JUVE Comment

The Amsterdam team at this international full-service firm is a challenger to the market leaders in patent litigation, with the firm’s strength anchored among life sciences clients. It currently acts for Bayer Healthcare over Xarelto and for Samsung Bioepis over Stalera. Simmons & Simmons’ good reputation in the life sciences field also attracts new clients. These have come primarily from the medical devices sector and have been involved in UPC rather than national litigation.

This was no different to the trend affecting the teams of other Dutch patent firms. In 2024, national litigation was mostly concentrated in the life sciences sector, but new cases in other sectors were more likely to go to the UPC.This is particularly true in the mobile communications sector, where the team led by senior partner Bas Berghuis van Woortman continues to represent Samsung Electronics in a series of ongoing national cases. Recently, junior partner Oscar Lamme has been advising an automotive supplier on FRAND aspects. However, new cases involving IT and telecommunication patents, such as for network system technology, have been filed at the UPC by the European Simmons & Simmons team.

If there is anything positive to be gained from the current transitional phase from national to UPC litigation, it is that Lamme is one of the young Dutch litigators using UPC cases to significantly increase their visibility. This development is also being closely followed by competitors in the patent communities in Amsterdam and The Hague.

European set-up

Of all the large, pan-European patent litigation practices, it is perhaps Simmons & Simmons which is still seeking a path to the top of the European market. With the launch of the UPC, the team has now taken a big step in this direction. It was the Dutch team that filed Simmons & Simmons’ first suit at the UPC local division The Hague in 2023 on behalf of Plant-e over technology for converting light energy into plants. The Italian team is involved in one of the first cases at the UPC local division Milan on behalf of Oerlikon Textile. Furthermore, a truly pan-European team is representing SiBio Technology in a battle against Abbott at various UPC divisions over glucose-monitoring devices. The team comprises lawyers and patent attorneys from the firm’s offices in Amsterdam, Munich, Milan and London.

It is not surprising that the firm has made such a good start at the UPC. It has invested a good deal in its patent team in recent years. The recent work for Bayer and Samsung Bioepis showed it is a force to be reckoned with in pan-European litigation over pharmeceutical and biological drugs. In these cases it competed with market leaders such as Hogan Lovells and Freshfields Bruckhaus Deringer. In the mobile communications sector, the team does not yet display the same consistency in major international battles. With the launch of the UPC, this seems to be changing. The Dutch team, together with the German team, launched a wave of lawsuits for the NPE Network System Technologies against Qualcomm, Samsung and the German carmakers Audi and VW at the local division Munich over semiconductors. The dispute also includes revocation actions by VW subsidiary Bentley against the three patents-in-suit at the Paris central division. The fact that Dutch patent attorneys are working with German lawyers here shows how consistently the firm is now pursuing its mixed approach.

Strengths

Patent disputes regarding mobile communications and electronics, as well as pharmaceuticals and biosimilar drugs. Mixed approach.

Recommended individuals

Bas Berghuis van Woortman (“a calm, experienced and thorough litigator”, competitor), Oscar Lamme (“very present, conducts many of the cases in the Simmons team”, competitor)

Team

10 lawyers (4 of whom are qualified patent attorneys)

Clients

Litigation: Samsung Electronics against DTS over mobile payment and security technology; Samsung Electronics against G+ over LTE patent; HP against 123Ink over printing cartridges; Samsung Bioepis against Janssen Biotech over EU SPC waiver for Stelara biosimilar of ustekinuma (public knowedge); Bayer against generic drug companies over anticoagulent rivaroxaban/Xarelto; Pharmathen against Novartis regarding cancer drug Okrodin; MED-EL against Advanced Bionics over cochlear implants; Koopman against Tinnus/Zuru in infringement and nullity suits over filling technology for water balloons; EPO oppositions for Samsung Bioepis. Prosecution: filing and oppositions for Serenity Pharmaceuticals and uniQure.