JUVE Comment

In impressive fashion, Cohausz & Florack demonstrated its place as one of the market’s leading patent attorney firms, both for patent prosecution and litigation. Its activity in numerous high-stakes suits in the life sciences and telecoms sectors stands out. Christoph Walke’s team remains highly visible on the side of SEP holders. Patent owners from the telecoms sector entrust the team with new and sometimes extensive series of proceedings against implementers. For instance, after the first wave of connected cars disputes – where Cohausz & Florack litigated for Nokia and Sharp against Daimler – the firm was again active in the second wave of suits, for IP Bridge against Ford. For Nokia, the firm is also conducting a large series of proceedings against Oppo over mobile communications patents. Due to the huge scale of activity, the SEP holders always hire other patent attorney firms for the technical aspects of the suit, alongside Cohausz & Florack.

When it comes to pharma and chemicals patents, the team led by the internationally well renowned Arwed Burrichter and Natalie Kirchhofer litigates for originators in numerous high-volume cases. The proceedings for Bayer stand out. Bayer Crop Sciences recently intensified the client relationship when subsidiary Seminis Vegetable Seeds entrusted the firm with an important opposition suit.

Another cornerstone of Cohausz & Florack’s success is how it regularly develops new talent. Matthias Waters, a rising star from the next partner generation, is becoming increasingly prominent in mobile communications suits. The firm also added two patent attorneys to its headcount.

Strengths

Litigation related to mobile communications for SEP holders and for originators concerning pharmaceuticals. Also litigation regarding software and electronics.

European set-up

A large client base from all technological sectors put their trust in the independent Düsseldorf patent attorney firm for their high-stakes cases before the national courts and EPO. Cohausz & Florack boasts particular experience in international pharma and mobile communications cases – for Nokia and Bayer alike. It is also one of few firms to have a number of internationally very highly renowned patent attorneys in its ranks. Some of them are often in demand as arbitrators, court experts or technical experts for patent proceedings in other countries.

Moreover, the firm is well equipped for the UPC launch because many of these partners are still relatively young and can thus accompany their clients at the new court for another two decades. Although the patent attorneys could run UPC proceedings on their own, it will be an important criterion for clients that the Cohausz & Florack patent attorneys have been working successfully with lawyers from national boutiques like Arnold Ruess, Krieger Mes and Wildanger for years and expressly do not want to enter into exclusive collaborations. Nokia too is likely to continue relying on Cohausz & Florack’s partnership with large international firm Bird & Bird, although the latter has its own patent attorneys. To expand its own international expertise, the firm is now training patent attorneys for France and the US.

Recommended individuals

Arwed Burrichter (“extensive insider knowledge on dealing with the German Patent Office and Federal Patent Court”, “a real authority and seasoned litigator”, competitors), Natalie Kirchhofer (“good strategist, impeccable legal expertise”, competitor), Gottfried Schüll (“outstanding specialist, very friendly”, competitor), Christoph Walke (“an ace in the courtroom”, competitor), Philipe Walter (“very good in infringement and nullity cases”, competitor), Matthias Waters (“very good, one to watch”, client; all patent attorneys),

Team

30 patent attorneys

Partner moves

Ralph Minderop (retired)

Specialties

Patent prosecution with a broad technical spectrum. Oppositions, nullity suits and infringement proceedings, also trademarks and unfair competition.

Clients

Litigation: Bayer (defendant) in EPO appeal over stroke medication Xarelto; Bayer Animal Health (opponent) in EPO opposition against GSK over mRNA vaccines (settled); Sanofi (defendant) against Ratiopharm over MS drug teriflunomid; Puma (defendant) against BASF over foam for shoe soles; Sino-Resource (defendant) against Honeywell over coolants for air conditioning; Brillux (defendant) against DAW and STO over emulsion paints; Nokia (claimant) against Oppo on 4G and 5G patents; IP Bridge (claimant) against Ford over connected cars patents (both public knowledge); IP Bridge (defendant) against Oppo in nullity suit over mobile communications patent; MPEG LA (claimant) against Samsung over HEVC patents (all public knowledge); Ocado (claimant) against AutoStore over robot-assisted automation systems (public knowledge); UPM (defendant) against Munksjö/Ahlstrom over silicone papers (settled in 2021); Fibrant (defendant) in EPO appeal against Versalis over patent for phenol hydrogenation; Bio-tec (defendant) against Novamont over packaging; Vitasweet (defendant) against Celanese over sweeteners. Prosecution: oppositions for Seminis Vegetable Seeds. Filing and oppositions for Ascensia Diabetes Care, Auto-Kabel Management, Beijing BOE Optoelectronics Technology, Bilfinger Noell, Biotec Biologische Naturverpackungen, Bombardier, Brillux, Carl Zeiss, Deutsche Post, Dirak, EWM, Ferdinand Lusch, Fogtec Brandschutz, Francotyp-Postalia, Fraunhofer Institute, Fritz Egger, Innogy, Kamat, Kobil Systems, Lhoist, PCC, Plasmatreat, Schmitz Cargobull, SIG, Signotec, SMS Elotherm, Thyssenkrupp, UPM, Viega, Vinventions, Vorwerk (all public knowledge). Advice: portfolio management for Exelixis, Genentech, Roche, Goldbeck and Tesa Scribos.