JUVE Comment

With a strong profile in pharma, biotech and mobile communications cases, this law firm is among the wider group of market leaders. Like its main competitors among the Düsseldorf IP boutiques, Krieger Mes and Wildanger, ROP conducts litigation in a wide range of technical sectors. For BP it won a case involving E10 fuel and was active for Siemens concerning construction cranes for wind turbines. ROP differs markedly from the two competitors in one respect: it does not represent NPEs in mobile communications suits, instead defending manufacturers like LG and Samsung. However, the two notable Asian mobile communications manufacturers also hire other firms. Despite experience with SEPs and FRAND issues, ROP only plays a minor role in the connected cars suits. It litigated for supplier Alpine as intervener for BMW against Broadcom. It is not involved in the landmark connected cars proceedings by Avanci pool members against Daimler. The firm’s second traditional mainstay is pharma and biotech litigation, where Thomas Musmann and Max von Rospatt are active at the top of the market. They are active in many proceedings involving economically important drugs, exclusively on the side of originators. They are conducting new proceedings for Amgen and a manufacturer of veterinary drugs. In many patent battles it is noticeable how the ROP partners work as a team much more consistently than in other boutiques like Krieger Mes. The ability to handle cases with large teams can be a competitive advantage in cross-border proceedings. That said, associate growth is important if the firm is to handle more of these large cases.

Strengths

Pharmaceuticals and mobile communications litigation, strong international contacts.

European strategy

The boutique is banking on its independence and close contacts in European litigation firms. Intensifying good connections to British firms such as Bristows and Powell Gilbert would be a good move, especially if the UPC should enter into force at one stage, as both are being wooed by other German firms.

Recommended individuals

Hetti Hilge, Thomas Musmann, Max von Rospatt (“a masterful litigator in all matters”, competitor), Henrik Timmann (“very good lawyer with excellent strategic skills”, competitor)

Team

7 partners, 5 associates

Specialties

Predominantly IP on the interfaces with pharma advertising law and antitrust. Clear focus on patent infringement proceedings. Trademarks and unfair competition.

Clients

Litigation: Samsung and LG (defendants) against Onebutton over mobile communications; Samsung (defendant) against Fipa over G3 patent; LG (defendant) against WiLan over LTE; LG (defendant) against IP Bridge over mobile communications; Alpine as co-litigant of BMW against Broadcom over connected cars patent; Amgen (claimant) against Accord over Cinacalcet; Biogen/Samsung Biologics (claimant) against Fresenius Kabi over Humira; CSL Behring (defendant) against Shire over active substance for auto-immune disease; Illumina/Sequenom (claimant) against MGI over nucleic acid sequencing; BP (defendant) against Swedish Biofuels over E10 fuel; Dorel (claimant) against Allison and Joie over child seats; Rhodia (claimant) against Neo Chemicals over catalysts; Siemens (claimant) against High Wind over construction cranes for wind farms; Pergo (claimant) against Classen over floorings; Innova (claimant) against LTS over ski lifts. Advice: Mohawk on licensing projects; Siemens on portfolio syndication.