JUVE Patent

Ampersand – Germany 2022

JUVE Comment

The team led by Hosea Haag enjoys a strong market position thanks to its many years of experience representing clients in large series of proceedings, especially NPEs as claimants in the mobile communications sector. The firm added some high-profile names to its list of NPEs, including INVITE, Unwired Planet and Onebutton, some of which brought extensive series of lawsuits. Among these is also Arigna, an NPE that, outside the mobile communications sector, is looking to enforce patents for semiconductors against carmakers.

The smaller part of the client base is made up of Mittelstand companies, which count on the team in suits involving special technologies, such as Valutis regarding electric toothbrushes. These clients value the personal support the firm provides.

Ten years after it was founded, Ampersand’s patent litigation team no longer just comprises litigation heavy hitter Haag. The team has now reached a size that allows it to manage extensive series of proceedings. Philipp Neels is more and more visible in the market. And the firm recently appointed a senior associate as its third partner in patent law. In addition, the team grew with an experienced associate from Freshfields Bruckhaus Deringer. This positive development also offers a good starting point to litigate in UPC suits, as well as to take time implementing a long-term generational change.

Strengths

Litigation for NPEs regarding mobile communications, including SEPs and FRAND.

European set-up

For non-European NPEs, this nationally independent litigation boutique is one of the top names in Germany, both when it comes to SEPs and FRAND litigation against mobile communications companies and in actions against other industries, such as automotive. The lean team does have vast experience in series of proceedings in the German courts. Without formal or informal partners, the firm frequently collaborates with US or, less often, UK firms in these. But it rarely works in a coordinator capacity in international lawsuits, although Ampersand does have an asset in its direct contacts in in-house departments and NPEs.

It is these connections that make Ampersand predestined to run proceedings at the UPC early on. Moreover, because it can build on its experience as claimant counsel before the German courts, Ampersand would make a flexible partner for various other international NPE representatives if the client wants to assemble a team from individual firms rather than one internationally integrated firm. Ampersand’s experience advising claimants could also benefit SME clients in UPC suits.

Recommended individuals

Hosea Haag (“highly experienced and smart tactician”, “currently leading an impressive amount of litigation“, competitors), Philipp Neels

Team

3 partners, 3 associates

Specialties

Litigation firm active on the interface with drugs advertising law and unfair competition, as well as trademarks and technical protection rights.

Clients

Litigation: Invte (claimant) against ZTE and Huawei (settled 2022); Cobham (defendant) against CommScope; Onebutton (claimant) against Verizon, Google, LG; Uniloc (claimant) against Samsung, Huawei (both settled) and Netflix; Unwired Planet (claimant) against HTC; Wsou Investments (claimant) against ZTE, Huawei, Dell, Microsoft (all concerning mobile communications); Arigna (claimant) against BMW and Tesla (ongoing), Audi, VW and Mercedes (all settled 2022) over semiconductors; Ocean Semiconductor (claimant) against Nvidia over chip design; Beratech (claimant) against Apple and Samsung over chip technology; Pantech (claimant) against Google and Sony over mobile communications standard technology; Admedes (claimant) against Glaukos over eye tests; Quiss Qualitäts-Inspektionssysteme (claimant) against Coherix over adhesive films for the auto industry; Brushgate (claimant) against Playbrush over toothbrushes; Valutis (claimant) against Procter & Gamble over toothbrushes; Münster University Hospital in entitlement action against Clinuvel Pharmaceuticals; WFI Wärmflascheninnovation (claimant) against Fashy over hot-water bottles; Human Care Netherland (claimant) against Beka-Hospitec over standing aids; DT Swiss (claimant) against JD Europe Components over quick releases for bicycle wheels; Wonderland (defendant) against Cybex over children’s seats. Advice: Accord Healthcare, Schülke & Mayr on portfolio management.

Location

Munich