JUVE Comment

The patent practice of international law firm Pinsent Masons has historically been strong for life sciences clients, and this is also true of the Amsterdam team under partner Judith Krens.

It is also thanks to her reputation and persistence that the Amsterdam patent litigation practice stabilised. In 2023, the future of the team was uncertain after the two partners András Kupecz (now judge at the UPC) and Machteld Hiemstra moved to Simmons & Simmons.

In the meantime, Pinsent Masons has been retained by manufacturers of generic and biosimilar drugs such as Accord, Teva and Torrent in several Dutch national proceedings, thus securing the team’s future. Traditionally, the companies are the team’s main clientele. The team’s work for Teva in the high-profile proceedings against Bristol-Myers Squibb over apixaban stood out. However, the team needs to be further bolstered if it is to make more of an impression in the Dutch patent market – including at the partner level – also to broaden the technical scope beyond the life sciences sector.

European set-up

Even though Pinsent Masons is present with patent teams in UPC jurisdictions such as France, Germany, the UK and the Netherlands and has previously been involved in numerous pan-European cases for its strong client base in the generics industry, the European team had a later start in UPC cases than Simmons & Simmons or Bird & Bird, for example. The strong focus on the pharmaceutical industry certainly played a role here, because so far pharma innovators have rarely launched new cases against generic companies at the UPC.

Since 2024, however, Pinsent Masons has been involved in two UPC cases. A team of French and UK lawyers is representing eight Accord companies at the local division Munich in a lawsuit brought by Sanofi over the chemotherapy drug cabazitaxel/Jevtana.

The Amsterdam team is also involved here but is primarily handling a lawsuit by Advanced Cell Diagnostics against Molecular Instruments at the The Hague local division. The case concerns a technology to detect specific mRNA sequences in cells. Pinsent Masons is rarely involved in pan-European litigation outside the life sciences sector.

Strengths

Pan-European coordination of pharmaceutical and biotechnology cases. Life sciences litigation.

Recommended individuals

Judith Krens (“very good experience with her”, client)

Team

6 lawyers (of whom two are dual qualified)

Clients

Teva against Bristol-Myers Squibb regarding blood-clot drug apixaban/Eliquis; Accord against Roche over trastuzumab/Herceptin; Torrent Pharmaceuticals against Sanofi over SPC regarding SPC of multiple sclerosis drug teriflunomide/Aubagio (settled 2024); Napiferyn Biotech against Wilmar in entitlement case over patent regarding functional plant-based proteins. Advice: Fresenius regarding biosimilar disputes.