Patents & IP

Patents & IP

Patent license deal monoclonal antibodies between a Dutch biotechnology company and an international pharmaceutical company (2014)

We have advised a fast growing Ducth biotech company in a complex patent and know-how license deal, with regard to proprietary monoclonal antibodies, with one of the largest international pharmaceutical companies worldwide (2014). We have assisted our client in preparing the deal terms, inter alia with the selection and presentation of information, provided an opinion on the validity of patents of third parties and negotiated the contract. 

Advising a national scientific institute and renegotiating a patent licence with a Dutch start-up in the field of DNA technology (2014)

In this case, for a national Dutch scientific institute, we terminated old technology transfer and patent license agreements in the field of DNA technology, that they had concluded with a Ducth start-up company. We formulated new agreements in a clearer, more transparent way, overseeing the negotiation process. 



Advising on technology transfer contracts for a national institution in the field of vaccine research and development (2014)

For our client, we negotiated a number of major licence contracts with Asian licensees in the field of vaccine research and development, focusing in particular on product liability, general liability and the enforceability of royalty payments. 

Advising on the scope of protection and validity of supplementary protection certificates for combination products (2013).

Advising on the scope of protection and validity of supplementary protection certificates for combination products (2013). We advised a client on the validity of a supplementary protection certificate in light of recent developments and relevant rulings of the European Court of Justice. 

Twentse Damast vs Koninklijke Ten Cate, interim court proceedings for the lifting of the attachment of evidence (2014)

Attachment had been levied on one of our client's sales records for certain branded and other products (pursuant to Article 843a Netherlands Code of Civil Procedure). This information was intended to serve as evidence regarding a claim for the revocation of our client's trademark right. However, in order for attachment to be valid, a "claim in the main action" must be instituted sufficiently early for the court hearing the main action to assess the claim. No such claim had, however, been instituted in the main action, concerning a claim for access to the records.

LEO Pharma vs Sandoz (Supreme Court) (patent for calcipotriol monohydrate) (2014)

This case had been ongoing since late 2007. LEO Pharma had a patent for crystalline calcipotriol monohydrate. A central issue in this case was the application of the Problem Solution Approach as applied by the European Patent Office. The district court had considered the patent valid and had allowed LEO Pharma's infringement claims. The The Hague Court of Appeal quashed the district court's ruling and dismissed the claims.

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