Marketing a generic or alternative pharmaceutical product has always necessitated an analysis of (most commonly further generation) patents that may stand in the way of a successful launch. But what to do once potential roadblocks have been identified? In the UK, it has long been accepted that generics should ‘clear the way’ to avoid a preliminary injunction (PI). The Dutch approach has traditionally been quite different: PI proceedings take the form of a ‘mini-trial’ on the merits of both infringement and validity of the patent(s) in issue. Recently, however, there has been some movement in the case law of the Patents Court. In this webinar Koen Bi-jvank and Jan Pot discuss these developments and what they mean in terms of litigation strate-gies for both patentees and generics.
Koen Bijvank is a Dutch and European patent attorney (admitted in 1998 and 1999, respectively). He specializes in international patent litigation and regularly appears both in the courts and before the European Patent Office. His practice mainly involves patents in the areas of chemistry, pharmaceuticals and life sciences.
Clients and legal directories say about Koen: “He is extremely creative and always manages to find solutions. Technically gifted, extremely knowledgeable and at the top of his game, he is someone you can be confident in in a courtroom setting.” and “He has a very practical focus that is aligned with business perspectives in situations; he’s not just an academic or a lawyer just giving you lawyer spiel.”
IAM Patents 1000: “Brinkhof has further boosted its contentious capabilities with the recent addition of chemistry and life sciences ace Koen Bijvank; the former V O Patents & Trademark man is a veteran in opposition proceedings before national courts and the EPO.”
Jan Pot (admitted to the bar in 2013) is specialized in patent law. He mainly litigates complex national and international patent disputes in front of the Dutch Courts, and has represented clients in both first instance and on appeal, as well as before the Supreme Court of the Netherlands. He also has experience representing clients in opposition and appeal proceedings at the European Patent Office.
Jan regularly publishes in IP journals and is one of the authors of the loose leaf commentary on the Dutch Patent Act. He is recognized in the 2017 Managing IP - IP Stars, alongside fellow litigator Mark van Gardingen, as "[an] extremely talented individual who [is] excellent at putting together your case in the best possible light".
Before joining Brinkhof in January 2013 and being called to the bar, Jan clerked at the District Court of Amsterdam for several years.