Stephan Neuhaus
Stephan Neuhaus

Dr Stephan Neuhaus

Partner

Stephan is a renowned patent litigator with decades of experience in protecting his international and national client’s market position with a specific focus on the life sciences, biotechnology and chemical industries.

He also advises clients in the telecommunications and engineering sector. Stephan coordinates parallel patent infringement and revocation proceedings in the major European countries, helping clients devise effective cross-border litigation strategies. 

He conducts patent infringement and validity proceedings before the Unified Patent Court (UPC), the German district and appellate courts as well as the German Federal Patent Court and the Federal Supreme Court. A particular focus of his work is enforcing intellectual property rights by way of preliminary injunctions. 

Stephan is recognized as “a known quantity in the life sciences and telecoms spheres” (IAM Patent 1000, 2020). “Dishing out high-quality guidance to a wide range of sophisticated patent owners in the life sciences and chemical industries, Stephan Neuhaus is an adept litigator with a nuanced understanding of infringement proceedings at all court levels in Germany” (IAM Patent 1000, 2024). Stephan is a “life sciences sage who has proved his mettle in a plethora of ity actions before the Federal Patent Court and the Federal Court of Justice” (IAM Patent 1000, 2018). His “adroitness in presenting strong life sciences arguments is much-appreciated by those who rely on him in court” (IAM Patent 1000, 2019). 
 

Expertise

Industries

Experience

Representative matters

  • A global pharmaceutical and healthcare company on numerous preliminary injunction, main action, and nullity proceedings against numerous generics regarding the company’s chemotherapy drug Alimta® (pemetrexed) including winning precedent setting appeal regarding equivalent patent infringement in Germany (previous firm experience).
  • A major Swiss pharmaceutical company on pan-European strategy and coordinating pan-European enforcement of patents against market entry of biosimilar products (previous firm experience).
  • US biotechnology innovator on strategy enforcing patents protecting biological drugs against biosimilar competition including coordinating cross-border proceedings and conducting preliminary injunction proceedings in Germany (previous firm experience).
  • Conducting inspection/evidence gathering proceedings, specifically for inspection of specific sections of the pharmaceutical dossier or for inspection of an antibody manufacturing process at defendants premises (previous firm experience).

Published Work

  • Secondary Liability in Intellectual Property and Unfair Competition Law, Tübingen, 2010
  • Urgency in preliminary injunctions in patent law (with a discussion of Solarzelle II and Bortezomib II), Journal of Intellectual Property Law & Practice, Volume 18, Issue 10, October 2023, Pages 743–748, https://doi.org/10.1093/jiplp/jpad070
  • Ann. re UPC Central Division (Munich), CFI 1/2023, GRUR-Patent 2023, 219
  • Ann. re EPO, T 1984/18 – Verification of electronic payment vouchers, GRUR-Prax 2022, 478
  • Ann. re LG Munich I, judgm. of 2.12.2021 – 7 O 10571/20 – Two-piece dental implant system, GRUR-Prax 2022, 51
  • Ann. re BGH, X ZR 54/19 [German Federal Supreme Court] – Cerdioxid, GRUR 2021, 1048
  • Process patents – paper tigers or effective protective rights? Thoughts on “sufficient likelihood” in the sense of section 140c PatG; DusIP.de, 9 June 2021
  • Ann. re BGH [German Federal Supreme Court] X ZR 54/19 – Cerdioxid, GRUR 2021, 1048
  • Ann. re OLG Düsseldorf [Dusseldorf Higher Regional Court] – I-2 W 6/17 – Östrogenblocker, GRUR 2017, 1107, 1111

Awards

  • LMG Europe “Impact case of the year – Xarelto litigations”, 2024
  • JUVE Patent “One to watch in patent litigation”, 2021
  • LMG Europe Rising Stars Award “Intellectual Property”, 2019

Qualifications

Languages

English, French, German
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.