JUVE Comment

The eminent Dutch patent practice of this international full-service firm continues to be a clear challenger to the market leaders. When it comes to representing original drug manufacturers before the Dutch patent courts, Freshfields’ Amsterdam team, together with Hoyng ROKH Monegier and Hogan Lovells, is one of the most visible outfits. Overall, the Amsterdam team’s work in the life sciences sector for long-standing client Moderna against BioNTech and Pfizer increasingly dominated, as did the work for Novartis on several blockbuster drugs. Senior partner Rutger Kleemans and up-and-coming Jelle Drok are both known equally for this work. They represented originator Alexion in nullity suits against Samsung Bioepis and Amgen concerning the blockbuster drug Soliris. Although the national proceedings in the Netherlands have been concluded, an international Freshfields team continues to represent Alexion against these two competitors in PI cases before the UPC.

On the telecommunications side, Freshfields frequently advises important clients such as Apple and Xiaomi. In recent years, however, the Dutch team has been less visible in SEP cases simply because some of its clients decided after intense advisory and preparation work not to file cases in The Hague. On the defendant side, regular clients in the SEP field have also rarely been sued in the Netherlands. However, the Dutch Freshfields lawyers are intensively involved in proceedings at the UPC for Xiaomi.

European set-up

The European patent team has a wealth of experience handling simultaneous cases in the UK and on the continent, including EPO and UPC proceedings. It is impressively developing major instructions beyond national borders, such as those for AstraZeneca, Apple, Xiaomi and not least for Moderna. The full-service firm is particularly strong on the European continent, with patent teams in Amsterdam, Düsseldorf and Munich the mainstays of this well-integrated practice.

This traditionally well-functioning axis has now also demonstrated its effectiveness at the UPC. The continental team is also seamlessly integrating the London team. In the first 16 months of the UPC, Freshfields is one of the most present law firms on both the claimant and the defendant side. The international team is defending Kodak against lawsuits brought by Agfa concerning printing technology at the Mannheim and Düsseldorf local divisions. It is suing Celltrion at the Düsseldorf local division on behalf of its regular client Novartis regarding the blockbuster drug Volair. An international team of Dutch and German lawyers is defending Xiaomi, another regular client, against several lawsuits brought by Panasonic.

It is not uncommon for the Dutch partners to play a key coordinating role in such international disputes, as it is currently doing for Moderna. The close ties between the German, Dutch and UK teams should not, however, overshadow the fact that Freshfields forgoes patent experts in Paris. Furthermore, because of the strong client base in the life sciences sector, the weak presence in Milan as an important UPC location could prove to be a disadvantage.

Strengths

Innovator pharmaceutical work for legacy clients, including strategic and commercial advice. Cross-border litigation, including SEP and FRAND cases.

Recommended individuals

Rutger Kleemans (“always eager to win”, competitor), Jelle Drok, Ruben Laddé (“down to earth, no ego, excellent on the factual side”, competitor)

Team

12 lawyers

Clients

Litigation: Moderna against Pfizer and BioNTech over Covid-19 vaccine patents; Aduro Biotech against strawman in revocation case over antibody; Novartis against Synthon in revocation case over hypertension and heart failure drug Entresto; Novartis against Teva regarding chemotherapy drug Afinitor; Novartis against Pharmathen regarding a cross-border PI over cancer drug Okrodin (settled 2024); Grünenthal against Teva over patent exclusivity regarding testosterone undecanoate drug Nebido (settled 2024); Genmab in appeal proceedings over CJEU referral over SPC Regulation; Schöck over building materials; regular work for Apple, Hoffmann-La Roche, Lenovo and Continental (all public knowledge).