JUVE Comment

Operating as Taliens for the past five years, the German patent team of this international IP boutique is still one of the young guns on the German patent litigation scene. On the basis of its strongly positioned mobile communications practice, the Munich team is now branching out into other sectors.

The addition of Peter Koch as a second partner in autumn 2021 (from Pinsent Masons) brought the team expertise in the medical technology sector, pharma patents, as well as traditional communications technology. He is litigating for Keystone Heart in a dispute over medical products and for Hoverkey over network technology.

The appointment of an associate to counsel raised Taliens’ clout in its showcase field, defending mobile communications users in SEP and FRAND suits. Here, regular clients ZTE and TCT ensure a good utilisation rate for the German patent team led by Thomas Lynker and are likely to be regular targets of NPEs in the future. Taliens is also representing TCT against IP Bridge before the Federal Court of Justice in a precedent case over FRAND issues. The firm conducted the nullity suit without external patent attorneys for the first time. The German team is also breaking new ground in EPO oppositions, for US medical product manufacturer NDT Global, for instance.

With Israeli clients like Mala and Orckit IP, Taliens has been firmly anchored among network equipment providers for a while now. It is also broadening activity in the life sciences sector, especially in medical technology, by bringing in Peter Koch. Capitalising on the Paris team’s good relationship with Boston Scientific will thus be the next important step. The team could also strengthen its broad roots in many sectors with work in pharma but would need to bring in a partner with experience here from another firm.

Strengths

Mobile communications litigation, including FRAND issues

European set-up

Taliens has an excellent international set-up that not many IP boutiques of this size can rival. The concept is based on the positioning of the patent team around Lynker in Munich and Jean-Frédéric Gaultier in France. With the arrival of the highly experienced Grégoire Triet, the French team has now drawn level with the German team in terms of manpower. In Madrid, the firm works closely with the IP firm Baylos.

The Munich and Paris teams have an excellent position in the mobile communications field, working closely together for key clients like ZTE. In contrast, the Munich team has not yet been able to use the Paris practice’s good ties to Boston Scientific to gain a stronger foothold in life sciences. With the UPC launch approaching, a more solid position for both offices in the pharma sector would secure Taliens’ position, as long as it is not clear whether it will be as active here for mobile communications companies as it has been so far in the national courts. Grégoire Triet’s pharma industry ties offer a good foundation.

Given the Munich lawyers’ strong relationships with Italian companies like Newtech, it would make sense in the long term for Taliens to open an office in Milan if the court there turns out to be important in the UPC system. But even with its current set-up Taliens could be an attractive partner for UK firms seeking closer ties to the continental European system.

Recommended individuals

Thomas Lynker (“focuses on what’s important”, “his FRAND defence for the opposing side was excellent”,competitors), Peter Koch (“client-oriented and optimum knowledge”, competitor)

Team

3 partners, 1 counsel, 2 associates, 1 of counsel

Specialties

Exclusively active in IP. Much patent litigation. Also contract drafting, licences and strategic advice. Trademarks and unfair competition. Strong client bases in China, Italy and Israel.

Clients

Litigation: ZTE (defendant) against IP Bridge over LTE technology; TCT Mobile (defendant) against IP Bridge and LG over UMTS and LTE standards; Mala Technologies (claimant) against Nokia and Extreme Networks over network technology; Orckit IP (claimant) against Adtran and Extreme Networks over network technology; Newtec Labelling (defendant) against KHS GmbH over labelling technology; Keystone Heart (claimant) against Protembis over embolic protection devices for aortas; Hoverkey (claimant) against Salesforce over authentication procedure in network and cloud environment; NDT Global on EPO oppositions over medical products; Fast Fusion (claimant) against Fietz over machines for installing industrial pipes. Advice: G+ Communication on litigation strategy for SEPs; FHR Anlagenbau, TCT Mobile, ZTE, medical devices manufacturer and auto component supplier on licence projects.