JUVE Comment

This patent attorney firm is very active in the Dutch litigation market, especially when it comes to mobile communication patents, be it implementation patents or SEPs. This was clearly demonstrated when Nokia retained the team for the Dutch proceedings against Oppo. NLO is also involved in multiple cases for the Finnish SEP owner, together with lawyers from Bird & Bird.

In Harm van der Heijden and Hans Hutter NLO boasts two of the best-known Dutch patent attorneys in this segment. That the latter recently switched from partner to of counsel status did nothing to harm his visibility. He is still highly active for Nokia in the courtroom, for example.

NLO enjoys an excellent reputation throughout Europe in the electronics field through its prosecution work for Samsung and Baidu. However, the firm needs to win more prosecution clients like these for litigation if it is to catch up to De Vries & Metman, which is always active in more mobile communications cases than NLO. For example, while Samsung looks to other firms for litigation in the Netherlands, there could be potential in the relationship to Xiaomi, which NLO has already represented in Dutch cases that recently ended.

Life science patents are the second mainstay of the firm, and when it comes to pharmaceuticals and biotechnology disputes Mari Korsten is the firm’s figurehead, coming highly praised for his prosecution and litigation work in this area. On the prosecution side, NLO’s best-known life sciences client is Nutricia, a Danone brand division for baby and medical nutrition. But when it comes to litigation, the patent attorneys are mainly active for research-based pharmaceutical manufacturers. They are currently representing a US corporate in a major battle over medical products in Europe.

Like the other large Dutch patent attorney firms AOMB, Arnold & Siedsma and V.O., prosecution work predominates at NLO. Its number of patent attorneys makes NLO one of the largest practices in the Netherlands. With regard to the technological breadth and quality of its clients NLO’s work is also on a par with major patent attorney firms in Germany and the UK.

Strengths

Patent disputes conducted by patent attorneys regarding mobile communications and pharmaceuticals.

European set-up

NLO’s patent attorneys have extensive experience in EPO oppositions, for example for core client Samsung, and are regularly part of the Dutch team litigating for Nokia in cross-border cases, such as against Oppo. Here, as in numerous pharma cases, the firm always works with various external lawyers.

The patent attorneys will continue this practice at the UPC, even though many of them are qualified to litigate before the new court. But initially this will likely only play out in individual nullity actions.

The patent attorney firm has two offices in the Belgian cities of Ghent and Mechelen. Unlike large patent filing practices from the Netherlands and the UK, NLO forgoes an office in Munich, but files many electronics patents at the EPO for Samsung and Baidu.

Its absence from central UPC locations like Munich and Paris could be a disadvantage for NLO in the long term. If it wants to get in position for the new court with its strength in mobile communications patents, it will have to start soon.

Recommended individuals

Harm van der Heijden (digital communication and computer technology, electronics), Hans Hutter (“a safe pair of hands when supporting us in litigation”, competitor about both; digital communication and computer technology, electronics), Mari Korsten (“knows his stuff, he is very knowledgeable on patents in the context of litigation”, “he and his colleagues write good filings, the best I’ve seen on the opposing side”, client; pharma and biotechnology, chemistry)

Team

51 patent attorneys

Specialties

Full service in IP with a strong focus on patents. Predominantly patent prosecution across a broad technical spectrum. Intensive prosecution work regarding electronics patents. Litigation together with external lawyers. IP advice, transaction support.

Clients

Litigation: Nokia (co-defendant of KPN) against Assia over DSL technology; Nokia (claimant) against Oppo/OnePlus over mobile communications, including 5G; Belparts (defendant) against Belimo in EPO opposition over patent for flow control in a fluid-based central heating or cooling system; AIM Sport (claimant) against Supponor on technical aspects in German proceedings over technology for sports stadium advertising; US company against competitor over medical devices (all public knowledge). Prosecution: filing and oppositions for N.V. Nutricia/Danone and Samsung Electronics. Filing for Allergan, Apollo Intelligent Driving Technology, Baidu, Carbon Upcycling Technologies, Delta Electronics, Essity, New Amsterdam Pharma, Novo Nordisk, Protix, Sapreme, TNO, Vero Duco, Volvo (all public knowledge).