Despite the recent revocation of one of the patents in suit by the European Patent Office, ToolGen is continuing its dispute with Vertex and Lonza in multiple jurisdictions. In this context, ToolGen has initiated new proceedings in connection with the therapy Casgevy, including in the Netherlands. BarentsKrans represents ToolGen in the proceedings before the District Court of The Hague.

Casgevy is a CRISPR/Cas9-based therapy for the treatment of, among other conditions, sickle cell disease and beta thalassaemia. According to ToolGen, the therapy makes use of technology covered by its patents without a licence having been granted.

In the Netherlands, ToolGen has brought proceedings based on two recently granted patents. These patents belong to the same family as an earlier patent that is also the subject of proceedings in the Netherlands, the United Kingdom and before the European Patent Office. The Dutch case forms part of a wider international dispute between the parties, with proceedings including those before the Unified Patent Court and in the United States.

The proceedings concern the question of whether patent infringement has occurred and, in earlier cases, the validity of the patents in suit. The dispute therefore relates to the protection and use of genome-editing technology. ToolGen states that its enforcement efforts are aimed at securing appropriate recognition and remuneration, and not at restricting patients’ access to the therapy.

In the Netherlands, the case is being handled by BarentsKrans’ patent team, led by partner Jaap Bremer, on behalf of ToolGen.

Further information on the proceedings can be found at: While losing at the EPO, ToolGen escalates battle against Vertex in Europe – JUVE Patent