Most Highly Regarded Practitioners: Patents 2010

• October 2008

• Patents

Our research into the world's leading patent attorneys finds 391 practitioners in 52 jurisdictions with the technical expertise and business savvy needed to succeed in a field increasingly characterised by complex, multi-jurisdictional suits and multi-lingual client-partner coordination. We found three firms that lead the field for patent work: unsurprisingly they enjoy a strong presence in numerous international jurisdictions.

With 15 lawyers from seven jurisdictions listed in this edition, Howrey LLP is unrivalled for international reach and number of partners on our list. The firm boasts one of the world's largest intellectual property practices, with 275 professionals worldwide, and has been named the world's leading patent law firm in The International Who's Who of Business Lawyers. A "first-tier litigator", Willem Hoyng manages the firm in Europe, and he is the most highly nominated of the firm's nine European representatives in this edition. Hoyng recently closed a major patent infringement case on behalf of Isover St Gobain against Rockwool, and also counts Dijkstra, Ballantine and Van Bentum among his clients. Bart van den Broek is managing partner of the firm's Amsterdam office and specialises in electronics, telecommunications and computer-related technology patent litigation.

"One of the best in Europe", Benoît Strowel heads the firm's European IP team. A partner in the Brussels office, he specialises in pharmaceuticals and biochemical products, Strowel recently represented Abbot Laboratories in a dispute with Eurogenerics, Ratiopharm, Merck and Sandoz, against their attempt to launch a generic version of one of its antibiotics upon expiration of the data exclusivity period, and Bayer and Talecris in a multi-jurisdictional dispute against Baxter International. Also based in Brussels office, where he heads the firm's regional IP team, Carl De Meyer's recent clients include Avery Dennison, Mega Brands and Procter & Gamble. Joachim Feldges joined Howrey's Munich office last year and has quickly established himself as one of the firm's best, with an international reputation in drafting and negotiating technology transfer agreements in the biotechnology and pharmaceutical sectors.

Managing partner of the Paris office, Marina Cousté is "very active" in patent litigation cases, having recently represented Essilor, Institut Pasteur and Philips. Denis Monégier du Sorbier joined Howrey from Linklaters last year, and works alongside Cousté at the Paris office. Two attorneys are also listed at the firm's London office: Mark Hodgson advises pharmaceutical and biotechnology companies in IP matters and regulatory and product liability issues, and he is joined by Richard Willoughby, who supplements his "outstanding" patent practice with "highly regarded" trademark, copyright and trade secrets work.

Henry Bunsow is managing partner of Howrey's Northern California offices and is based in San Francisco. Bunsow is considered a "leader in the field" for high-tech and biotech patent litigation cases, with recent clients including O2 Micro and Digene. Glenn Rhodes divides his time between the firm's San Francisco and Taipei offices, and has handled international patent litigation disputes on behalf of Celanese International and Intel. William Rooklidge, a resident of the Irvine, California, office, has established a "very good reputation" for infringement litigation work in the communications, motor-vehicles, software and financial services sectors.

In the Houston office, John Lynch is "one of the deans of the Texas Bar" with more than 30 years' experience in patent litigation. In the Washington, DC, office Cecilia Gonzalez vice-chairs the firm's executive committee and board of advisors and co-chairs the intellectual property practice group. Litigation expert William West joins her on our list.

Bird and Bird's reputation as "one of the leading patent firms" is cemented by the inclusion of 12 of its lawyers from six offices in this edition. London is the best represented office, with five attorneys, including "heavy hitter" Trevor Cook, who places first overall in our research. "Unquestionably one of the best in the world", Cook is treasurer of the UK group of the International Association for the Protection of Industrial Property (AIPPI) and secretary to the British Copyright Council's standing committee on copyright and technology, and has litigated in such high-profile cases as Unilever v Procter & Gamble, Oxford Gene Technology v Affymetrix and Ranbaxy v Warner Lambert.

Joint head of the firm's IP group Morag Macdonald was described as "extremely good" for her coordination of multi-jurisdictional patent actions, placing her in the upper reaches of our research. Leader of the firm's international life sciences group, Gerald Kamstra is "highly regarded" and is particularly well thought of for contentious IP, commercial and regulatory work in the pharmaceutical sector. Jane Mutimear has acted in numerous hi-tech cases, and was a prominent figure during our research, as was the "excellent" pan-European litigator Neil Jenkins.

The "very active" Yves Bizollon divides his time between the firm's Paris and Lyon offices and acts as joint head of the firm's IP practice in France, specialising in patent litigation and unfair competition. In our Germany list, Bird and Bird fields two professionals: Wolfgang von Meibom and Christian Harmsen. Joint head of the firm's international intellectual property group, von Meibom has handled numerous life sciences and pharmaceutical litigations, as well as competition and trademark disputes. Harmsen joins Von Meibom at the Düsseldorf office and in recent years has handled multi-jurisdictional proceedings for Honeywell, Electrolux and Pharmacia.

Bruno Vandermeulen heads the intellectual property department of the firm's Brussels office and was strongly recommended for his cross-border patent litigation strategies. In The Hague, Marc van Wijngaarden is also recognised for his cross-border work for leading companies in the pharmaceutical, chemical, electronic and mechanical engineering sectors. Joint manager of the firm's Dutch offices Armand Killan specialises in international patent and trademark counterfeiting cases, and was described as an "excellent litigator" by respondents to our survey. Matthew Laight, managing partner of the Bird and Bird's China offices, focuses his practice on litigation for multinationals in China, and completes the firm's strong showing in this publication.

Lovells fields eight professionals from six jurisdictions throughout Europe and Asia in this edition. In the London office Nicholas Macfarlane boasts over 25 years of experience in IP matters and has represented leading pharmaceutical companies on both sides of the Atlantic. Joining him here is Robert Anderson, whose chemical, pharmaceutical and biotechnology patent work has included matters relating to metallocene catalysts, the hepatitis D virus, fungal phytase genes, oncogenes and anti TNF antibodies. The firm's Amsterdam office also provides our list with two representatives: Bert Oosting and Klaas Bisschop. Oosting heads both the firm's IP and information technology group and the pharmaceutical group in Amsterdam, and was recognised for his "top" work for innovative pharmaceutical companies. Bisschop focuses on patent litigation and represents clients in the bio and information technology sectors, including internet-related litigation.

Krystyna Szczepanowska-Kozlowska represents the firm in Poland. Professor of IP and Civil Law at Warsaw University, she advises clients from the software and pharmaceutical sectors in trade secret and data protection cases, and on IP rights protection, among other things. Considered "one of the best in Germany" by sources, Andreas von Falck specialises in litigation and counselling on behalf of pharmaceutical, medical devices and biotechnology clients.

Henry Wheare is "a mainstay" of the Hong Kong office, where he heads the firm's Asia-wide IP practice group and handles complex patent litigation and cross-border IP disputes for regional and international corporations. In Japan Eiichiro Kubota specialises in patent counselling and litigation work, and is considered "one of the region's leaders".

USA

American attorneys account for almost a third of the lawyers in the edition, with many of the firms below fielding multiple representatives.

The "outstanding" Donald Dunner of Finnegan Henderson Farabow Garrett & Dunner LLP is one of the most highly regarded names on our list. Dunner focuses heavily on IP litigation and was recently involved in the complete reversal of an $80 million jury verdict for Mattel. Also included from the firm's 375-strong IP team is arbitration and litigation expert Ford Farabow, whose clients include Hercules Incorporated, Cryovac and AstraZeneca. Based at the firm's Reston, Virginia, office, Charles Lipsey is also "first rate" for patent infringement litigation; he has a particular focus on the mechanical, electrical and chemical technologies sectors. Also in Virginia David Hill, a former technical adviser for the US Court of Customs and Patent Appeals is "extremely well versed" in the Japanese patent market.

A "big name" in Palo Alto, Michael Elmer focuses his litigation work on the coordination of the firm's global IP litigation project, assisting clients in resolving international patent disputes and implementing global offensive and defensive strategies. Thomas Jenkins is chairman of the firm's management committee and litigates on behalf of pharmaceutical and biotechnology companies, as well chemical and mechanical manufacturers. Joining Jenkins in the DC office is senior counsel Brian Brunsvold, who boasts over 35 years of licensing and patent infringement experience, and is also well recognised for his work with chemical and pharmaceutical companies.

At Kenyon & Kenyon LLP, the "very strong" Richard DeLucia has recently litigated on behalf of a diverse range of clients including Sony, Savient Pharmaceuticals, Teva Pharmaceuticals USA and Heidelberg Harris, and he gets a high billing in this edition. He is joined on our list by "an excellent team" of three other partners. George Badenoch heads the firm's electrical and mechanical practice group and has extensive experience and a "formidable reputation" for his patent litigation work for computer companies, semiconductor and pharmaceutical producers, and automobile parts providers. Stuart Sinder is co-chair to the electrical and mechanical group, and recent engagements include Telcordia Technologies v Alcatel SA and Alcatel USA, and Twentieth Century Fox Film v Marvel Enterprises. James Galbraith completes the firm's impressive showing here, receiving praise for his IP litigation work before the Federal Circuit, which has seen him act for pharmaceutical and agricultural chemical producers and computer product companies including Hewlett-Packard and Agilent Technologies.

Robert Krupka is seen as "one of the top lawyers" for patent work, and our findings confirm this. The Kirkland & Ellis LLP partner, who co-heads the firm's IP group, has acted in complex IP disputes such as Medtronic v Michelson and Honeywell v Hamilton Sundstrand, and featured prominently in our research. John Desmarais is another high-ranking name at the firm and represented Alcatel-Lucent in its $1.5 billion patent infringement win against Microsoft. William Streff focuses primarily on patent litigation for computer hardware, software and semiconductor companies and was classed "among the best" by our sources, as was Peter Armenio, who concentrates on the trial and appeal of patent infringement actions, and counts American Express and Boston Scientific among his clients.

Ropes & Gray LLP also has four nominees in this edition. First among these is Jesse Jenner, an "excellent" international litigator whose recent work has taken him to Israel, Sweden and Japan and has included acting for clients such as Motorola and VTech. James Haley heads the firm's patents and IP group and focuses on international patent procurement, enforcement and defence within the biotechnology, pharmaceutical and chemical sectors. Robert Morgan also received several nominations for his "exceptional" trial work on behalf of telecoms, electronics and semiconductor technology companies. Bob Goldman engages in complex IP matters with particular reference to the pharmaceutical and medical device sectors, and is "an excellent, practical litigator", according to respondents.

The "great" Thomas Beck was the most highly nominated candidate from Sidley Austin LLP's patent team, renowned for his litigation work in complex chemical and pharmaceutical matters. Joining him is chair of the national IP practice David Pritikin, who has litigated in numerous cases involving pharmaceutical products, as well as acting for software and semiconductor companies. Richard Cederoth is also concerned with litigation on behalf of software and semiconductor producers, while the "very fine" Bryan Medlock brings 35 years' experience to the table with varied experience as arbitrator, mediator and expert witness in numerous patent cases.

Foley & Lardner LLP fields three professionals here, with Harold Wegner receiving the most nominations at the firm. Wegner operates out of the Washington, DC, and Tokyo offices and specialises in patent law simplification and implementation of modernised patent systems worldwide. Richard Florsheim was praised as "an excellent litigator" with victories in numerous large cross-border disputes to his name and chairs of the firm's industry teams department. Stephen Maebius specialises in nanotechnology and life sciences having previously worked as a patent examiner in the US patent and trademark office.

A founding member of Knobbe Martens Olson & Bear LLP, Don Martens was described as a "more-than-excellent lawyer" by respondents and was among the most mentioned names in our research. Martens has 40 years of experience both in court and in arbitration and currently serves as an arbitrator and mediator in IP disputes. Also a dispute resolution specialist at the firm, Joseph Re's recent engagements include Heuft Systemtechnik GmbH v Industrial Dynamics Co and Applied Medical Resources v United States Surgical Corp; and he earns high praise from respondents.

The "terrific" Morgan Chu is considered "one of the top 10" in the US by sources, and our research confirms this. A partner at Irell & Manella LLP, Chu has recently acted as plaintiff's lead trial counsel in such cases as City of Hope v Genentech, Stac Electronics v Microsoft and Immersion v Sony.

Co-head of the IP and technology group at Skadden Arps Slate Meagher & Flom LLP, Edward Filardi is among the most eminent lawyers in our US list. "A disputes expert", Filardi acts on matters involving medical devices, pharmaceuticals, computer software, telecommunications and mechanics in federal and state courts.

At Fitzpatrick Cella Harper & Scinto, Robert Baechtold acts as chair of the pharmaceuticals and chemicals litigation group and is considered a "major player" for IP litigation, with clients including Bristol-Myers Squibb, AstraZeneca and Yamanouchi.

EUROPE

The coordination of cross-border transactions is commonplace in a patent law context in Europe, and many of the practitioners listed in this section regularly handle pan-European engagements.

London is one of the major centres for patent law in Europe, 25 lawyers based there make it onto our list of the world's best.

One of the most popular names in London is the "excellent" Kevin Mooney of Simmons & Simmons. Mooney focuses on patent litigation, particularly within the pharmaceutical sector and counts GlaxoSmithKline, Sanofi Aventis and Lundbeck among his clients. Also highly rated for his litigation work at the firm is Rowan Freeland: he too has represented GlaxoSmithKline, and also has Conor Medsystems on his client list. Both attorneys were among the most highly rated in the world.

David Perkins heads the IP practice at Milbank Tweed Hadley & McCloy LLP, and is another highly regarded London name. Perkins concentrates on multi-jurisdiction patent litigation and related competition matters, with current areas of focus including medical devices, telecoms and pharmaceuticals. Tim Powell at Powell Gilbert LLP is also well recognised for his multi-jurisdiction coordination work, and he is joined by fellow name partner Penny Gilbert. The firm's recent work has focused heavily on biotechnology, encompassing anti-bodies cases, DNA micro-array technology and genomics and sequencing patent litigation.

Three nominees give Taylor Wessing LLP a strong presence in this edition; Richard Price receives the most nominations of the group. Price argued successfully before the House of Lords and the Privy Council on behalf of such clients as Asahi Chemical and Canon. James Marshall joins him here, earning high praise for his litigation work for engineering, electronics, biotechnology and pharmaceutical companies, while Gary Moss, whose recent engagements include Pall v Commercial Hydraulics and SKM v Wagner Spraytech, is also included.

Two highly nominated lawyers ensure Bristows' place among the leading firms in London. Sally Field appears in the upper reaches of our research in this edition, having worked on numerous cases before English courts of all levels as well as being involved in EPO opposition proceedings in Munich. The "excellent" Edward Nodder joins Field on our list. Nodder's client portfolio includes 3M, Novartis and Gillette, and he is involved in major inter-jurisdictional cases.

Linklaters LLP provides two lawyers from London for our list: Ian Karet and Nigel Jones, alongside Marianne Schaffner at the Paris office. Karet specialises in the IP issues arising from acquisitions and disposals as well as patent litigation on behalf of biotech, healthcare and high-tech companies, while Jones focuses his IP practice on assisting multinational pharmaceutical companies to coordinate international patent disputes. Schaffner concentrates on healthcare, pharmaceutical and high-tech litigation in numerous EU jurisdictions.

"A leader in the field", Pierre Véron of Véron & Associés received the highest number of nominations in France. Joining him here are his partners Isabelle Romet, a pharmaceutical and chemical industry patent litigator; and Thomas Bouvet, a patent validity and infringement litigation expert. Also based in Paris, Cabinet Hirsch & Associés fields two lawyers for our list: Marc-Roger Hirsch and Gregoire Desrousseaux. Managing partner of the firm, Hirsch occupies himself with pan-European patent litigation as well as copyright and trademark infringement work. The "excellent" Desrousseaux is also highly thought of among our sources.

Five Allen & Overy lawyers are included from three European jurisdictions, including two from France. Pierre Lenoir is head of IP and information technology in the firm's Paris office, and is "very well thought of" in cross-border patent and trademark matters. Joining him in Paris is pharmaceuticals expert Laëtitia Bénard, while in London the "energetic and ambitious" Nicola Dagg, who recently led the firm's UK team advising Research in Motion and T-Mobile appears. In Belgium Geert Glas is a prominent name, focusing on the telecoms and media as well as the biotech and pharmaceutical sectors; in Germany the "very active" Marcus Grosch focuses on national and cross-border patent infringement litigation and technology transfer.

Foremost on the German list is Jochen Pagenberg: co-founder and senior partner of Bardehle Pagenberg Dost Altenburg Geissler. He is reported to be "the number one lawyer at the number one firm in Germany" for patent work, boasting a portfolio of major clients drawn from the pharmaceutical, biotech and electronic sectors. Partner Reinhardt Schuster is also considered "fantastic" at the firm, and he handles multinational patent conflicts in relation to pharma, biotech and medical devices.

Another "extremely good firm" from Germany, Reimann Osterrieth Köhler & Haft, fields two attorneys on our list. Thomas Reimann brings 35 years' experience to the table, acting for clients before the national German courts as well as coordinating multinational litigation proceedings. Joining him is Klaus Haft, who advises in patent infringement litigation and subsequent litigation regarding damages in all aspects of IP law.

The Dutch market reveals itself to be a vibrant hub for patent work -17 professionals make it on our list. With four nominees, Brinkhof seems to be the strongest firm in the Netherlands, with Richard Ebbink described as "very well known" throughout Europe, Ebbink concentrates on conducting and coordinating European patent litigation and has represented clients before the courts of The Hague. Name partner Jan Brinkhof is also mentioned for his litigation and international strategic planning and coordination, while Peter Burgers focuses on multi-jurisdictional biotech and high-tech joint ventures.

De Brauw Blackstone Westbroek also has an impressive patents team, three of whom appear in this edition. The "tier one" Constant van Nispen has litigated before the Dutch national courts and the European Court of Justice and counts Johnson & Johnson among his clients, and he was the most nominated name at the firm. Simon Dack is another leading name; "very knowledgeable on the technical aspects of patents", his pharmaceutical patent work has seen him litigate in respect to numerous drugs, including Losec and Paroxetine. "Strong (...) technology focused" Gertjan Kuipers is also included here. He brings with him an excellent reputation in trademark and patent litigation in the fields of consumer goods, computer technology, mechanics and biotech.

In Switzerland Lenz & Staehelin leads the field, with two attorneys on our list. Thierry Calame is "an excellent litigator" and international arbitrator, with a focus on pharmaceuticals, semiconductors and electrical engineering. Joining him is Martin Lutz, one of the longest-serving and "best respected" practitioners at the firm, who divides his time between his litigation and arbitration and his position as president of honour of the International Association for the Protection of Intellectual Property (AIPPI). Patrick Troller at Troller Hitz Troller & Partners received the most votes of any practitioner in Switzerland and concentrates on IP and competition law, acting in arbitration proceedings, providing counselling and working as a notary.

At Plesner in Denmark the "excellent" Peter-Ulrick Plesner tops our research, focusing his practice on national and international patent conflict resolution. Considered "the best" in Italy for patent work, Fabrizio Jacobacci at Studio Legale Jacobacci & Associati also handles trademark infringement work, publishes widely and tutors postgraduate courses in IP law at the University of Turin.

OTHER REGIONS

Canada is home to a number of powerful patent firms including Gowling Lafleur Henderson LLP and Smart & Biggar/Fetherstonhaugh, both of which field four representatives in this edition. Alexander Macklin QC in Gowlings' Ottawa office is "one of the top guys in the field" regularly appearing before the federal court of Canada and handling cross-border patent cases involving the US. Another "leading" partner at the firm is Anthony Creber, whose clients include Eli Lilly, Schering-Plough and Sanofi-Aventis. John Bochnovic is the highest rated patent attorney at Smart & Biggar/Fetherstonhaugh, advising clients in the pharmaceutical, communications, computer and electronics sectors. At the same firm, Michael Manson places highly in our research, with a "great reputation" for litigation both at the federal level and in the courts of Ontario and British Columbia.

The most prominent name in the country is Daniel Bereskin QC, founding partner of Bereskin & Parr, whose practice consists of litigation, mediation and arbitration in all aspects of patent and trademark law. "Great" litigation expert Robert MacFarlane, who has recently handled cases on behalf of banks and the Data Treasury, as well as hydrocarbons and farm equipment related engagements, joins his partner Bereskin on our list. Another "leading light" in Canada is Donald Cameron of Cameron MacKendrick LLP, who litigates for companies in numerous sectors including electromagnetic fields and induction, semiconductor chip fabrication, mechanical devices, bioengineering and pharmaceuticals.

Respondents heaped praise on Shlomo Cohen of Dr Shlomo Cohen & Co in Israel. "A leading litigator", Cohen was recommended by local and international practitioners who look to him for multi-jurisdictional coordination. Sanford Colb at Sanford T Colb & Co is also "excellent, with a great reputation in the market."

Three practitioners lead the field in Korea, foremost among them being Yoon Bae Kim. Managing partner of Kims & Lees, Kim focuses on mechanical patent prosecution and litigation, among other things. "Top firm" Kim & Chang fields two attorneys in this edition: Jay Young June Yang and Young Kim. Yang was praised for his dedicated "litigation focus" in domain name disputes, cyber-squatting and other internet-related matters, while Kim focuses on pharmaceuticals as well as corporate work.

Eiji Katayama is the most prominent name in Japan, described as "excellent" and "a top-tier lawyer" by respondents, his practice focuses primarily on chemistry, electronics and machinery-related litigation, and he has handled several cross-border cases. Seiji Ohno of Ohno & Partners is also "highly regarded" for his litigation and licensing work, and last year he held the position of adjunct professor in intellectual property law at Keio Law School. Osamu Suzuki at Yuasa and Hara is another "well thought of" name.

Davies Collison Cave Solicitors dominates the list for Australia, with four attorneys making the cut. Desmond Ryan acts as a consultant at the firm after decades of service, with substantial expertise in technology transfer and licensing agreements. Ian Pascarl also ranks highly, dividing his time between IP and competition law in the pharmaceutical and life sciences sectors. Topping the list in Australia is the "very knowledgeable" Wayne Condon of Griffith Hack, who concentrates on international pharmaceutical patent infringement cases. Allens Arthur Robinson also fields a convincing three nominees, of which consultant and past executive president of AIPPI Michael Dowling is the foremost name.

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