Five-star litigator with a tremendous ability to see a case from all sides and develop a strategy which can weave through all difficult issues. He is extremely dedicated and has excellent court vision.
IAM Patent 1000
One of the founding partners of HOYNG ROKH MONEGIER, Simon is an English-qualified barrister who is entitled to practice before all Dutch and English Courts. He has a technical background, having originally trained as a chemist and worked for a while at the European Patent Office. Simon’s practice is primarily focused on international patent litigation, though he also has extensive experience in other areas of IP law, including pharmaceutical regulatory and advertising law, agricultural biotechnology, and anti-piracy and anti-counterfeiting.
Whilst most of his work is in the healthcare, biotech, medical device and pharmaceuticals area, he has handled patent cases in a wide variety of other technical fields, including mechanical and electronics-related inventions. Much of the work Simon is involved with is cross-border in nature and he has extensive experience of coordinating multi-jurisdictional IP matters. Representative clients in the pharmaceutical / biotechnology field include Johnson & Johnson, Abbott, Sanofi, GlaxoSmithKline and Pfizer.
- Sanofi v Teva (irbesartan / HCTZ combination SPC). Successfully obtained, in September 2012, a preliminary injunction and recall order against a manufacturer of a generic version of Sanofi’s CoAprovel product, which is used for the treatment of hypertension. This was the first case in The Netherlands involving the infringement of a combination Supplementary Protection Certificate following the decision of the Court of Justice in the Medeva case. The main proceedings are ongoing.
- LifeScan (Johnson & Johnson) v CHI Pharma et al. Successfully obtained ex parte search and seizure orders and an ex parte injunction in a counterfeiting case against the Dutch-based kingpin of a global ring of dealers in counterfeit re-packaged LifeScan OneTouch® test strips for diabetics (2008 to date).
- Representing the patent holders in infringement proceedings relating to the use of antibody phage display for the manufacture and selection of antibody DNA (2010 to date).
- Cordis (Johnson & Johnson) v Boston Scientific and Medinol. Successfully acted for Johnson & Johnson in the “stent wars” against both Boston Scientific and Medinol. This spate of cases included the first ever Dutch anti-suit injunction, obtained by J&J in order to prevent Medinol from relying on its family of almost identical medical device patents, until the validity of the patents was no longer at issue in proceedings before the EPO.
- LifeScan v Roche (2011). Successfully acted for LifeScan in a technical comparative advertising case brought by Roche in respect of medical devices (OneTouch® blood glucose meters).
- Centocor (Johnson & Johnson) v Bayer. Successfully defended Centocor against allegations of patent infringement in respect of a patent directed to monoclonal antibodies to human TNF-alpha. The case relates to dealings in Simponi® (2009 to 2012).
- DSM Foods v Novozymes. Successfully defended Dutch industrial giant DSM in a multi-jurisdictional patent infringement action brought by Novozymes relating to the use of lipolytic enzymes in baking. DSM’s counterclaim for revocation was allowed. The case was notable since it was the first time the Dutch Court had ever invalidated a patent for lack of sufficiency of disclosure (2009 to 2012). Mr Dack’s team takes care of the European coordination of the case.
- Warner-Lambert (Pfizer) v Ranbaxy. Successfully represented Warner-Lambert in its patent infringement action against Indian generics manufacturer Ranbaxy in respect of Pfizer’s blockbuster Lipitor®, the best-selling drug in the world.
- Abbott v Medinol. Successfully defended Abbott against a patent infringement suit brought by Medinol concerning patents on medical devices (coronary stents). The case concerned Abbott’s Multi-Link® family of stents (2009-date).
- Member of the AIPPI, LES, the European Patent Lawyers Association and the Intellectual Property Bar Association.
- Member of the Patent Law Advisory Committee of the Dutch Bar that advises the Dutch government on proposed legislation in the field of intellectual property.
- Member of the Dutch Parliamentary Advisory Committee on Patents (the “Eight Wise Men”).
- Het claimen van medische indicaties (The Claiming of Medical Indications), BIE (March 2010).
- regular speaker on patent litigation related matters
WHAT OTHERS SAY
- “Very knowledgeable and very thorough.” Chambers Global 2020
- “Very good choice. Outstanding in life science cases.” JUVE Patent 2020
- “Fair and intelligent litigator who doesn’t play games.” IAM Patent 1000 2020
- “Pragmatic, result oriented, responsive. Simon Dack is very well respected and knowledgeable.” Legal 500 2020
- “Five-star litigator with a tremendous ability to see a case from all sides and develop a strategy which can weave through all difficult issues. He is extremely dedicated and has excellent court vision.” IAM Patent 1000 2019
- “Very experienced patent litigator.” Chambers Global 2019
- “Sensible, pragmatic and plays straight and hard.” IAM Patent 1000 2017
- “Very diligent lawyer” who is “very pleasant to work with.” Chambers Europe 2017
- “Very experienced.” Legal 500 2017
- “Incredible in pharmaceutical litigation. He has the energy and dedication to really get into the tiny details of his matters.” IAM Patent 1000 2016
- “thorough on technical details.” Chambers Global 2016
- “Dack is incredibly thorough in his approach and has a gift for translating complicated technical concepts into language that laymen can understand. The market’s best lawyer by a mile.” IAM Patent 1000 2015
- Simon Dack “is a brilliant litigator and particularly excellent on pharmaceutical patent matters,” report interviewees. He represented Abbott Vascular in a patent dispute with Medinol. Chambers Global 2015
- “The top-notch Simon Dack “is of the highest calibre – he is very prominent and active in the Netherlands”. One peer confides: “I would go to him if I were in-house and had an important pharmaceutical case.” IAM Patent 1000 2014
- “Sources comment on his “profound knowledge and very strong reputation.” Chambers Global 2014
- “The versatile Simon Dack is an English-qualified barrister and is admitted to practise before both the English and Dutch courts; he originally trained as a chemist and has also worked for the EPO. His experience of multi-jurisdictional briefs is virtually second to none”
IAM Patent 1000 2013
- “Very good”, The Legal 500 EMEA 2013
- “Simon Dack is held in high esteem for his patent litigation practice”, Chambers Global 2013
- “Simon Dack has a diverse practice, with the emphasis falling on life sciences issues. His arrival to Hoyng Monégier is predicted to ‘seal the establishment of a very strong team’.” IAM 250 – The World’s Leading Patent Litigators, 2012
- “A clever and talented lawyer who understands even the most complicated cases quickly”. IAM Patents 1000 2012
- “Simon Dack is recommended for his ‘incredible depth of knowledge’.” Who’s Who Legal 2012
- “Simon Dack has a flourishing litigation practice, and can draw on his background as a chemist”. Chambers Europe 2011
- “Simon Dack is an adroit patent lawyer who is regularly seen acting in pharmaceutical patent disputes. His technical background as a chemist gives him a rare advantage over his peers.” Chambers Europe 2010
Registered as European Lawyer with the Nederlandse Orde van Advocaten (2002)
Called to the Bar of England and Wales, Inns of Court School of Law, Grays Inn, (2000)
European Qualifying Examination for European Patent Attorneys, Munich (1995)
University of London, Queen Mary College (BSc Hons, Chemistry, 1987)