JUVE Comment

With its traditional setup, the patent litigation team at this international full-service firm is strongly positioned in the Dutch market. Simmons & Simmons is very visible in pharma disputes on the side of originator manufacturers and, in this sector, draws a large number of top-level instructions from the network of the well-oiled European patent team. The team advised major sector players such as Gilead, Bayer and Samsung Bioepis in partnership with the London and Düsseldorf teams. In proceedings involving electronic mobile communication patents,Bas Berghuis van Woortman has established a stand-alone practice with a very solid relationship with Samsung in recent years. The team is also active in two high-profile cases in mobile communication technology for Xiaomi and Assia. Thanks to Bas Berghuis’ outstanding reputation, the Amsterdam team is even better positioned in this sector than the teams in London and Düsseldorf. It works in cooperation with the patent attorneys in London above all for electronic and mobile communication patents. Behind Berghuis, Mattie de Koning has been maturing into one of the best-known young litigators in the Dutch patent scene for some years. This gives the team the freedom to conduct litigation within a broad spectrum of sectors beyond the two specialties, including floorings, medical products and printer and steel technology.

Strengths

Patent disputes regarding mobile communications and electronics, as well as pharmaceutical and biosimilar drugs.

European strategy

The firm is already prepared for cross-border disputes all over Europe, especially when it comes to pharma patents. The London-Amsterdam axis is particularly strong. It is well known for its work regarding mobile communications. On the other hand both offices work closely together with the Düsseldorf team in pharmaceutical disputes. Simmons & Simmons has also strengthened its position in Paris and Milan in recent years. But there are some gaps in the continental practice. The loss of a partner in Munich in 2018 and in Düsseldorf in 2020 does mean that the German team is currently the Achilles’ heel of the European practice. The losses in Germany were a setback for Simmons & Simmons’ continent-wide growth strategy with a focus on life sciences, electronics and financial services.

Recommended individuals

Bas Berghuis van Woortman (“very good, our first choice for our Dutch cases”, client; “very experienced litigator”, competitor), Mattie de Koning (“young, talented and already has a good name in the Dutch market”, competitor)

Team

2 partners, 1 counsel, 3 associates, 1 of counsel (two of them qualified patent attorneys)

Specialties

General IP practice with a strong focus on patent litigation, including cross-border coordination of disputes, entitlement actions and SEPs. Strategic portfolio advice, FTO analysis, transactions and licence agreements.

Clients

Litigation: Xiaomi (defendant) against Fractus over technology for antennas in mobile devices; Assia (claimant) against KPN and Nokia over DSL technology (co-counsel with Dentons); Hewlett Packard (claimant) against various infringers over laser printing technology; Samsung Electronics (defendant) against DTS over mobile payment and security technology; Mahltig (claimant) against Intel regarding infringement and validity of patents for chipsets and processors; ArcelorMittal (defendant) against Tata Steel against over coated steel; Gilead (claimant) against Dutch patent office regarding refusal to grant an SPC for drug Truvada; Serenity Pharma (defendant) against Ferring in patent and entitlement claims over Desmopressin; Samsung Bioepsis (defendant) against Abbvie concerning biosimilar Humira; frequent litigation for Bayer Healthcare (both public knowledge). Advice: Samsung regarding patent portfolio assessments; Cardprotector regarding FTO analysis and patent portfolio assessments.