JUVE Comment

The litigation practice of this full-service firm (biggest in Germany) is shaped by its extensive activity for German midsized technology companies, which give rise to a good flow of work. In addition the firm has strengthened its clients base amongst start-ups in the medical technology sector. Up to now, CMS has been underrepresented in mobile communications but the practice recently showed more presence with a new client defended in a suit from NPE concerning SEPs. The large team is not present in major European patent litigation, however. CMS has onstantly expanded its cross-border advice, leading to closer ties to the patent teams in the international CMS network. The German CMS team also cooperates closely with the offices in Shanghai and Beijing, e.g. in advice to auto supplier Elmos in two cases in China. The team has also worked together successfully with the London patent team for in the pharma and technology sectors, e.g. for a Chinese solar module manufacturer. The German patent lawyers often take the lead on cross-border projects, e.g. in an infringement case for an industrial company in five European countries. This is seen as underscoring the lawyers’ growing significance within the network.

Strengths

Litigation with a broad technical spectrum.

European strategy

With offices in all important UPC locations, the firm has a good setup for the European patent court, even if the individual teams are not at the top of the market in each country. The firm’s work on integrating the network over the past few years has been slow to bear fruit.

Recommended individuals

Matthias Eck

Team

8 partners, 23 associates

Specialties

Large IP group focusing on trademarks and unfair competition. In technical protection rights, mainly litigation and advice on R&D cooperation and licences. Strong focus on the biotech, pharmaceuticals, medical products and mechanics sectors. Advice on the interface with antitrust.

Clients

Litigation: Resuscitec on know-how protection and patents; Häfele in patent dispute in Germany and Russia; Bohle on opposition and possible infringement; Fine Decor on opposition in connection with films for furniture; Stanley Black & Decker on patents, registered design and licences; drinks manufacturer against US manufacturer of reverse vending machines for bottles with refundable deposit; Chinese solar module manufacturer against Asian competitor over solar technology; company from mobile communications sector against NPE over SEP; regular litigation for Erbe, Honeywell; Cooper Standard, Elmos Semiconductors, Fine Decor, Leifheit.