Horst (“both very strong patent litigators, especially in the field of life sciences”, competitor)

Team

2 partners, 4 associates

Specialties

IP advice with a strong focus on patent litigation and life science patents. Arbitration, entitlement actions, licences, R&D agreements and transactions.

Clients

Litigation: Mylan (defendant) against Eli Lilly/Icos over erectile dysfunction drug tadalafil; Unilin (defendant) against I4F in revocation case over flooring technology; Nutrition Sciences (claimant) against NOBA regarding enforcement and revocation of a patent for fatty acids in livestock feed; Rollepaal in arbitration action against former joint venture partner over contractual issues and entitlement of patents over tubing technology; Stada and Teva (defendants) against MSD before Dutch Supreme Court regarding SPC for combined drug for ezetimibe and simvastatin; frequent litigation for Interdigital and Insud Pharma. Advice: Neokidney Foundation regarding strategic portfolio management and licence agreements for a portable artificial kidney.