JUVE Comment

This Viennese IP boutique, led by two partners, maintains a strong presence across nearly all areas of IP litigation. However, advisory work predominates in unfair competition law, IT and data protection. The firm’s reputation in patent litigation extends well beyond Austria, built on years of experience. Despite its strong partner-centric focus, the firm likely represents an attractive cooperation partner for IP boutiques from other jurisdictions in UPC litigation where Austrian issues arise. Although the small outfit does not belong to a formal international network, it regularly handles international patent cases, particularly concerning pharmaceutical patents. In UPC proceedings, the firm is likely to appear primarily for defendants, as its current clientele consists mainly of generic drug manufacturers and a medical device manufacturer.

Alongside renowned veteran Lothar Wiltschek, the up-and-coming David Plasser has established himself firmly in the market, earning recognition from competitors for his successes in fair trading and trademark litigation. However, compared to its rivals, the firm has struggled to expand its lawyer headcount, which constrains its overall development. This has led the firm to refrain from more actively growing its trademark prosecution practice.

Under its two partners’ leadership, the boutique has a strong presence in patent, trademark and unfair competition litigation. Both name partners enjoy international recognition for representing generic drug manufacturers in pan-European patent litigation.

However, this business could diminish if plaintiffs opt to bring proceedings before the UPC. The firm’s experience advising on specific aspects of Austrian law in pan-European proceedings seems unlikely to be regularly required in UPC proceedings. Moreover, when it comes to being lead counsel for its client base, Wiltschek Plasser would be competing with firms from other jurisdictions that boast more UPC experience.

Plasser’s strategy to broaden his client representation therefore appears astute. He frequently advises pharmaceutical clients on adjacent matters and trademark law. Additionally, his specialist knowledge on the interface with pharmaceutical law enables comprehensive IP advice and thus attracts new clients. This regularly leads to appointments as lead counsel in proceedings on fundamental issues, including before the European Court of Justice.

Wiltschek remains in demand among regular clients for service invention proceedings, unfair competition law and patent litigation, drawing on his extensive experience. However, questions arise about the firm’s future development should he step down in the foreseeable future, particularly as the firm currently lacks younger lawyers.

Strengths

Patent litigation for generic drug companies.

Recommended individuals

Lothar Wiltschek, David Plasser (“great IP lawyer”, competitor)

Team

2 lawyers

Clients

Litigation: generics company concerning blockbuster; generics company concerning SPC; medical devices manufacturer concerning heart valves; pharmaceuticals manufacturer on service invention proceedings (all public knowledge).