JUVE Comment

Thanks to a few high-profile instructions mainly in the life sciences sector, the Dutch patent practice of international firm Taylor Wessing is well positioned in the competitive Dutch market. The firm’s four-partner-strong patent practice is spread across offices in Amsterdam and Eindhoven, but mainly Wim Maas and Eelco Bergsma’s UPC work stands out.

Nationally, Charlotte Garnitsch’s defence work for Pfizer and BioNTech against Moderna over mRNA vaccine technology has attracted a great deal of attention. Otherwise, the team’s presence in major cases before the national Dutch patent courts has been limited. This is because the team has since focused on UPC actions, where it has been much more present than many of its Dutch counterparts – with the exception of Brinkhof.

European set-up

With the launch of the UPC, Taylor Wessing’s pan-European patent practice has consistently applied its experience in international disputes over mobile communications, medical devices and pharmaceutical patents. The teams in Austria, Germany, the Netherlands and the UK work together much more effectively than before, making them one of the most active practices since the new court was established.

Taylor Wessing’s highlight cases are Abbott versus Dexcom and SiBio Technology concerning medical devices, and Ericsson versus AsusTek and Motorola/Lenovo over mobile communications. The work for Zentiva against Sanofi is a rare highlight in the pharma sector.

Since the UPC launch, the Dutch team has increasingly become a central pillar of the successful European practice. Maas and Bergsma used their long-standing connections to Ericsson to significantly increase their visibility in the market compared to previous years. One competitor said, “The team has an interesting approach to the UPC that it follows consistently.” The team launched a campaign for regular client Ericsson against AsusTek at the UPC local divisions in Lisbon and Milan. These divisions are less experienced in mobile communications proceedings. The team, alongside main representative Kather Augenstein, is also involved in defending Ericsson against three actions brought by Motorola and Lenovo.

The two partners are playing a much more active role alongside Abbott Medical Care in a dispute with SiBio Technology and in four of nine proceedings in the mega-battle for Abbott against Dexcom. Both disputes revolve around glucose-monitoring devices. The Dutch team’s strong UPC presence is rounded out by Garnitsch’s lead role for Tandem Diabetis Care in its medical devices dispute with Roche Diagnostics.

For these UPC cases, the Dutch team utilised its long-standing connections with Dutch patent attorney firms, in particular AOMB. The German partners also have long-standing relationships with patent attorney firms such as Betten & Resch, Kraus & Lederer or Dompatent.

Strengths

Litigation in electronics and telecommunications, with cross-border aspects. Life sciences disputes.

Recommended individuals

Eelco Bergsma (“very good performance for Pfizer in the courtroom”, competitor), Charlotte Garnitsch, Wim Maas (“often underestimated, but in UPC cases he’s really showing what he’s capable of”, competitor)

Team

10 lawyers, 1 patent attorney

Clients

Litigation: Pfizer (co-defendant with BioNTech) against Moderna over mRNA vaccine technology; JRZ Suspension, Protrac Suspension and VoVu Metaalbewerking against TracTive Suspension over electronic valve for shock absorber; frequent work for Dana Farber over cancer drug patents and Ericsson over mobile communication patents.