Life Sciences: Patent Litigation 2019

This chapter sees 403 practitioners highlighted for their work in the field. European firms dominate the listings this year, with Bristows, Bird & Bird and Hoyng Rokh Monegier all performing strongly this year. In North America, Canadian and US firms vie for pre-eminence in our research, with several outfits performing exceptionally well. In Australia, meanwhile, Allens stands out for its depth of expertise in the field.

Methodology

The Global Elite Thought Leaders are those individuals who received the highest number of nominations from peers, corporate counsel and other market sources this year. Our research has identified them as truly outstanding practitioners and the very best in their field.
 
Who's Who Legal does not list law firms, only individual lawyers. The leading firms are those in each region whose listed practitioners received the most total nominations in our research.
 

EMEA

Global Elite Thought Leaders
1. Brian Cordery Bristows LLP, London
2. Andreas von Falck Hogan Lovells International LLP, Düsseldorf
3. Sebastian Moore Herbert Smith Freehills LLP, London
4. Penny Gilbert Powell Gilbert LLP, London
5. Thierry Calame Lenz & Staehelin, Zurich
6. Sophie Rich  Herbert Smith Freehills, London
7. Tim Powell  Powell Gilbert, London

Leading Firms

Bristows

This firm continues to win admirers from around the globe, seeing seven of its practitioners listed in our guide this year.
Brian Cordery has a “stellar reputation in the market” and a “very good practice” that this year sees him highlighted as a Global Elite Thought Leader in the field. He possesses a wealth of knowledge on the originator side of pharmaceutical disputes.
Dominic Adair is “a star of the firm”, according to clients, who state that he is “always thinking ahead” and is “on top of everything”. Strong on registered design and copyright issues, he “combines excellent legal skills with the right commercial approach”.
Robert Burrows is a “fantastic litigator” who is commended for his “personable and professional approach”. He runs a busy practice that sees him engaged in a number of European pharmaceutical and biotech disputes.
Liz Cohen is “an extremely bright” individual and is praised by peers as “an exceptional lawyer” in the area. She offers clients deep understanding of sectors including biotech and medical devices, with broad experience in cross-border disputes.
The “excellent” Laura Reynolds comes in for effusive praise from respondents to our research this year for her fantastic work on patent and SPC issues in the chemicals, medical device and pharmaceutical sectors.
Another go-to name at the firm is Edward Nodder, who has “extensive experience in the field of life sciences” according to market players who speak highly of him in our research.
Alan Johnson is a distinguished individual who receives much applause from commentators this year for his impressive handling of matters in the chemicals and industrial sectors.

Bird & Bird

Global powerhouse Bird & Bird puts in a strong showing this year, seeing 14 of its practitioners highlighted for their work in the space.
"Top lawyer" Neil Jenkins continues to win effusive praise from market players, reflecting his "excellent practice" focusing on cross-border patent litigation.
Morag Macdonald is a "big name in IP" according to peers in the market who laud her expertise on patent litigation arising from the biotech sector, with particular ability on pan-European issues.
Mark Hilton is "the consummate patent litigator", say sources, who note that he "consistently comes up with innovative solutions". One source comments: “He has all the skills and never bends under pressure – which must make him a nightmare opponent to face!”
Oliver Jan Jüngst has a stellar reputation in the region and is recommended by peers for, among other things, his skill on multi-jurisdictional patent infringement disputes.
Manuel Lobato is a distinguished individual with "wide-ranging knowledge of pretty much all aspects of the life sciences field".
Robert Williams is a go-to practitioner for his excellent handling of technical disputes, including trade secrets cases.
Christian Harmsen commands great respect from sources in the space for his superbly broad experience in German and European patent disputes.

8 New Square

8 New Square continues to be rated by sources as a leading set in the field. It receives 10 listings in our guide this year.
Richard Meade QC is credited by peers for his “incredible strategic ability”. He runs an “excellent practice” that sees him involved in complex multi-jurisdictional disputes.
Daniel Alexander QC is “an absolutely fantastic barrister” who is “very smooth and well spoken”. He is a “complete star” on biotech and pharmaceutical patent disputes.
Michael Tappin QC is a “charming advocate” and “an excellent litigator” according to market observers who give praise to his standout work on pharmaceutical and biotech patent disputes.
The “superb” Charlotte May QC has “very good technical skills” which she combines with “strong interpersonal skills”. Her “commercially minded” practice is credited with a deep understanding of SPCs.
“Outstanding barrister” James Whyte is lauded by peers as “highly adept on life sciences matters”. He offers particular expertise in the biotechnology and pharmaceutical sectors, using his PhD in molecular biology to good effect.
Adrian Speck QC is “absolutely fantastic” according to respondents to our research, deploying “supreme intelligence” in a wide variety of litigation. His practice is “one of the best” in the market, and sees him frequently involved in high-profile biotechnology and pharmaceutical sector disputes.
Andrew Lykiardopoulos QC is an outstanding silk who peers in the space give effusive praise to this year for his adept handling of patent priority cases.

Hoyng Rokh Monegier

This firm straddles the European continent and is home to a number of leading names. Thirteen individuals are included from across their offices.
Simon Dack is “huge name” in the space and a “very good lawyer who is really on top of things”. Praised as a “strategic thinker”, he excels on cross-border patent litigation.
“One of the most important life sciences litigators”, Willem Hoyng is a “standout name in the market” and a “go-to for sure” on Europe-wide patent proceedings.
Sources “always have a positive experience with” Christine Kanz. Her go-to practice in the Netherlands features wide-ranging knowledge of cross-border patent disputes.
Thomas Reimann continues to win effusive praise from sources in the market who highlight his experience on domestic and multi-jurisdictional litigation proceedings.
Peter Van Schijndel is “a very strong litigator with a keen focus on pharmaceuticals”. He is a “smart, innovative thinker” and “always a step ahead of the other side” thanks to his “sharp and skilled approach”.
Impressed sources warn the unwary that Bart van den Broek “will destroy you in litigation”, and laud him as “one of the best in the Dutch market” for life sciences IP matters.

Hogan Lovells

Full-service firm Hogan Lovells sees eight of its impressive practitioners listed in this year’s guide.
Andreas von Falck is a Global Elite Thought Leader in the space who “cannot be faulted on his knowledge of the law” and “excels on his strategic thinking”. He “almost naturally looks across borders” and manages to “craft strategies for clients that combine the options available in different jurisdictions”.
Stephen Bennett is “one of the very best” according to respondents who commend his adeptness when pressing for injunctions against patent infringers.
Klaas Bisschop has a “thorough, excellent grasp of the law and good technical insight”, combined with “a very keen eye for separating the main issues from distractions”, report interviewees.
Bert Oosting is a distinguished name in the market who draws high praise from commentators this year. He is known for his excellent work across the full range of disputes in the area.
“Super-clever practitioner” Daniel Brook is highlighted as “very strong” on matters arising from cross-border patent litigation in the pharmaceutical and biotechnology sectors.

Powell Gilbert

This firm is home to some of the region top practitioners. Six individuals from the firm are highlighted for their impressive work in the field.
A Global Elite Thought Leader in the space, Penny Gilbert is renowned by peers for her “top-tier” practice that sees her involved in matters for a range of pharmaceutical and biotechnology companies.
Tim Powell is “a standout practitioner” in the market according to respondents who give him high praise in our research this year. He is adept on issues arising from cross-border disputes in the pharmaceutical and healthcare sectors.
Alex Wilson is a go-to individual for complex multi-jurisdictional patent disputes, and has a deep understanding of the German and French markets in particular.
Bethan Hopewell is a “very strong” name in the field whom sources laud once again this year for her excellent practice. She is adept on highly technical matters relating to pharmaceuticals and biotechnology.
Tim Whitfield wins much applause in our research for his superb ability on Europe-wide litigation arising from medical device and pharmaceutical patent matters.
Another top name at the firm is Zoë Butler, who draws plaudits this year for her fantastic work in pharmaceutical and biotech sectors, representing and coordinating clients in multi-jurisdictional disputes.

Other Leading Individuals

Denmark

Plesner Advokatpartnerselskab’s Peter-Ulrik Plesner is “very well regarded” and “highly experienced in complex and high-profile issues”, comment sources. He maintains a stellar reputation in the life sciences space and is described by certain sources as a “dean of the field”.

England

Herbert Smith Freehills’ Sebastian Moore is a Global Elite Thought Leader in the field who peers state they “rate very highly”. He runs an enviable practice that sees him involved in defending innovator drugmakers against patent infringements.
Sophie Rich is an outstanding practitioner who continues to impress in our research, winning plaudits for her exceptional proficiency on drug patent defence and enforcement against generic firms.

Kirkland & Ellis is home to the “incredibly strategic” Nicola Dagg who garners widespread praise for her expertise on biomolecular patent litigation, with sources highlighting her “hard-working style and excellent client focus”.

Allen & Overy’s Marjan Noor maintains an excellent practice that is well thought of by market observers who describe her as “one of the strongest experts on SPCs”.

Germany

At Gleiss Lutz, Thomas Bopp is a “very well known name for patent cases” who receives effusive praise from respondents for his wide-ranging experience of the healthcare and life sciences sectors.

Italy

Trevisan & Cuonzo Avvocati’s Luca Trevisan is described by peers as “a valuable name in the field”. He possesses a wealth of knowledge of pharmaceutical patent disputes.
Gabriel Cuonzo is a “leader in the field” and a “very knowledgeable attorney” whose practice features superb experience on multi-jurisdictional IP disputes.

Netherlands

Brinkhof’s Daan de Lange is cited as a “skilful litigator who is able to reduce complex matters to a clear story”. Peers state that he is “a reliable lawyer” who “very successfully represents big generics and biosimilar players”.

Sweden

Dag Sandart of Sandart & Partners Advokatbyrå is “well thought of and experienced” according to the market players who commend his excellent work on life sciences IP disputes.

Switzerland

Lenz & Staehelin’s Thierry Calame stands out for his impressive ability in arbitration on IP matters in the pharmaceutical sector. He remains one of the most prominent names in Switzerland for his work in the area.

 

North America

Global Elite Thought Leaders
1. Harry Radomski Goodmans LLP, Toronto
2. William F Lee  WilmerHale, Boston
3. Morgan Chu  Irell & Manella LLP, Los Angeles
4. Anthony G Creber  Gowling WLG, Ottawa
5. Gunars Gaikis Smart & Biggar/Fetherstonhaugh, Toronto
6. Trevor Cook WilmerHale, New York

Leading Firms

Goodmans

One of the leading firms in the North American market, with six of its practitioners listed in our guide this year.
Harry Radomski, a Global Elite Thought Leader in the field, is deemed “the number-one practitioner in the space”. He is “an exceptional lawyer” who possesses “a broad practice with superb expertise in the area”.
Andrew Brodkin is described by respondents to our research as “a top name in the field”. He excels on patent infringement disputes and subsequent damages assessments and is highlighted for his “tenacious advocacy”.
Ben Hackett is lauded by observers as “a rising star” whose practice features a wealth of understanding of patent infringement and validity cases, with particular insight into the pharmaceutical sector.
Dino Clarizio has a well-established reputation in the market and is well known for his excellent work on cross-border biotech disputes.
Jordan Scopa is a “great lawyer” who is credited with a superb knowledge of the pharmaceutical sector. His practice sees him involved in a range of major patent infringement cases in the space.
Richard Naiberg is well known in the Canadian market for his impressive work handling complex intellectual property matters arising from the pharmaceutical and medical devices sectors.

Gowling WLG

Four outstanding individuals from this global firm receive nominations for inclusion in this year’s guide.
Anthony Creber is a Global Elite Thought Leader in the field who is “extremely experienced in this area”. His “very active practice” sees him engaged in a range of cases in the pharmaceutical sector, including infringement and licensing matters.
Christopher Van Barr is a “top-tier litigator” who is “very popular with clients” according to sources familiar with his work. He is adept on multi-jurisdictional disputes, with expertise across various aspects of the life sciences field.
Marc Richard is a well-established name in the North American life sciences space where he enjoys a stellar reputation as “a leading litigator” in the pharmaceuticals sector.
Patrick Stewart Smith stands out for his expert handling of patent disputes in the life sciences space. A “well-known advocate”, he is adept on issues arising from the biotech, chemical and pharmaceutical sectors.

WilmerHale

Two Global Elite Thought Leaders from the firm are recognised in this edition.
William Lee is “a leading light” in the North American market. He has a distinguished reputation for his outstanding work with pharmaceutical and medical device companies.
Trevor Cook is "a global leader in IP law" and a lawyer who is recognised by peers as being "extremely knowledgeable" and "an absolute pleasure to work with".

Irell & Manella

This excellent IP firm has two top patent litigators recommended.
Morgan Chu is “one of the best litigators in the country” according to our sources. Described as “a force of nature” and “a fabulous advocate”, he is “a leading light” on high-stakes patent disputes.
David Gindler is a “very strategic, reasoned and anticipatory” lawyer who is “appreciated for his calm style, especially in the courtroom”. He remains well known for his superb expertise in biosimilars.

Smart & Biggar/Fetherstonhaugh

A leading firm in the Canadian market for matters in this space.
A Global Elite Thought Leader in the field, Gunars Gaikis maintains a stellar reputation in the market with sources keen to highlight some recent big victories, including in the Supreme Court of Canada.
Sheldon Hamilton is described by commentators as “a great lawyer”. He runs an enviable practice that features a wealth of knowledge on patent infringement and validity issues.
With wide-ranging expertise in the biotech and biochemical sectors, Steven Garland is “an amazing lawyer” according to peers who “think very highly of his practice”.
Nancy Pei wins plaudits from peers for her detailed understanding of the life sciences space, with her practice providing clients with broad experience in the pharmaceutical and medical device sectors.A leading firm in the Canadian market for matters in this space.

Aitken Klee

Three individuals are highlighted from this impressive Canadian firm.
The “very knowledgeable” David Aitken commands a top-drawer reputation in Canada, with respondents to our research describing him as “an excellent litigator” who can boast “many successes for his clients”.
Jonathan Stainsby is “a leading advocate in the country” according to sources who continue to be impressed by his work in the space. He is a “well-known advocate in patent matters” who uses his “strong commercial litigation background” to good effect.
Marcus Klee is “a strong advocate” who is well established in the space. He runs an excellent practice that sees him involved with market access and damages matters in the pharmaceutical and medical device sectors.

Sidley Austin

Four practitioners from the firm are listed.
Jeffrey Kushan is an excellent name in the field with widespread experience in pharmaceuticals, regularly representing a number of blue-chip names in the field, including Amgen and Merck & Co.
David Pritikin brings over 40 years of experience to his patent litigation capabilities, which includes deep expertise in the pharmaceutical and medical devices sectors.

Other Leading Individuals

Canada

Belmore Neidrauer’s Peter Wilcox is highlighted by peers as “a great strategist” and “a top name in the market”. Sources admire his “practical thinking” on matters in the biotechnology and pharmaceutical sectors.
Jason Markwell is “a leading name in the space” according to sources. He is considered a “really strong litigator and a strategic thinker”, as well as “a great lawyer with a strong track record”.

Norton Rose Fulbright’s Judith Robinson wins effusive praise from respondents to our research for her adept handling of such matters as infringement, damages and patent validity disputes.

USA

Paul Weiss Rifkind Wharton & Garrison’s Jennifer Gordon is a top-quality figure in the space who is this year listed as a Global Elite Thought Leader for her outstanding work on biotech and drug patent litigation. Interviewees say: "She is well grounded in science and provides excellent services in litigation related to cutting-edge technology."
Nicholas Groombridge is a distinguished figure in the US market who draws strong praise from peers thanks to his expertise on issues arising from biologics and drug delivery systems.

Knobbe Martens’ Dan Altman is a widely recognised figure in the space with a top-drawer practice. He is known for his expertise on patent protection issues in the chemical, biotechnology and pharmaceutical sectors.

William Rooklidge of Gibson, Dunn & Crutcher is a distinguished name in the space with impressive breadth of experience on domestic patent infringement cases.

 

Asia-Pacific

Global Elite Thought Leaders
1. Philip Kerr Allens, Sydney
2. Odette Gourley  Corrs Chambers Westgarth, Sydney
3. Yoshio Kumakura  Nakamura & Partners, Tokyo

Leading Firms

Allens

This firm is a dominant force in the Australian market, seeing three of its leading individuals highlighted in our guide this year.
Philip Kerr is “a dean of the field” who is this year highlighted as a Global Elite Thought Leader, as a result of the wealth of knowledge that his practice brings for clients on pharmaceutical patent disputes.
Richard Hamer is a prominent figure in the region with a commanding reputation for his excellent ability on life sciences patent disputes, including superb insight into issues relating to blockbuster drugs.
A go-to individual in the market, Sarah Matheson receives high praise from sources this year for her stellar work on patent infringement and validity litigation.

MinterEllison

MinterEllison continues to impress sources in our research, with three practitioners highlighted from the firm.
Wayne McMaster is a well-respected practitioner in the Australian market, admired for his deep understanding of patent infringement disputes in the pharmaceutical sector.
Robert Cooper is an established player in the region and the recipient of effusive praise in our research. He runs an enviable practice that sees him engaged in such matters as drug and medical device disputes.
John Fairbairn is “very strong technically” according to peers in the space. His practice features a wealth of understanding of the biotechnology sector along with superb experience representing clients in litigation.

Other Leading Individuals

Australia

Corrs Chambers Westgarth’s Odette Gourley is a Global Elite Thought Leader in the space who wins effusive praise from peers this year for her excellent work on matters arising from pharmaceutical and biotechnology patent disputes. Biopharmalex is home to Wayne Condon, a distinguished name in the Australian market who earns recognition for his in-depth knowledge of biotechnology and pharmaceutical disputes.

Hong Kong

Bird & Bird’s Alison Wong is a much-respected individual who is highlighted in our research for her extensive experience in cross-border litigation. Matthew Laight maintains a top-tier litigation practice that includes extensive life sciences expertise, including on multi-jurisdictional matters.

Japan

Yoshio Kumakura of Nakamura & Partners is a Global Elite Thought Leader in the field with a commanding reputation in Japan and beyond. He runs an outstanding practice that sees him frequently engaged in chemical and biotech disputes.

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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

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