Pharmaceuticals

HOYNG ROKH MONEGIER has a long history of working with innovative pharmaceutical companies to protect and maximize their intellectual property rights and assets. Our top-tier litigators help many of the world's largest pharmaceutical companies achieve their goals by advising on and litigating issues relating to patent and SPC infringement and validity, regulatory data protection, theft of trade secrets, antitrust violations, trade marks and advertising.

We have extensive experience in the field of pharmaceuticals, ranging from small molecules, vaccines, monoclonal antibodies and crystalline forms to formulation technologies and second medical uses.

Our attorneys have the requisite technical background and regulatory expertise to tackle the myriad legal issues that arise in the pharmaceutical sector. We offer a one-stop shop for multi-jurisdictional pharmaceutical litigation and advisory work in Europe.

  • REPRESENTATIVE WORK
    • Assisting a pharmaceutical company with the enforcement of a blockbuster patent for rosuvastatine to reduce cholesterol levels and prevent cardiovascular disease.
    • Conducting patent litigation regarding a combination formulation of fluticasone and salmeterol, used in the management of asthma and chronic obstructive pulmonary disease.
    • Leading multi-jurisdictional patent litigation regarding pregabalin to treat neuropathic pain, including litigation before the CJEU on the policies of national regulators in respect of carve-out market authorizations.
    • Defending, in various EU countries, the validity of a basic patent and SPC for escitalopram to treat major depressive disorder or generalized anxiety disorder, up to (and prevailing before) the Dutch Supreme Court.
    • Conducting multi-jurisdictional SPC proceedings relating to a blockbuster drug combination, including litigation before the CJEU regarding Article 3a of the SPC Regulation.
  • MORE EXAMPLES
    • Enforcing a 3D trade mark for a medical dispensing system in various proceedings in the framework of a pan-European dispute and defending the shape mark in invalidity and revocation proceedings before the national courts.
    • Conducting patent litigation with respect to crystal forms of clarithromycin.
    • Conducting patent litigation regarding DP-IV inhibitors as a new class of anti-diabetic medication.
    • Defending the validity of an SPC for a combination of irbesartan and hydrochlorothiazide in light of Article 3(a) to (c) of the SPC Regulation.
    • Representing a pharmaceutical company with respect to its portfolio of patents for aripiprazole for the treatment of schizophrenia and bipolar disorder.
    • Conducting patent litigation regarding sildenafil, used to treat erectile dysfunction and pulmonary arterial hypertension.
    • Enforcing damages claims following patent infringement through early entry of a generic drug; advising on enforcement of regulatory data protection.
    • Advising on drug advertising legislation.
    • Enforcing a patent for the combination of calcipotriol and betamethasone to treat psoriasis.
    • Conducting patent litigation relating to lacosamide, for the treatment of partial-onset seizures and diabetic neuropathic pain.
    • Representing a pharmaceutical company with respect to the infringement and validity of a dose regimen and formulation patent for the combination of formoterol and budesonide to treat asthma.
    • Conducting patent litigation regarding tiotropium bromide capsules, a long-acting bronchodilator used in the management of chronic obstructive pulmonary disease and asthma.
    • Conducting patent litigation with respect to glatiramer acetate, used to treat multiple sclerosis.
    • Leading multi-jurisdictional SPC infringement and validity litigation relating to a blockbuster anti-cancer drug.
    • Representing a pharmaceutical company with respect to litigation in relation to a patent on a combination formulation of emtricitabine and tenofovi used to treat and prevent HIV/AIDS.
    • Conducting patent litigation with respect to bortezomib, an anti-cancer drug and the first therapeutic proteasome inhibitor to be used in humans.
    • Enforcing a patent for a PCV2 vaccine.
    • Representing a pharmaceutical company in cross-border patent litigation relating to a sustained release formulation for quetiapine to treat schizophrenia.
    • Conducting patent litigation regarding tamsulosin, used to treat prostatic hyperplasia and chronic prostatitis and to improve the passage of kidney stones.
    • Conducting patent litigation relating to buprenorphine patches for pain relief.
    • Conducting patent litigation relating to combination formulations of atovaquon and proguanil to prevent malaria.
    • Defending the validity of a blockbuster patent for esomeprazole to reduce stomach acid.
    • Conducting patent litigation regarding nebivolol, a beta blocker used to treat high blood pressure and heart failure.
    • Conducting patent litigation with respect to tibolone to treat menopausal complaints and litigation relating to a combination medicine for the treatment of anemia in piglets.
    • Representing a pharmaceutical company in SPC litigation relating to memantine, used to treat moderate to severe Alzheimer’s.
    • Conducting patent litigation regarding controlled release oxycodone compositions.

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