JUVE Comment

With a strong presence in litigation across a wide technical spectrum, this law firm still holds a place among the German market leaders. None of its main competitors among the Düsseldorf IP boutiques, Krieger Mes, Wildanger and Arnold Ruess, were active in such an even split of cases from the healthcare and mobile communications sector. Thanks to the reputation of Musmann and von Rospatt, the firm traditionally plays in the premier league in pharma and biotech litigation. The firm is active solely for originator drug companies (e.g. Amgen, Biogen, Ceva, Dr. Falk Pharma and Illumina) in numerous proceedings over drugs of high economic importance.

In the mobile communications sector, Hetti Hilges and Henrik Timmann’s work for Samsung stands out. Recent years have mainly seen them organise the defence against NPE suits for the Korean corporation. The fact that Samsung now hired Rospatt Osten Pross for the German proceedings in the global patent dispute against Ericcson was the highest accolade. The dispute was closely followed by the industry – also because of the reciprocal anti-suit injunctions – but was quickly settled after a brief battle. This was just as much of a disappointment for the firm as the fact that regular client LG is discontinuing its mobile communications business and is therefore unlikely to be a target for licensing suits from NPEs in the future. A stronger involvement in connected cars actions could compensate for this. However, the firm currently plays no role in these. It used to work for supplier Alpine on the side of BMW against Broadcom, but these two companies also recently settled. Rospatt Osten Pross’s experience in SEPs and FRAND and the fact that its partners work as a team far more consistently than those at competitor Krieger Mes make it very attractive to carmakers and suppliers for such cases.

Strengths

Strong in both litigation concerning pharmaceuticals and mobile communications patents, 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. Traditionally, Rospatt Osten Pross has somewhat stronger international contacts and a more well-rehearsed cooperation between partners than some other Düsseldorf IP boutiques. This gives it a slight advantage when courting closer relationships with comparable boutiques in other European countries. As a rule, all German specialist law firms vie for the favor of the market leaders in the UK, the Netherlands or Italy.

Recommended individuals

Hetti Hilge (“distinguished legal expertise, handles cases quickly and pragmatically”, competitor), Thomas Musmann (“extemely good”, competitor), Max von Rospatt (“very self-assured in all matters before the courts”, competitor), Rüdiger Pansch (“extremely competent, quick, friendly and reachable”, client), Henrik Timmann (“old-school lawyer, very agreeable and competent cooperation partner”, client)

Team

8 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 (defendants) against Ericsson (settled 2021); LG (defendants) against Onebutton; Samsung (defendant) against Fipa; LG (defendant) against WiLan; LG (defendant) against IP Bridge (all over mobile communications and FRAND); Alpine as co-litigant of BMW against Broadcom over connected cars patent (settled); AMO (claimant and defendant) against Alcon over laser system for eye surgery; Amgen (claimant) against Accord and others 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; Ceva Animal Health (defendant) against Bayer concerning PI proceedings over animal veterinary drug (public knowledge); Dr. Falk Pharma (defendant) against Ellodi over cortisone tablet; 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; Innova (claimant) against LTS over ski lifts; Brother (claimant) against infringers over ink cartridges. Advice: Mohawk on licensing projects; Siemens on portfolio syndication.