JUVE Comment

Over the past two years, Heuking has persistently put together a mixed patent team that is now preparing to play a strong role before the UPC. This successful development is based on the well-positioned team of litigators around partner Anton Horn. The firm’s core SME clients come from Germany and other European countries and cover a broad technical spectrum, including CeramOptec, EnerDry, Egger, and Brødrene Hartmann. With the successful integration of two patent attorneys, the team can now offer these clients an all-round service in patent litigation, ranging from infringement to EPO proceedings.

For the time being, the lawyers will continue to cooperate with other patent attorney firms such as Cohausz & Florack in infringement proceedings. For EnerDry, both firms recently obtained a leading decision at the Federal Court of Justice on the calculation of damages.

The firm’s own patent attorney team is still quite small and has a relatively small filing practice serving companies such as Aixway3D, CNH Industrial, German Aerospace Center (DLR), Divvoice, and Kima Process Control. But the cooperating lawyers and patent attorneys currently focus on litigation, which includes increasing representation in nullity suits and EPO oppositions.

European set-up

The Heuking patent team has rarely been seen in large pan-European litigation campaigns regarding pharma blockbusters or SEPs. But with the launch of the UPC, it has impressively demonstrated that it is a force to be reckoned with in litigation for SMEs – its core clientele. In the court’s first year, Horn’s team represented the Danish egg carton manufacturer Brødrene Hartmann against Omnipac in a UPC infringement case over sealing technology for egg cartons. Thanks to the mixed line-up, SES-imagotag also retained the team for a UPC revocation case against Hanshow concerning electronic price tags. The parallel PI proceedings had been conducted by Finnegan Henderson before Heuking came on board.

In addition to the mixed approach, the cooperation within the international WSG network provides a good basis for cross-border work and for UPC cases, especially when it comes to advising SMEs in multinational proceedings. Over the past two years the Heuking team benefited from this well-oiled network, as demonstrated by the work for genOway concerning CRISPR/Cas patents (together with French firm de Gaulle Fleurance & Associés), and for Systemhouse concerning thermal insulation panels (together with Belgium firm Altius). It recently also worked with the patent team of Austrian firm Dorda in cases for Varroc and Echosens.

Strengths

Litigation for SMEs, advice on know-how protection.

Recommended individuals

Anton Horn (“a pleasure to work with him”, “sound practical advice”, competitors)

Team

5 lawyers, 2 patent attorneys

Clients

Litigation: CeramOptec against Lightguide Optics and Endoteq over laser technology; EnerDry against BMA over drying plants for biomass; frequent litigation for Brødrene Hartmann, Egger, Feintool, genOway, Systemhouse.