JUVE Comment

Formed in autumn 2021, this well-positioned patent attorney firm has a strong focus on patent litigation. The team already had a solid reputation for infringement proceedings, nullity suits and EPO oppositions at Wuesthoff & Wuesthoff. Name partner Bernhard Thum was seen as one of the most accomplished litigators on the patent attorney side as a Wuesthoff partner.

Since he and his two younger partners (also from Wuesthoff & Wuesthoff) were able to bring their main clients with them, including Edwards Lifesciences, Phoenix Contact and SRAM, the team remains very visible. Jonas Weickert has even raised his visibility in his new firm.

Following Braun Dullaeus Pannen Emmerling, Thum & Partner is the next patent attorney firm to launch with a strong litigation focus, but unlike its competitor it does not specialise in mobile communications cases.

Strengths

Litigation concerning medical technology and mechanics.

European set-up

The patent attorney firm is involved in some cross-border disputes (e.g. for Edwards Lifesciences) but tends to conduct more litigation in the German courtrooms (e.g. for Phoenix Contact). In all cases it works closely with external lawyer teams, from Bird & Bird and CBH Rechtsanwälte among others.

The patent attorneys will be able to hold on to these tight connections at the UPC. Given the name partner’s vast litigation experience, law firms without their own patent attorneys will be keen to consult them. The close ties to clients like Edwards Lifesciences could ensure this, as Bird & Bird will try to bring its own patent attorneys more into play at the UPC.

Recommended individuals

Bernhard Thum (“extensive experience in complex cross-border disputes”, “impressive success rate”, competitors), Jonas Weickert (“very good in infringement cases”, competitor)

Team

5 patent attorneys

Specialties

Strong focus on patent litigation and EPO oppositions. Small prosecution practice with a clear focus on medical devices, mechanics and electronics. Soft IP through the firm’s own lawyers.

Clients

Litigation: Edwards Lifesciences (claimant) against Meril Life Sciences over heart valves; Phoenix Contact (claimant) against Harting in CJEU case over plug connectors; corma (claimant) against Umicor over pipe connectors; SRAM (claimant and defendant) against Shimano over bicycle components. Prosecution: filing and oppositions for Juul, Lessmüller, Open Mind, Scania, Schletter, SRAM, SGF; EPO oppositions for Edwards Lifesciences and Phoenix Contact.