JUVE Comment

This international law firm’s German patent team continues to build on its success, especially in high-stakes technology and life sciences disputes. The tech litigation practice around Jan Ebersohl and Denise Benz is deeply involved in what is likely one of the largest current global SEP/FRAND disputes, defending Samsung against ZTE before the German courts and the UPC. The team is also handling an offensive action for Samsung Display concerning OLED technology. Notable cases also include Dish concerning video streaming.

Meanwhile, the life sciences team led by Stephan Neuhaus remains at the forefront of pan-European litigation, coordinating the continuing defence of Bayer’s blockbuster drug Xarelto across 27 countries. The team achieved a major success by convincing the Munich court to suspend the lifting of its preliminary injunctions, even after the patent was revoked in the first instance. Traditionally strong in coordinating pan-European litigation at national courts, the team has also taken a notable first step into UPC work by filing the first-ever SPC suit for Merz Pharmaceuticals. This case, led by the Paris team alongside Carpmaels & Ransford, also has a German parallel strand and could serve as a springboard to transfer its in-depth experience in pan-European pharma litigation and strong client relationships with pharmaceutical innovators such as Bayer, MSD, and Eli Lilly to the UPC, if these clients decide to make greater use of the European court.

In medtech, the team has also garnered some experience representing Mindray alongside CMS in a dispute against Comen over respiratory machine valves. This attracted new clients such as Avantor. Expanding the team’s footprint in this sector could potentially also boost its profile at the UPC, where medtech companies are exceedingly active as well. Even though the practice continues to grow on associate level, sustainable expansion with another partner in the long term would be an interesting strategic option to strengthen the impact of the life sciences group. The firm recently bolstered the team at partner level with the hire of renowned litigator Constanze Krenz, who joined from DLA Piper. Her experience lies primarily in IT, telecommunications, media, and consumer electronics, as well as technology-driven industries such as automotive, aviation, and manufacturing.

Strengths

Litigation related to mobile communications patents, as well as biotech and pharmaceuticals on the originator side.

Recommended individuals

Denise Benz, Jan Ebersohl (“very good performance, we trust in him”, client), Stephan Neuhaus (“dedicated lawyer with a lot of experience”, client)

Team

11 lawyers, 2 patent attorneys

Clients

Litigation: Samsung against ZTE over 4G/5G; DISH Media/Sling TV against Aylo over adaptive bit rate video streaming; Sunwoda Electronic against Tulip over lithium-ion batteries; Bayer against Accord, Betapharm and others over treatment of thromboembolic disorders rivaroxaban/Xarelto; Mundipharma against Glenmark Pharmaceuticals in damages proceedings; Merz against Betapharm, Aliud Pharma, Stada, Ratiopharm and others over multiple sclerosis drug Fampyra; Mindray against Comen over valve for ventilators. Frequent litigation for Avantor, Giesecke+Devrient, Google, Hoffmann-La Roche (public knowledge).