McDermott hires Herbert Smith Freehills partner for Paris IP practice

Frédéric Chevallier (46) began his career at Herbert Smith Freehills, where he gained his initial experience in IP litigation as an associate. In 2010 he moved to the patent practice of what was then Allen & Overy, now A&O Shearman. As a part of partner Laetitia Bénard’s team he focused on life sciences and tech litigation, becoming counsel in 2017.

Chevallier’s next career step came in 2018, when he returned to Herbert Smith Freehills as partner. During his time there, he built his reputation as a patent litigator, particularly through his work for key client Sanofi. He led national and UPC proceedings concerning Sanofi’s chemotherapy drug Jevtana (cabazitaxel) against generic manufacturers Accord, Dr Reddy’s, Stada and Zentiva. This was one of the first major originator-generics disputes at the UPC.

Alongside his work for pharma originators, he regularly acts for clients in various tech fields, such as Games Global/Real Time against Playtech Software at the UPC.

Strong backing

“With the UPC, we have entered an era of truly global patent litigation. We want to offer clients who are involved in parallel disputes in both the US and Europe a platform where they can manage these disputes under one roof with one international team, without having to coordinate teams from different firms in both jurisdictions,” says Chevallier.

At McDermott, he will have access to an international IP team with a strong presence, particularly in the US, as well as an established patent practice in Germany. The firm also has one patent attorney in London. The German team is currently representing NJOY in UPC proceedings against Juul Labs, and Syntorr in a dispute with Arthrex.

In France, the US firm has not yet made its mark in patent litigation. Chevallier will now lead the small team as partner with the aim of expanding it further. The patent practice currently has one associate alongside him, with another due to join soon.

US firms pushing for UPC

UK firm Herbert Smith Freehills has a renowned patent practice in London as well as a team in Italy and a small but visible team in Germany, which recently welcomed Florian Schmidt-Bogatzky from EIP. Additionally, a 23-strong US team recently joined following the merger with US law firm Kramer Levin.

Following Chevallier’s departure, partner Alexandra Neri, a counsel and several associates remain in the Paris IP practice, though they still regularly handle other IP matters alongside patent law.

McDermott is one of several US firms increasing their European presence in view of the UPC. While Kirkland & Ellis’s London team tends to work behind the scenes in UPC proceedings, Quinn Emanuel Urquhart & Sullivan’s well-established German practice is already active in several UPC cases, as is Jones Day’s Munich team. Finnegan Henderson Farabow Garrett & Dunner has also built up a German patent team in recent years and represents client Medtek at the UPC.