Frank Eijsvogels
Eijsvogels is exceptional on the procedural aspects of IP law and is willing to try new things that nobody else thinks of, in order to advance his case.
IAM Patent 1000
Partner
Frank deals with all areas of intellectual property law, with a specific focus on patent law and litigates before national courts and the UPC. He specializes in cross-border (infringement) proceedings, in civil procedural law and in customs cases in the field of the Anti-Piracy Regulation. Frank also has extensive experience in reviewing and drafting agreements (on intellectual property (including trade secrets), pharmaceuticals, medical devices, IT) and regularly assists clients in contractual disputes.
Frank is a lawyer at the Supreme Court and one of the few cassation lawyers in the Netherlands who specializes in intellectual property.
Frank is a member of the Standing Committee on Enforcement AIPPI.
Frank is an active member of the editorial board of Intellectual Property & Advertising Law (IPR) and regularly publishes on intellectual property law. He is one of the lead lecturers of the patent law section of the patent attorney professional training program.
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REPRESENTATIVE MATTERS
- Astellas v Sandoz. Defending Astellas in invalidity proceedings relating to its patent and SPC relating to mirabegron for use against overactive bladder.
- Astellas v generics. Defending Astellas in invalidity proceedings against their compound and formulation patent regarding Xtandi tablets to treat prostate cancer.
- Data Detection Technologies v. Doytec. Obtained the first order granting leave for a detailed description and seizure of documents and a sample from the Local Division The Hague of the Unified Patent Court (UPC).
- Pfizer v. GSK. Defending Pfizer in respect of alleged infringement of 3 GSK patents regarding an RSV vaccine.
- Essity. Representing Essity in various patent infringement proceedings related to various types of dispensers.
- Philips v. Lidl. Representing Philips in proceedings before the Supreme Court concerning copyrights on a shaver.
- Hanwha Solutions Corporation v. LONGi Solar. Representing Hanwha in patent infringement proceedings regarding solar panel technology, obtaining a cross-border injunction in the Netherlands without there being a Dutch part of the enforced European patent had no Dutch part.
- H&M v. Adidas. Represented H&M in the appeal filed by Adidas to the Supreme Court against the judgment of the Court of Appeal of The Hague, which ruled that H&M did not infringe on several 3-stripe trademarks of Adidas with the Work Out clothing equipped with 2 stripes. The Supreme Court rejected the appeal.
- Astrazeneca v. Sandoz. Represented AstraZeneca in two proceedings before the Supreme Court in cases in which Sandoz had appealed (Faslodex). The Supreme Court dismissed the appeals
- Easy Sanitary Solutions v. Group Nivelles. Represented Easy Sanitary Solutions in cases before the EU Court of Justice and the General Court in a case concerning the validity of registered Community design rights in an elongated shower drain
- Astellas. Represented Astellas in proceedings before the Supreme Court and before the Court of Justice of the EU in which, among other things, the questions arose as to what is the standard for granting a disclosure claim and for the assessment of a nullity defense to such a claim.
- Solvay v. Honeywell. Represented Solvay in Case C-616/10 before the CJEU and argued that a nullity defense raised in proceedings to obtain a provisional cross-border injunction against patent infringement does not preclude the international jurisdiction of the court to impose a cross-border injunction against infringement. The EU Court of Justice agreed.
- Monsanto v. Cefetra et al. Represented Monsanto in Case C-428/08, the first case before the EU Court of Justice on the scope of protection of biotech patents.
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PROFESSIONAL AFFILIATIONS
- American Intellectual Property Law Association (AIPLA)
- Vereniging Intellectuele Eigendom Proces Advocaten (VIEPA)
- International Association for the Protection of Intellectual Property (AIPPI)
- European Patent Lawyers Association (EPLAW)
- Benelux Association of Trademark and Design Law (BMM)
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PUBLICATIONS
- “Handhaving van intellectuele-eigendom”, deLex, 2017, chapters 13 (alternative claims) and 18 (alternative dispute resolution)(Enforcement of Intellectual Property Rights).
- Chief editor of “Global Patent Litigation” (Kluwer Law International).
- “The new Customs Regulation, the Commission’s proposals relating to trademarks and transit Back to previous Dutch practice?”, BMM Bulletin 2013/3.
- “Bescherming van bewijs in grensoverschrijdende inbreukgeschillen”, IER 2012/68. (Protection of evidence in cross-border infringement disputes).
- Several case comments in the field of intellectual property law, published in IER.
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WHAT OTHERS SAY
- “Frank Eijsvogels is an excellent example of leading patent litigation” IAM Patent 2024
- “Frank Eijsvogels and Laura Fresco are trusted players in the field.” World Trademark Review 2024
- “Excellent litigator who is always willing to go above and beyond” IAM Patent 2022
- “Eijsvogels is a seasoned trial lawyer who communicates directly and has an intuitive sense for mitigating commercial risk.” World Trademark Review 2022
- “The exact and detailed Frank Eijsvogels is very successful at winning, particularly when litigation looms in heavily regulated industries: He is great to collaborate with, listens to suggestions and has great legal and business knowledge.” IAM Patent 1000 2021
- “Eijsvogels delves into the nitty-gritty of each brief to obtain stellar results.” World Trademark Review 2021
- “Dexterous and dynamic, Frank Eijsvogels utilises his vast IP experience to get to the crux of complex issues. Frank is a steadfast partner when it comes to driving desirable litigation outcomes; he pursues business-focused strategies.” IAM Patent 1000 2020
- “A top quality and brilliant litigator” Legal 500 2020
- “Frank Eijsvogels stands out for his patent litigation skills and strategic thinking. He gives the clients the confidence that his solutions are the most appropriate.” Legal 500 2020
- “Anti-piracy guru.” World Trademark Review 2020
- “IP enforcement and transactional ace.” IAM Patent 1000 2019
- “Frank Eijsvogels’ knowledge of patent, design, trademark, trade secret and unfair competition law is second to none.” IAM Patent 1000 2019
- “Enforcement doyen.” World Trademark Review 2019
- “Eijsvogels is exceptional on the procedural aspects of IP law and is willing to try new things that nobody else thinks of, in order to advance his case.” IAM Patent 1000 2015
- “Eijsvogels is admired for his ability to think creatively when deploying the statutory tools at his disposal.” World Trademark Review 2015
- “Straight shooter” Frank Eijsvogels “is emerging from the shadow of Willem Hoyng thanks to his command of the courtroom.” IAM Patent 1000 2014
- “Dexterous operator Frank Eijsvogels is at home in virtually every area of intellectual property and is hugely admired as a litigator and counsellor.” IAM Patent 1000 2013
- “Frank Eijsvogels offers abundant knowledge of IT disputes and drafting of IT related licensing agreements.” IAM Patent 1000 2012
- “Prepares well” and “is a master of Dutch procedural matters” Legal 500 2010
Assistenz
Kontakt
Besucheradresse:
Rembrandt Tower, 30th floor
Amstelplein 1
1096 HA Amsterdam
The Netherlands
Anschrift:
P.O. Box 94361
1090 GJ Amsterdam
The Netherlands
Fakten
Sprachen
Niederländisch, Englisch, Französisch, Deutsch
Ausbildung
Grotius Academie (Information Technology Law, 1998)
University of Hull Law School (LLM, 1992)
University of Utrecht (Law, 1992)
Schwerpunkte
Anlagen- und Maschinenbau
Elektronik, Halbleiter, Computer und Software
EuGH und Verfahren vor den obersten Gerichtshöfen
Life Science Regulatory
Lizenzierung und Übertragung gewerblicher Schutzrechte
Luft- und Raumfahrt, Automotive & Marineindustrie
Marken und Designs
Medizinische Geräte und Diagnostik
Patente
Pharmazeutika
Schiedsgerichtsbarkeit und Mediation
Telekommunikation, ICT und Standards
Unlauterer Wettbewerb und Geschäftsgeheimnisse
Zulassung
1994