Prof. Willem Hoyng

Partner

Willem’s practice primarily consists of litigating in the field of intellectual property law.  Willem acts before all the national courts (the courts of first instance, the courts of appeal and the Supreme Court). He also regularly litigates before the Court of Justice of the European Union (CJEU) and the European Patent Office (EPO). Willem is also involved in advising on European patent strategies and coordinating and conducting European patent proceedings. He is the adviser of many innovative Dutch and foreign multinationals, including pharmaceutical and biotechnological companies.

Willem is a professor of Intellectual Property Law at the University of Tilburg.

Willem is one of the founding members of HOYNG ROKH MONEGIER, he was the managing partner of HOYNG MONEGIER from 2011 until 2015, when the firm merged with German IP boutique ROKH IP and stepped down as a managing partner of  HOYNG ROKH MONEGIER in January 2018.

Willem is a member of a select group of lawyers admitted to appear before the Dutch Supreme Court.

He is a member of the drafting committee of the Rules of Proceedings of the future Unified Patent Court (UPC) and member of the Advisory Committee of the UPC Preparatory Committee. He advises also the Dutch Ministry of Economic Affairs on UPC matters.

  • REPRESENTATIVE MATTERS
    • Monsanto v Cefetra. Represented Monsanto in the first patent case (interpretation of the Biotech Directive) before the CJEU.
    • Isover St Gobain v Rockwool. Represented Isover St. Gobain in a patent infringement case lasting 25 years. The Supreme Court confirmed that Rockwool’s patent was invalid and not infringed.
    • Dijkstra v Saier. Represented Dijkstra before the Dutch Supreme Court, which accepted the doctrine of file wrapper estoppel in Dutch patent law. Convinced the Supreme Court to revoke the decision of the Court of Appeal.
    • Van Bentum v Kool. Represented Van Bentum before the Dutch Supreme Court, convincing the court that foreseeable equivalents which the patentee did not claim can still be claimed under the doctrine of equivalents.
    • Mega Brands v Lego. Convinced the Court of Appeal of Den Bosch that, contrary to the earlier decision of the Court of Appeal of Amsterdam, the sale of copies of Lego bricks by Mega Brands should not be prevented under the doctrine of slavish imitation and thereafter convinced the Supreme Court to dismiss Lego’s appeal.
    • Solvay v Honeywell. Argued that Dutch courts can grant cross border injunctions in preliminary injunction proceeding. The ECJ agreed.
  • PROFESSIONAL AFFILIATIONS
    • European Patent Lawyers Association (EPLAW), Co-founder and Former President
    • International Association for the Protection of Intellectual Property (AIPPI), Former President of the Dutch Group
    • IP Advisory Committee of the Dutch Bar, Former Chairman
    • Former member of the Government Advisory Committee on patents
    • Former member of the Supervisory Board of the Academy of the European Patent Organisation
    • Former chairman of the VIEPA, the association of Dutch attorneys specialized in IP matters
  • PUBLICATIONS
    •  De Rechtbank is de weg kwijt. Showing that first instance decision in “Pemetrexed” is wrong (June 2019 IE Forum)
    •  Transborder enforcement of patent rights in Europe, Festschrift Thomas Reimann
    •  100 years of the Patent Act in the land of the Polders, A Century of Patents in the Netherlands
    •  Patent Law and the Dutch Supreme Court, Festschrift De Gryse
    •  The allowability of disclaimers, Festschrift Guntram Rahn
    •  Contributory Infringement, Festschrift Brinkhof
    •  Een pleidooi voor enige demassificatie in het Octrooirecht, 200 jaar Iustitia & Amicitia
    •  De Angorakat, Festschrift Spoor
    •  The Dutch Supreme Court and art. 69 EPC, an inspiration for the UPC, liber amicorum Gielen
  • SPEAKING ENGAGEMENTS
    • Willem is a regular speaker at all types of IP dedicated seminars and conferences. Most recently he held the Hugh Laddie Lecture 2019, spoke at the ELI conference in Vienna in September 2019 and the Venice Patent Judges Conference in October 2019
  • WHAT OTHERS SAY
    • “A strong fighter, pragmatic, open and direct, as well as strategically very good.” Chambers Global 2020
    • “Brilliant strategic thinker” JUVE Patent 2020
    • “Undoubtedly a superlative lawyer and one of the best in the country.” Legal 500 2020
    • “Adept at compressing very complicated issues into comprehensible language. An unrivalled force in the Dutch trademark sphere.” World Trademark Review 2020
    • “Knows the court system inside out.” IAM Patent 1000 2020
    •  “Willem Hoyng is a consistently recognised leader in the field with unrivalled experience and expertise at domestic, European and Supreme Court level.” Chambers Europe 2019 
    • “The best patent lawyer in the Netherlands.” Chambers Global 2019 
    • “He has the most rigorous legal mind and is a top-flight strategic thinker who knows how the courts approach matters. He is the person you need by your side in a big case.” IAM Patent 1000 2019 
    • “He’s an extraordinary lawyer who can do anything.” World Trademark Review 2019 
    •  “Willem Hoyng is a “formidable litigator” and an “excellent advocate who is very well known and respected.” Chambers Europe 2018 
    • “Outstanding” IAM Patent 1000 2017 
    • “The straight-talking Willem Hoyng is “the best-known litigator in the Netherlands. He combines so many excellent qualities – he is thorough, persuasive and persistent, and his vast experience makes him an authority whom judges look up to.” IAM Patent 1000 2016 
    • Sources are quick to applaud Willem Hoyng as “really in a different class. He is an extremely strong litigator who immediately drills down to the issue and familiarises himself quickly with all aspects of the case. He has a broad practice and is widely regarded as one of the best patent litigators on the market.” Chambers Global 2015 
    • “Absolutely stellar and one of the best patent litigators in Europe. He is able to plead before the Supreme Court and is valued by clients for his presence and impact in the courtroom.” Chambers Global 2014
    • “Maybe the greatest litigator there has ever been in the Netherlands” World Trademark Review 2013 

Kontakt

Besucheradresse:

Rembrandt Tower, 30th floor
Amstelplein 1
1096 HA Amsterdam
The Netherlands

Anschrift:

P.O. Box 94361
1090 GJ Amsterdam
The Netherlands