Video: JUVE Patent’s Netherlands ranking 2024
Autumn has arrived and with it, JUVE Patent's Netherlands ranking 2024. Editor Mathieu Klos provides an overview of the latest developments in the Dutch patent market, from the stalling of national cases, to the dissatisfaction surrounding the first year of the local division The Hague, as well as which firms are getting stuck in to the UPC.
25 September 2024 by Mathieu Klos
In JUVE Patent’s Netherlands ranking 2024, Mathieu Klos gives an overview of the latest developments in the Dutch patent market.
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JUVE Patent’s Netherlands ranking 2024 overview
The Unified Patent Court is well under way, but the Dutch economy is weakening. As a result, the past business year has been rather mixed for Dutch patent firms.
National courts have fewer cases. Pharmaceutical and biologics disputes, however, have kept most law firms busy. On the one hand, Freshfields Bruckhaus Deringer, Hoyng ROKH Monegier, and Hogan Lovells conducted litigation for originators. Pinsent Masons, Brinkhof, and Vondst, on the other hand, have represented generic drug companies.
For example, Hogan Lovells and V.O. led Bristol-Myers Squibb to victory at the Dutch Court of Appeal in August 2023. They succeeded in removing generic versions of Bristol-Myers Squibb’s blockbuster Eliquis from the Dutch market. Patent firms involved on the generics side include Vondst and De Vries & Metman, Pinsent Masons and patent attorney firm NLO, as well as Amsterdam-based IP firm Brinkhof.
In another major case, AOMB and BarentsKrans represented Viatris in the dispute with Biogen over MS drug Tecfidera. Other firms involved in the battle against Biogen include Bird & Bird, Brinkhof, and De Vries & Metman.
Rumblings of dissatisfaction
When it comes to the UPC, the Dutch patent community had high hopes for the local division The Hague. However, in talks with JUVE Patent many experts have expressed some disappointment with the development of the case numbers at the Dutch division so far.
Nevertheless, the summer did see a rise in UPC cases. Official statistics show that the local division The Hague currently has nine infringement and three PI cases, although only a small number of Dutch patent firms are working on these.
Brinkhof is proving to be a major player; its lawyers are involved in no less than nine UPC cases. These work with the German IP boutique Vossius under the joint brand Vossius & Brinkhof UPC Litigators.
A particular highlight in the Netherlands was Bird & Bird filing the very first SEP case at the local division The Hague in September 2024. Together with patent attorneys from De Vries & Metman, the firm is suing Oppo on behalf of core client KPN.
Another firm which has performed well is Taylor Wessing. The Dutch team represented Ericsson and Abbott in some high-profile cases.
Boost needed
With the lacklustre development of litigation work in recent months, lawyers in Amsterdam and The Hague are in urgent need of a boost. Whether this be in the form of a major mobile phone campaign involving the Dutch national courts or a handful of high-profile UPC cases at The Hague remains to be seen.
One positive aspect, however, is the presence of Dutch patent judges at the UPC. The highly regarded Rian Kalden, Edger Brinkman, Margot Kokke and András Kupecz will have a significant influence on the UPC and its case law in the long run.
For further analysis on the Dutch patent market, read the Netherlands patent ranking 2024. This includes top patent litigation firms, top patent prosecution firms, and this year’s ‘Ones to Watch’ in the Netherlands.
You can find detailed information on the JUVE Patent research criteria here.
