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Germany: Patents

Recent decisions handed down from the German Federal Supreme Court on the assessment or novelty, inventive step and computer-implemented inventions have given rise to new and complex challenges for the country’s highly sophisticated intellectual property bar. We recognise 34 lawyers in this chapter whose skills and experience place them in the front rank of the German patent law marketplace.

Reimann Osterrieth Köhler & Haft is the best-represented firm in this chapter, fielding an impressive six lawyers from its Düsseldorf office. Domestic and multinational litigation specialist Thomas Reimann is a “superb practitioner” according to peers, and he regularly acts in matters before the European Patent Office (EPO). Christian Osterrieth represents clients in a range of industries encompassing electronics, IT, medical devices and pharmaceuticals and is hailed as a “world-class” disputes lawyer. Martin Köhler combines strong litigation expertise with “first-rate” licensing, R&D and employee invention work for clients in the mechanical, automotive, chemical and life sciences industries. Patent infringement specialist Klaus Haft regularly acts for clients in the high-tech, energy and automotive sectors and brings “exceptional” technical and scientific knowledge to the table according to sources. Christine Kanz is known for her work on behalf of pharmaceutical and biotechnology clients both in litigation and as an adviser in the drafting of licence, cooperation and R&D agreements. Litigation and design patent “expert” Kay Kasper completes the firm’s strong showing, earning praise for his telecoms, IT, mechanical and medical device-related work.

Four lawyers rank highly at Bird & Bird, including the “internationally prominent” founder of the firm’s German IP group Wolfgang von Meibom. A “legend” in the field of IP litigation and competition work, von Meibom has acted in a number of precedent-setting cases in the German courts, particularly in the electronics and life sciences sectors. Christian Harmsen heads the German IP practice and acts as co-head to the international IP team, having led numerous multinational patent proceedings on behalf of such clients as Honeywell, Electrolux and Pharmacia. Felix Rödiger is a “very well respected” litigator whose work in technically complex patent infringement matters have seen him act before the national, European and US courts. Oliver Jan Jüngst co-heads the firm’s international electronics group and provides “outstanding” patent infringement advice and advocacy to clients in that sector, as well as acting for life sciences and mechanics companies.

Rospatt Osten Pross Intellectual Property Rechtsanwälte is equally well represented. Ulrich Pross is a “well-known” name for his work in infringement, opposition and revocation procedures before the German Patent and Trademark Office, the German Federal Patent Court and the EPO. Max von Rospatt acts in international patent disputes for clients in such diverse industries as pharmaceuticals, mechanical engineering, packaging and consumer goods and peers describe him as a “leading light”. Henrik Timmann focuses his practice on IP rights disputes for US and European clients in the high-tech, chemistry and telecoms sectors, as well as advising on design protection and competition matters. Praised for his work in cross-border patent litigation proceedings as well as his “excellent” knowledge of competition restrictions, Thomas Musmann is a “big name” according to respondents to our survey.

Andreas von Falck leads the international IP, media and technology team out of the Düsseldorf office of Hogan Lovells, where he is known for his work before the German courts and the EPO on behalf of such clients as Merck, Roche and Sanofi-Aventis. Martin Fähndrich specialises in multinational litigation and ADR proceedings, as well as negotiating and drafting licensing agreements for clients in the automotive, electronic engineering, software and medical devices sectors. Martin Chakraborty specialises in complex patent disputes, competition, design law and licensing matters and his clients include HTC and Qualcomm.

At Bardehle Pagenberg, founding partner and litigation specialist Jochen Pagenberg represents clients from a diverse range of sectors, including semiconductors, telecoms, medical devices and automotive and is also “well recognised” for his ADR, competition and licensing work. Johannes Heselberger is also praised for his “high-quality” disputes work before the German courts and the EPO, as is Tilman Müller-Stoy, whose work in infringement suits and parallel invalidation and opposition proceedings is “top tier”.

Krieger Mes & Graf von der Groeben also sees three of its lawyers listed. Name partner Peter Mes is a “leading” IP rights specialist and head of the German section of AIPPI. Jochen Bühling is praised for his licensing and contractual work, while Axel Verhauwen is a “great” litigator, who regularly acts for clients in the telecoms, electronics and life sciences sectors.

Wolf Graf von Schwerin has extensive expertise in IP rights work for clients in the pharmaceutical, medical devices and communication industries and he is one of three lawyers to rank highly from Wildanger Kehrwald Graf v. Schwerin & Partner. Fellow name partner Roland Kehrwald is a “great name” in patent infringement litigation proceedings on behalf of clients in the IT, electrical engineering and genetic and medical technology sectors. Peter-Michael Weisse regularly represents clients in infringement proceedings before the EPO and the German courts and is particularly lauded by peers for his life sciences expertise.

At Freshfields Bruckhaus Deringer LLP, the “exceptional” Frank-Erich Hufnagel heads the patent litigation team and regularly acts for major multinationals before the German patent courts, as well as focusing on technology transfer, licensing and competition work. Peter Chrocziel focuses on contentious and non-contentious IP in the software, communications and IT sectors and is hailed as a “go-to-guy” by contributors to our research.

Klaka Rechtsanwälte also sees two partners listed. Munich-based founding partner Michael Nieder focuses on IP infringement proceedings and unfair competition matters with a particular focus on the food and drug sectors, while in Düsseldorf, Olaf Giebe specialises in infringement matters for pharmaceutical and automotive clients.

Field Fisher Waterhouse LLP benefits from the inclusion of Joachim Feldges, whose international patent infringement and transactional work is held in “high esteem” by sources. At Preu Bohlig & Partner, Peter Kather’s extensive patent disputes, competition, design and employee inventions knowledge is “excellent”. Marcus Grosch specialises in high-tech, biopharma and medical device-related patent litigation at Quinn Emanuel Urquhart & Sullivan LLP and at Vossius & Partner Johann Pitz is well known for his licensing, R&D and competition work as well as his “strong” disputes practice.

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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

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W11 1QQ, UK