JUVE Comment

Over the last two years, this well-positioned Dutch patent litigation team has undergone a generational change that many competitors often overlook. Young partner Peter van Gemert led the Dutch case for Nokia against Oppo in 2023 along with senior partner Wouter Pors until the dispute was settled in 2024. Van Gemert is also leading several proceedings for KPN, with Tjibbe Douma also leading numerous cases for Edwards Lifesciences.

Although senior partner Armand Killan withdrew from the partnership in 2023, the two senior partners Pors and Marc van Wijngaarden are still active. Nevertheless, these increasingly let the younger partners and counsel step into the spotlight, especially in UPC cases.

The Dutch team’s two main strengths still lie in mobile communications and life sciences. In the former, the team has a more robust position among Broadcom, KPN and Nokia than its rivals. In the latter, the team focuses on medical products, representing Edwards Lifesciences and Dexcom as well as generic drug and biosimilar manufacturers such as Neuraxpharm, Teva and Celltrion – an important pillar of business for the Amsterdam team.

European set-up

Europe-wide the firm’s practice is positioned extremely broadly for the UPC. It has established teams at most key UPC locations and can draw on patent attorneys with litigation experience from the German practice. Boasting one of the largest patent teams in Europe, Bird & Bird has always been strong in pan-European disputes, especially in mobile communications and life sciences.

The firm was considered a market leader in patent litigation even before the UPC and has now managed to transfer this to the new court seamlessly. Bird & Bird lawyers from Germany, France, Italy and the Netherlands represent both claimants and defendants in UPC cases. The battles over medical devices for Edwards Lifesciences against Meril and for Dexcom against Abbott are particular highlights.

Even though the Dutch lawyers at Bird & Bird may not be listed as the main representatives in as many cases as their competitors Brinkhof and Taylor Wessing, the firm nevertheless plays a decisive role in numerous proceedings. The younger lawyers in the Amsterdam team are seizing the opportunity to bring UPC cases to the fore, while senior partners such as Pors operate increasingly in the background. For example, Douma is the main representative in the dispute between Black Sheep Retail and HL Display over shelf systems at the local division The Hague. He and counsel Carlos van Staveren also represent Dexcom against Abbott in two cases.

As a further side effect, the individual Bird & Bird teams are now working together more closely across national borders on UPC cases. For a long time, jealousy between the strong teams in Düsseldorf, London and Amsterdam determined a more targeted development of the business than at Hogan Lovells or Freshfields, for example. Lawyers from Amsterdam and Düsseldorf are now working together for Maxeon Solar against AIKO regarding solar technology. An Amsterdam-Düsseldorf team successfully defended Celltrion against two PI suits from originator Novartis over the blockbuster drug Xolaris. In addition, Douma, van Gemert and van Staveren filed the very first SEP case at the local division The Hague for core client KPN against Oppo in September 2024. The Amsterdam team has already represented KPN, Maxeon Solar, and Celltrion in national revocation actions before the disputes went to the UPC.

Strengths

Interoffice cooperation, particularly between the Dutch, UK, and German offices. Pharmaceutical cases, telecommunications litigation.

Recommended individuals

Tjibbe Douma, Peter van Gemert (“present in many cases, does a good job”, competitor), Wouter Pors, Carlos van Staveren, Marc van Wijngaarden

Team

17 lawyers, 1 patent attorney

Clients

Litigation: Maxeon Solar against AIKO in PI proceedings over solar panel technology; Nokia and KPN against ASSIA over DSL technology; KPN against High Point over wireless network interface architecture; Broadcom against Netflix over encoding technologies for video files; Nokia against Oppo regarding mobile communication patents including 5G (settled 2024); Edwards Lifesciences against Angiocare/Meril Life Sciences over heart valve technology; Neuraxpharm against Biogen over multiple sclerosis drug dimethylfumarate/Tecfidera; Celltrion against Novartis in nullity case over monoclonal antibody for asthma drug Xolair; Roger Craig against Harbour Antibodies, Erasmus University Medical Center, and TeneoBio over licence agreement for soluble antibodies; Royal IHC against Huisman over ships for pipelaying systems; frequent litigation for Teva. Advice: Broadcom, Canon, Edwards Lifesciences, Maxeon Solar, Nestlé, Nokia, Odysight.