JUVE Comment

This well-positioned litigation practice is firmly anchored among German Mittelstand companies strong in the technological sectors, conducting, for example, major proceedings for Erbe regarding medical products. Leifheit also instructed CMS firms in six European countries for numerous cases involving kitchen scales. Mobile communications and connected cars suits are beginning to play a greater role and the German practice made a breakthrough here: in connected cars cases, it now represents suppliers in the courtroom and also advises them behind the scenes. The firm is also active for a US carmaker in suits by two NPEs, as well as representing a mobile communications manufacturer against suits by two SEP holders. Unlike the connected cars suits, the latter are part of cross-border series of proceedings and it is not unusual for other CMS offices in Europe to open the door to such top-level companies for the German team. The firm also stepped up work for German companies like Elmos in China, as well as for Chinese companies before the German courts, one example being Jinko Solar in a dispute over solar technology before Düsseldorf Regional Court. Within the CMS network, the German CMS patent team often calls on the patent attorneys at legacy firm Olswang which is now part of the London office.

Strengths

Litigation with a broad technical spectrum.

European strategy

With offices in all of the important UPC locations, the firm has a good setup for the European patent court as well as for cross-border disputes, even if the individual teams are not at the top of the market in each country. The firm’s work on integrating the worldwide CMS network over the past few years has been slow to bear fruit. However, it is seeing results in some cross-border work, especially in its patent prosecution arm. Although the teams are not fully integrated, they are beginning to work together more often. Various CMS offices, for example, are conducting numerous proceedings against competitors for Leifheit. Several CMS offices have been hired by Strix for a dispute involving kettles. Within the CMS network, the firms also make use of the services of the patent prosecution practice which was part of Olswang in London. This is now a subsidiary of British firm CMS Cameron McKenna Nabarro Olswang. The prosecution practice has been through some changes, however. CMS closed the Olswang office in Munich and for efficiency reasons relocated all patent prosecution activities to London, including a German patent attorney.

Recommended individuals

Matthias Eck

Team

8 partners, 8 counsel, 12 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: Tesla (defendant) against two NPEs over SEPs (public knowledge); Elmos Semiconductor on enforcing patents in China; Leifheit (claimant) against various competitors over kitchen carts; Jinko Solar (defendant) against Q-Sells over solar technology; Strix (claimant) against competitor over cordless kettle; Häfele (claimant) in patent dispute in Russia over furniture fittings; Fine Decor (defendant) on opposition in connection with films for furniture; drinks manufacturer against NPE over reverse vending machines for bottles with refundable deposit; Asian mobile communications manufacturer (defendant) against two SEP holders over mobile communications patents; regular litigation for Erbe, Honeywell, Cooper Standard, Stanley Black & Decker. Advice: Nanya Technology on sale of licence receivables; car manufacturer on joint venture; Resuscitec on know-how protection and patents for resuscitation devices.