Patents and technology

BarentsKrans plays a leading role in the area of patent law. The lawyers in the IP & Technology department have an impressive track record in all fields of technology, including mechanical engineering, electronics and chemistry. The daily practice is characterised by multi-jurisdictional (parallel) litigation, in which we work closely together with law firms abroad.

As one of only a few firms in The Netherlands, BarentsKrans has since many years been involved in the most high profile patent cases in the life sciences space, varying from disputes with respect to ‘classic’ chemistry (small molecules) to biotechnology. Over the past years, BarentsKrans has assisted various pharma & biotech clients from inter alia the United States, the United Kingdom, Germany, India and the Republic of Korea in matters regarding omeprazole, alendronate, fluvastatin, escitalopram, (es)omeprazole, rivastigmine and glatiramer acetate. Unlike most competitors, our IP & Technology department also has substantial experience with pharmaceutical regulatory disputes regarding the granting of marketing authorisations for medicinal products. The insights we have gained in such regulatory disputes constitute a significant advantage when advising on the validity of supplementary protection certificates (SPCs).

BarentsKrans assists clients in the high-tech sector (in particular mobile phones) in disputes regarding standard essential patents. We are involved in (the preparation of) proceedings against infringers related to 3G and 4G technology and in negotiations on the grant of patent licenses under FRAND conditions.

Our IP & Technology department has significant experience in handling IP transactions. We assist clients in different fields of technology in drafting and negotiating technology-related agreements, for example on technology transfer, outsourcing of R&D and joint development of technology. As aspects of competition law often play an important part in IP transactions and disputes, we work closely together with our Competition & Public Procurement department.

Some examples of recent matters:

  • Litigating on behalf of a British company against a Dutch company for infringement on the client’s patent for pavement foundation structures
  • Advising a NASDAQ-listed American company on the enforcement of its telecoms patents in The Netherlands, as part of its European litigation strategy
  • Representing an American pharmaceutical company in proceedings to invalidate a patent for a combination of paracetamol and tramadol
  • Litigating on behalf of an Indian pharmaceutical company in a case, which has aroused much public interest, concerning the enforcement of a second medical use patent (zoledronic acid for the treatment of osteoporosis)

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