JUVE Comment

The regular clients of this firm’s technically broad prosecution practice trust the patent attorneys in a remarkable number of opposition and nullity suits and increasingly in infringement proceedings. This pronounced litigation activity underscores Michalski Hüttermann’s strong position in the western German market, where it stands alongside Dompatent and Cohausz & Florack as one of the three large patent attorney firms. Unlike its two competitors, it does not pursue a single-office strategy; rather, it is additionally anchored in the region with an established office in Essen. The firm is also active in Frankfurt and Munich. It is mainly the Düsseldorf lawyers, however, who are responsible for litigation. They come recommended by clients and competitors alike for cases involving biotech, electronics and software patents. Ulrich Storz is the strawman in the dispute against Broad Institute over CRISPR patents, while Dirk Schulz is often seen in cases involving electronics patents relating to semiconductors. But he also works for the auto industry on litigation, as the patent attorneys primarily battle over traditional patents for innovative Mittelstand companies, e.g. for Claassen concerning floor coverings. This strategy means that the firm – unlike competitors Dompatent and Cohausz & Florack – is currently not involved in the major mobile communications or pharma battles. The prosecution practice, which is visible across Germany and steadily growing with new portfolios, is much broader than litigation activity would suggest.

Strengths

Prosecution with broad technical expertise. Litigation regarding biotech, electronics and software patents.

Recommended individuals

Uwe Albersmeyer, Aloys Hüttermann, Stefan Michalski (“huge treasure trove of experience, very pragmatic and target-oriented advice”, competitor), Guido Quiram (“he stands out from the crowd for his understanding of the economic framework”, client), Dirk Schulz, Ulrich Storz (all patent attorneys)

Team

20 patent attorneys

Specialties

Clear focus on patent prosecution with strong focus on automotive, biotech, chemical and software patents. Opposition and nullity suits. Infringement proceedings with external lawyers. Employee invention law.

Clients

Litigation: Gigaset over LEDs; strawman suit against CRISPR patent of Broad Institute at EPO; Ecoenergy (claimant) against Talbot over carbon-neutral energy extraction; Küberit (claimant) in employee invention dispute against former CEO; IT-IS (claimant) against Roche over measuring devices; Wilo (claimant) on oppositions against heating pump patents from Grundfos and other competitors; Claassen (claimant and defendant) against competitors on flooring patents; plastic furniture manufacturer (claimant) against competitor. Prosecution: filing and oppositions for ABB, Acer, Claassen, Deutsche Post/DHL, Gigaset, Hengst, Heye, Immatics, Neosat, NTT, Phoenix Contact, Quanta Computer, Via Alliance. Advice: ABB and Strautmann; advice including FTO analysis to Wilo; Claassen on licences.