Mark van Gardingen Advocaat / Partner

Mark van Gardingen

Partner

Mark is a partner at Brinkhof and one of the founders of our law firm. He specialises in litigation and providing strategic advice on European patent disputes. Mark’s science grammar school education, combined with his Master’s in Patent and IP law from Utrecht University, enables him to quickly grasp any kind of technology and translate it into legal opportunities, be it in the field of electronics, chemistry, biochemistry, mechanical engineering, or any other area.

An energetic approach focused on the end result

Mark’s style is personal, energetic, passionate, pragmatic and always focused on the often-broader end result – the ‘end game’. Last but not least, it is enjoyable to work with him. The cases Mark works on are often international in nature.

What others say about Mark:

"Most Highly Regarded Individuals in Europe for patent litigation" (various international business directories including Legal 500 and Chambers)

"One of the best patent lawyers in the Netherlands by some distance, Van Gardingen is absolutely incredible to watch in court – a persistent, persuasive character who comes up with thorough and captivating arguments" (IAM1000)

Experience & ancillary activities

Mark is highly involved in shaping the future of European patents, particularly concerning the forthcoming changes arising from the introduction of the so-called ‘Unitary Patents’ and the establishment of the ‘Unified Patent Court’ (UPC).

He serves as a board member of the European Patent Lawyers Association EPLAW with official observation status granted by the UPC Administrative Commission. Additionally, he holds a position on the UPC Standing Committee of the international IP association AIPPI. Mark is a member of the IP Advisory Committee of the Dutch Bar and a member of the ‘Commission of Eight’, which serves as a consultative body for the Netherlands Patent Office and the Ministry of Economic Affairs and Climate. In addition, Mark plays an active part in the European Patent Office’s training programme for (prospective) UPC judges, regularly assuming the role of a lawyer in practical cases in accordance with the new UPC rules.

Some of the cases Mark van Gardingen has handled:

  • in Heineken v ABI, Mark represented Heineken in global patent litigation against ABI, which included parallel proceedings in the US;
  • in DOW v Organik Kimya, Mark represented DOW in proceedings related to the misappropriation of trade secrets, which included parallel proceedings in the US;
  • for Boston Scientific, Mark handled patent cases involving various medical devices, including stents and heart valves.
  • in Johnson&Johnson v Abbvie, Mark represented Johnson&Johnson in patent litigation involving anti-psoriasis antibodies;
  • for Carl Zeiss SMT in conjunction with ASML, Mark participated in a global patent dispute against Nikon concerning immersion lithography technology;
  • in Novozymes v DSM, Mark represented clients in a cross-border patent dispute involving enzyme technology;
  • Mark represented international telecommunications companies, including OPPO, in proceedings related to Standard Essential Patents and reasonable royalties.

"Mark van Gardingen is a next generation litigator – intelligent and tenacious who receives high praise for his oral advocacy and strategic foresight."

IAM Patent 1000

"Superb litigator Mark van Gardingen is also recommended for the depth and breadth of his experience in the area."

Who’s Who Legal

"A prominent player in the areas of patent litigation and trade secrets and has particular expertise in pharmaceutical inventions, mechanical engineering and biotech matters."

Chambers and Partners Europe

"Intelligent and tenacious operator who quickly grasps complex technological issues and never loses sight of clients’ interests."

IAM Patent 1000

"Mark van Gardingen is quick and clever, full of energy and in possession of a forceful style that fully gets his points across. Very thorough and a really nice guy, he has the flair necessary to get the ear of the court."

IAM Patent 1000
Mark van Gardingen – Chambers top Ranked Europe 2023 Mark van Gardingen – Chambers top ranked Global 2023 Legal 500 2023 – Leading individual