Fleur Tuinzing-Westerhuis

Fleur Tuinzing-Westerhuis

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Fleur Tuinzing-Westerhuis specializes in technology related Intellectual Property matters, with a focus on patents and plant variety rights. In her daily practice, Fleur represents a wide variety of domestic and international companies that are active in technology intensive business sectors, such as Agrifood and Biotech. Fleur is an experienced patent litigator and has, as one of only a hand full of lawyers in the Netherlands, extensive experience in litigation relating to national and Community plant variety rights. Furthermore, Fleur assists clients in implementing Customs seizure actions based on the EU Anti-Piracy Regulation. Over the past 10 years, Fleur has litigated in various cases before the Dutch Courts, the Dutch Board of Plant Varieties and the Office for Harmonization in the Internal Market.
  • recommendation people shaking hands
    ‘Trustworthy, strategic, highly knowledgeable’ counsel Fleur Tuinzing-Westerhuis is one of the key litigators. 
    Legal 500, Intellectual Property: Patents (2018 Edition)
  • recommendation people shaking hands
    "Counsel Fleur Tuinzing-Westerhuis is ‘knowledgeable and hands-on’."
     
    Legal 500, Intellectual Property (2017 Edition)
Fleur has extensive experience in drafting and advising on license agreements, R&D agreements, manufacture and distribution agreements and advising on technology transfer and know-how protection. Furthermore, Fleur regularly assists in technology related transactions and corporate restructuring. Fleur regularly lectures about the protection of innovations and enforcement of intellectual property rights. Fleur is member of the Houthoff AgriFood Group. Fleur is a member of the International Association for the Protection of Intellectual Property (AIPPI), the Licensing Executive Society (LES), CIOPORA (the International Community of Breeders of Asexually Reproduced Ornamental and Fruit Plants) and the Associazione Internazionale Giuristi di Lingua Italiana (AIGLI).
  • Houthoff advised H2 Equity Partners on the sale of Reparenco, a Dutch paper and recycling business, to Smurfit Kappa Group plc for a cash consideration of approximately €460 million. Smurfit Kappa Group plc is one of the world's largest integrated manufacturers of paper-based packaging products with operations in Europe and the Americas.

  • Houthoff represented the shareholders of Plaxinvest B.V. on the sale of their interest in Plaxinvest B.V. to Bentley Systems, Inc. Plaxinvest is the parent company of the Plaxis Group, the leading provider of geotechnical software. This strategic acquisition by Bentley, leading global provider of comprehensive software solutions for advancing infrastructure, serves to make Bentley a complete source for geotechnical professionals.

  • Houthoff represented Mr Perridon and current management of Trust, a consumer electronics manufacturer, on the sale to Egeria. Trust's current board of directors will maintain its active role within the company.

  • Houthoff represented the shareholders of Boal in the sale of a majority stake in Boal Group to Equistone Partners Europe. Headquartered in Naaldwijk, the Netherlands, BOAL Group has 48 years of experience in designing and manufacturing aluminium roofing and sidewall systems for greenhouses and holds a market leading position in the horticultural greenhouse industry. It also supplies the construction, engineering, and transport sectors with aluminium extrusions. The production of its high-performance products is underpinned by its in-house experience, know-how, innovation and aluminium extrusion capabilities across its sites in the Netherlands (‘s-Gravenzande, Maasdijk, De Lier) and the UK(Shepshed). BOAL Group currently employs c.370 people and generated revenues of c.€155m in 2017.

  • Houthoff (co-counsel to Kirkland&Ellis and Dechert LLP, M&A, VDD) advised Wyndham Worldwide Corp on the sale of its European vacation rental business (Landal part) to private equity firm Platinum Equity for approximately USD1.3 billion. This matter is particularly significant/complex because of the multi cross border VDD exercise which Houthoff coordinated for the Landal part of the transaction with multiple park concepts and the very significant real estate component due to the large number of parks operated by Landal over the various jurisdiction (85 in total). We further advised on the competition aspects of various bidders and coordinate and advise on the Dutch works council advice procedure. The client is a NY stock exchange-listed American hospitality company.

  • Successfully representing Nador Cott Protection sarl, holder of the Community Plant Variety Rights relating to the leading mandarin variety Nadorcott, in plant variety rights disputes against various Dutch importers.
  • Representing the French medical device company Biobank in patent litigation proceedings, relating to both validity and infringement of its patents relating to a process for preserving and regenerating human bone.
  • Houthoff represented Bregal Freshstream LLP, a UK-based private equity fund of Bregal Investments LLP, on the acquisition of a minority stake in Euro-Caps Holding B.V., a Netherlands-based company engaged in the manufacturing of private label coffee capsules.
  • Representing the French medical device company Biobank in patent litigation proceedings, relating to both validity and infringement of its patents relating to a process for preserving and regenerating human bone.

  • Representing an US based company specialised in development and manufacturing of airport equipment in trade secret infringement proceedings in The Netherlands. The proceedings are pending at the District Court of The Hague under a confidentiality regime.
  • Advising the Dutch Heart Foundation about IP aspects of multi million Euro funding agreements with consortia of academic medical research institutions for research and development projects.
  • Representing the Italian (veterinary) pharmaceutical company Innovet (part of Epitech Group) in patent litigation proceedings, relating to both validity and infringement of its patent relating to pharmaceutical compositions containing micronized compounds.
  • Advising VAR, a subsidiary of Attero, in a patent infringement dispute relating to a concrete crushing installation.
  • Advising on and litigating infringement of plant variety rights of international seed company Enza Zaden protecting its pepper crops. The case was heard in February 2015 at the District Court of The Hague; judgement is pending. In related proceedings, a successful opposition was filed against the grant of plant variety rights to the infringing variety. In a landmark decision, the Dutch Board of Plant Varieties, on the basis of the evidence provided, reversed its earlier decision to grant the rights, as it considered that the variety had not been developed by the alleged infringer.
  • Advised DNA Green Group, the fastest growing breeder of flowers and pot plants in the Netherlands, in its two major acquisitions of competitors Terra Nigra and Rijnplant and their extensive plant variety rights portfolios.
  • Advised Dümmen, part of DNA Green Group, the fastest growing breeder of flowers and pot plants in the Netherlands, on the acquisition of Florexpo, the global leader in the production of unrooted cuttings, based in Costa Rica.
  • Houthoff advised JAC Capital, a subsidiary of Chinese state-owned investment company JIC, and Wise Road Capital, as lead counsel on the USD 2.75 billion acquisition of the Standard Products business from NXP Semiconductors, one of the semiconductor market leaders worldwide. The transaction is waiting for approval from amongst others of the European Commission, Federal Trade Commission (US), CFIUS and the Chinese Ministry of Trade.
  • Houthoff advised JAC Capital, a subsidiary of JIC Capital - a Chinese state-owned investment company, as a lead counsel on the USD 1.8 billion acquisition of the RF Power Business (radio frequency power amplifiers), from NXP Semiconductors, a Dutch semiconductor manufacturer and one of the semiconductor sales leaders worldwide. The transaction is waiting for their approval of The European Commission, The Federal Trade Commission (US) and Chinese Ministry of Trade.
  • Houthoff advised investment firm H2 Equity Partners on the acquisition of an interest in fixed base flight simulator producer Multi Pilot Simulations B.V. The company has its head office in the Netherlands with a production location in Germany. H2 will support the existing MPS management team in its growth plans.

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