JUVE Comment

In terms of patent litigation, the London team of Simmons & Simmons is among the strongest practices in the market, especially with its experience in life sciences and medical devices. With its long-standing and intensive work for Bayer and Samsung Bioepis, the team is on a par with law firms such as A&O Shearman and Bird & Bird in pharmaceutical disputes. Recently, work on medical devices has increased with proceedings for Insulet and SiBio Technology. In the latter case, the European litigators were brought in through connections with the Chinese practice.

The London team has not yet reached the same level as the market-leading practices in major telecommunications cases in the UK. In 2023 and 2024, acting for wearable technology company Whoop was the only visible tech-related client for the practice. However, the London team profits from UPC work, where the European team, including the London partners, now represents Network System Technology in an extensive lawsuit involving semiconductors. The London partners are pursuing revocation claims by Texas Instruments before the UK High Court. Nevertheless, the London office is not involved in any UK SEP or FRAND cases.

An important generational change has seamlessly taken place. Senior partner Michael Burdon left the partnership but continues to be closely involved as a consultant in the practice’s work for Whoop and Insulet on medical devices. With Andrew Hutchinson, Priya Nagpal and Scott Parker, Simmons & Simmons had long since installed the next generation of partners.

European set-up

The investments that the international law firm has been making in its pan-European patent team for many years paid off following the launch of the UPC. Like Taylor Wessing and Bird & Bird, Simmons & Simmons was one of the most active internationally positioned law firms in the first 21 months of the new court. The firm was highly active for plaintiffs such as Network System Technologies, Oerlikon, Plant-e, and G. Pohl-Boskamp GmbH & C. KG, but also represents a considerable number of defendants, such as SiBio Technology, Samsung Bioepis, and Danieli Automation.

The London team has to defer to its continental European partners as main representatives at the UPC but is part of the advisory team in various proceedings such as those for Network System Technologies, not least because there are parallel UK proceedings. The practice’s good start in UPC cases underlines the cross-border set-up that the firm has long maintained in the life sciences sector, for example its work for Bayer. A team of London and Amsterdam partners recently demonstrated this once again in the case of uniQure. However, a cross-border commitment of the patent team cannot always be enforced. For example, the UK team handles national proceedings for Insulet and works with another German law firm for the UPC cases.

Nevertheless, the mixed set-up of Simmons & Simmons, with its London-Amsterdam-Munich axis, works smoothly. The patent attorneys in Amsterdam and Munich focus on life sciences patents, whereas in London the patent attorneys focus on electronics and mobile communications patents.

Strengths

Life sciences litigation, especially pharmaceuticals and medical devices.

Recommended individuals

Michael Burdon, Andrew Hutchinson, Priya Nagpal (“excellent technical knowledge”, competitor), Scott Parker (“very good in life sciences”, competitor); patent attorneys: Kevin Cordina (digital communication and computer technology, electronics)

Team

34 lawyers, 2 patent attorneys

Clients

Litigation: Network System Technologies against Texas Instruments over semiconductor technology; Grünenthal against Teva over testosterone drug Nebido; Samsung Bioepis against Alexion over biosimilar of eculizamab/Soliris, including regulatory aspects; Samsung Bioepis against Janssen against ulcerative colitis drug ustekinumab (ended in 2024), including SPC waiver (ongoing); uniQure against Pfizer over patent regarding gene therapy for haemophilia treatment (ended in 2024); SiBio Technology against Abbott over glucose-monitoring devices; Insulet against Menarini and EOFlow over smart insulin pumps; Whoop against Prevaly over fitness tracker technology; Okipa and John Clearwater against Bionome Technology in entitlement action regarding method of controlling the growth of vegetation.