JUVE Comment

Although smaller in partner size than comparable firms such as Bird & Bird and Allen & Overy, the London patent team boasts a remarkable track record in cross-border cases for renowned clients and thus challenges the market leaders. The team of just four partners was once again seen before the UK courts in numerous suits in the life sciences sector. These included the dispute for Akebia and Otsuka against Fibrogen over drugs for the treatment of anaemia before the Court of Appeal. Litigation in major cross-border pharma proceedings is one of Hogan Lovells’ core competencies throughout Europe. The firm frequently accompanies long-term clients like Eli Lilly and MSD with cross-border teams in parallel patent litigation.

The team also impresses the market with its extensive expertise in the telecoms sector, where it made a name for itself years ago with ongoing litigation work for implementers such as Vodafone and HTC against NPEs like IPCom in connection with SEPs and FRAND issues. Here, too, Hogan Lovells brings the close cooperation between its national patent teams into play in cross-border litigation. One real highlight was the work for Chinese electronics manufacturer Oppo in the UK proceedings against Nokia over jurisdiction and FRAND. The dispute is one of the most extensive SEP battles in Europe today.

Despite its relatively small size, the London practice is more than just its telecommunications and life sciences specialty. It is often seen on the side of major industrial manufacturers of a wide array of technologies. One example is the work for Anan Kasei and Rhodia in the dispute against NEO over High Surface Area (HSA) cerium oxide, used in the manufacture of catalytic converters for diesel powered vehicles.

Strengths

Strong in both pharmaceutical and telecommunications disputes for industrial clients. Large, international client base and strong pan-European team. Very active in cross-border litigation.

European strategy

Hogan Lovells has a truly cross-border litigation team. Between London, Düsseldorf, Munich and Amsterdam it is homogeneous, something reflected in its international presence in important pharmaceutical, mobile communications and electronics cases. The team is active across borders, for instance, for Apple, Eli Lilly, HTC and Vodafone. Hogan Lovells is present at all relevant potential UPC locations, as well as boasting a strategic position in London.

In Germany, despite the recent move of renowned partner Stephan Neuhaus to Allen & Overy, the firm belongs to the leading teams in the market. In France, the Netherlands and the UK the firm is a fierce challenger of the market-leading firms. The practice has a smaller, but also very well-established team in Milan, recently strengthened with a second partner promotion. With this setup and its strong ties to the US, the European Hogan Lovells patent practice has a very good starting position to play a leading role at the UPC. This is also helped by the mixed approach of the German team.

When it comes to building up a patent attorney practice across Europe, however, main competitor Bird & Bird is ahead; Hogan Lovells only began a few years ago to expand its patent attorney arm in Germany. But Hogan Lovells is far ahead of competitors Bird & Bird, Allen & Overy and Freshfields in transatlantic work, thanks to its well-established US patents practice.

Recommended individuals

Stephen Bennett (“brilliant expertise, knowledge and experience”, competitor), Daniel Brook, Paul Brown, Emma Fulton

Team

14 lawyers

Specialties

Litigation and strategic advice, including competition law and transactions. Specialties in the pharmaceutical, medical devices and telecommunications sector. Coordination of cross-border litigation for both a European and global client base.

Clients

Litigation: Bristol-Myers Squibb and Pfizer against Teva over anticoagulant medication; Akebia and Otsuka (claimant) against Fibrogen over anaemia drug; Astronics and Zodiac Seats (defendants) against Lufthansa Technik over energy supply in airseats; One Plus/Oppo (defendants) against Nokia over mobile communications; Vodafone and HTC (defendants) against IPCom over SEPs and FRAND; Vodafone (defendant) against TOT Power over an outer-loop power control method and device for wireless communication systems; MSD (claimant) against Pfizer over vaccines; Anan Kasei/Rhodia (claimants) against NEO Chemicals over High Surface Area (HSA) cerium oxide (all public knowledge).