The UPC – Three Years In Cross-Border Medtech Patent Strategy in the New European Landscape

Chuck Larsen, Partner, McDermott Will & Schulte

Charles (Chuck) Larsen provides clients sophisticated multijurisdictional counsel in intellectual property portfolio strategy, including patent prosecution, transactions, and disputes, with a particular emphasis in bio medical engineering and life sciences. He is licensed to practice before the US Patent and Trademark Office (USPTO), the European Patent Office (EPO), and the courts of England and Wales.

He has extensive experience in transactional IP matters, including transaction structuring and portfolio due diligence for investments and acquisitions, and negotiating collaboration license agreements, joint ventures, and other strategic commercial contracts involving key IP assets.

He also actively supports and counsels on transatlantic disputes, including US District Court cases, Patent Trial and Appeal Board (PTAB) proceedings, Reexaminations, EPO Oppositions, and litigation in Europe’s Unified Patent Court.

Chuck has advised on a wide range of technology in engineering and life sciences, including medical technology, pharmaceuticals, microfluidics, drug delivery, machine learning, signal processing, combustion, and energy. In the medical technology sector, his experience has involved a wide range of technologies, including medical diagnostics, intravascular devices, respiratory systems, orthopedic implants, cellular therapy, tissue engineering, neuromonitoring, spine technology, electrical stimulation, healthcare informatics, DNA sequencing, software driven devices, and biologic manufacturing.

Henrik Holzapfel, Partner, McDermott Will & Schulte

Hon.-Prof. Dr. Henrik Holzapfel advises on all aspects of intellectual property law. He focuses on litigating patents, including the enforcement of patents essential to industry standards (SEPs) and FRAND defenses. He was among the first international attorneys to file lawsuits before the European Unified Patent Court in collaboration with his U.S. colleagues. Henrik counsels on cross-border and multinational litigation strategies, and he advises his clients on negotiating license and R&D agreements, as well as on IP-related indemnification issues in supply chains.

His clients represent a wide variety of industries such as automotive, IT, pharmaceutical, biotech, medical devices, chemicals and engineering.

Henrik has authored multiple publications on intellectual property law and is a honorary professor at the Leuphana University Lüneburg. Henrik is also a regular contributor to McDermott’s IP Update blog.

Frédéric Chevallier, Partner, McDermott Will & Schulte

Frédéric Chevallier focuses his practice on intellectual property matters, and in particular brings extensive experience leading on cross-border patent patent litigation before the Unified Patent Court (UPC) as well as before French courts. He represents pharmaceutical innovators and high-tech companies in their complex multi-jurisdictional patent disputes including matters involving small molecules, antibodies, Supplementary Protection Certificates (SPCs), medical use claims, and standard essential patents.

He represents clients in infringement and validity proceedings before several central local and regional divisions of the Unified Patent Court, as well as before French courts, in the life sciences and technology, media, and telecommunications (TMT) industries.

His practice also encompasses trademark and copyright litigation, as well as transactional regulatory experience in the life sciences industry.