In litigation, the well-positioned IP team of this international outfit is firmly anchored among clients from the life sciences sector, especially pharma and medical devices. Simmons & Simmons is generally active on the side of innovators like Merck Millipore. Marina Cousté’s team litigated for the US pharma company in the appeal proceedings against a group of patients involving a revocation of the patent for Levothyrox. Time and again, clients benefit from the Paris practice’s expertise in regulatory matters, particularly in connection with the market launch of medicines. At the same time, Simmons & Simmons in France is slowly branching into other sectors. A notable company from the telecoms sector was advised by Cousté on SEP and FRAND-related matters, but not yet in FRAND litigation. Litigation for the UK manufacturer of construction and agricultural machinery J.C. Bamford in a battle against French competitor Manitou is a step towards raising the team’s visibility for litigation involving mechanical patents, for example in the automotive or plant construction fields.
Cross-border litigation in the life sciences sector.
For cross-border disputes in London, Amsterdam, Munich and Paris, this firm is a good choice for pharma cases. With offices at all key UPC locations, the firm does indeed have a good starting set-up for when the court launches. The fact that the firm is growing its patent attorney team in Germany, London and Amsterdam also points in the right direction. And with the recent work for Xiaomi and Oppo/OnePlus in several SEP battles, Simmons & Simmons is shaping up to be a real European powerhouse for both pharma and mobile communications cases. However, the Paris office does not yet make as effective use of connections to Chinese companies as the teams in London or Amsterdam. The offices in Milan and Paris still lack clout and visibility. There is still some way to go until the firm draws level with the market leaders Bird & Bird and Hogan Lovells.
Marina Cousté (“incredible litigator”, competitor)
Patent litigation in the life sciences sector, especially pharmaceuticals and medical devices. Also telecommunications and other technical fields. Practice for arbitration proceedings and licence agreements.
Litigation: JC Bamford (claimant) against Manitou over excavators; Merck Millipore (defendant) against patients over Levothyrox, a drug for treating underactive thyroids; United Orthopedic (defendant) against C2F Implants over knee prosthesis; Neo Medical (claimant) against Safe Orthopaedics over implants and sterile instruments; Sigos (defendant) against Araxxe over telecommunications network; US company (defendant) against a Japanese competitor regarding barcode technology.