Marleen van den Horst

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Head of the IP & Technology Practice Group Marleen van den Horst (PhD) has extensive experience in complex, multi-jurisdictional IP litigation.  She has specialised in patent litigation in all fields of technology, including mechanical engineering, electronics, chemistry and life sciences. From ship hatches, electronic braille cells, glass house lighting, electronic queue systems, machines for cleaning sportsfields to medical devices and medicines. Marleen is internationally renowned for her work in the life sciences. She has frequently acted as lead counsel in high profile pharmaceutical patent/SPC and regulatory proceedings regarding molecules such as cimetidine, ciclosporin, omeprazole, alendronate, lansoprazole, fluvastatin, escitalopram, clopidogrel, esomeprazole, valsartan and modafinil. In addition, she is involved in (the preparation of) patent litigation concerning monoclonal antibodies, the next generation of medicinal products that will be the subject of intensive patent litigation. Together with her team, she assists clients in negotiating and drafting licences, technology transfer and distribution agreements.

Selected directory listings

Marleen van den Horst is praised for her “good understanding of biochemical technology.”Chambers Global, 2017

‘First-class’ department head Marleen van den Horst is widely recommended. – Legal 500, 2017

Marleen van den Horst is described as “inventive, proactive, skilled,” as well as “highly personable and technically very able” – Chambers Europe, 2016

Clients say that Marleen van den Horst is “very energetic, very engaged, never gives up and always tries to find a way.” – Chambers Europe, 2016

Efficient, organised and practical, she is heavily involved in the sector. She always makes herself readily available to answer your questions and will address issues in a manner that enhances your case’s strengthsIAM Patent 1000, 2016

BarentsKrans’ team is headed up by the ‘formidable’ and ‘tenacious’ Marleen van den Horst. The team is “praised for its ‘practical’ and ‘commercial’ advice” – Legal 500, 2016

She doesn’t like to lose and puts every ounce of effort into winning on her client’s terms, never playing tricks or trying the impossible. She’s good at parsing out what is and what isn’t important in a case, and is a smart tactician and independent thinker who never takes the opinions of others for granted. – IAM Patent 1000, 2015

Observers praise Marleen Van den Horst as “a direct, results-oriented litigator.” – Chambers Global, 2015

Professional activities

Member of the Standing Committee on IP of the Netherlands Bar Association
Member of the International Board of Women’s World Banking NY (a microfinance NGO)
Member of the Board of the NeoKidney Foundation

Articles and publications

Pharma update: Indirect infringement of Swiss type claims is possible

In its judgment of 3 November 2017 in the case between Merck Sharp & Dohme (‘MSD’) and Teva, the Dutch Supreme Court ruled (ECLI:NL:HR:2017:2807) that indirect infringement of a ‘Swiss type’ second medical use patent claim is possible. In addition, the Supreme Court found that there is no difference in the scope of protection of second
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Pharma update: long-awaited final relief judgment on enforcement second medical use patent

In its final relief judgement of 5 April 2017 in Sun Pharmaceutical Industries (Europe) B.V. (“Sun“) v. Novartis et al. (“Novartis”), the District Court of The Hague ruled that Sun has directly infringed Novartis’ second medical use patent EP 1 296 689 (EP ‘689) which relates to the treatment of osteoporosis. Previously, in its interim
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