JUVE Comment

With a strong presence for patent litigation across a broad technical spectrum, this firm is one of the German market leaders. Thanks to the reputations of Thomas Musmann and Max von Rospatt, the firm once again plays in the top league for pharma and biotech proceedings. Rospatt Osten Pross works exclusively for originators such as Amgen, Biogen, Dr. Falk Pharma and Illumina in numerous high-stakes cases over drugs. The next wave of litigation is on the horizon for a US multinational pharmaceuticals manufacturer.

In the mobile communications sector, LG and Samsung are the most prominent clients. That said, LG is withdrawing from the mobile communications business, and it is not clear how the Korean corporation will exploit its patents in the future. The firm can expect more business from Samsung, however. Hetti Hilge and Henrik Timmann are currently conducting an older defence suit against an NPE. But the Korean company wants to enforce its patents more strongly in Europe in the future. As one of several firms with which Samsung brings legal action in Germany, Rospatt Osten Pross could benefit from this.

Beyond these two flagship fields, the partners provide patent litigation within a wide technical field, with large proceedings for 3Shape over dental implants, for AMO over a laser system for eye surgery, for Rhodia over catalysts and for Siemens over construction cranes for wind farms.

Despite the high utilisation rate, the partnership completed the generational change seamlessly. The retirement of Bernward Zollner was followed by the appointment of a young partner from the firm’s own talent pool. This is a consistent move that will enable the firm to handle several UPC suits simultaneously. The fact that Rospatt Osten Pross’ partners work as a team far more consistently than those at competitor Krieger Mes make it very attractive for such cases.

Strengths

Strong in both litigation concerning pharmaceuticals and mobile communications patents, strong international contacts.

European set-up

For high-tech clients like Samsung, Rospatt Osten Pross is often involved in the German suits within pan-European litigation. This applies all the more for its very intensive work for innovators in the pharma sector. Here the IP boutique is banking on its close contacts in European litigation firms and independence as a pure law firm without its own patent attorneys. Intensifying good connections to British firms such as Bristows and Powell Gilbert would be a good move, especially now that the UPC will start without the UK. Rospatt Osten Pross will continue relying on its long-standing connections to German patent attorneys for the UPC.

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 UPC countries. As a rule, all German specialist law firms vie for the favour of the market leaders in the UK, the Netherlands or Italy.

Recommended individuals

Hetti Hilge, Thomas Musmann, Rüdiger Pansch, Max von Rospatt (“very confident in all matters”, competitor), Henrik Timmann (“very good lawyer with excellent strategic skills. Serious work”, competitor)

Team

7 partners, 6 associates

Partner moves

Bernward Zollner (retired)

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 (defendant) against Fipa over mobile communications and FRAND; LG (defendants) against Onebutton over mobile communications and FRAND; AMO (claimant and defendant) against Alcon over laser system for eye surgery; 3Shape (claimant) against Medit over 3D scanning for dental implants; Amgen (claimant) against Accord and others over hyperparathyroidism drug cinacalcet; Biogen/Acorda (claimant) against various generics over MS drug Fampyra; Biogen/Samsung Biologics (claimant) against Fresenius Kabi over Humira; CSL Behring (defendant) against Shire over active substance for auto-immune disease; llumina/Sequenom (claimant) against MGI over nucleic acid sequencing; Dr. Falk Pharma (defendant) against Ellodi over cortisone tablet; Ceva Animal Health (defendant) against Bayer concerning PI proceedings over animal veterinary drug (settled in 2021); 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; Osram (as co-defendant of Valeo) against Varroc over matrix LED headlights for cars; r.d.i. Deutschland (defendant) against Noco over jump-leads for cars; frequently for Brother and LG.