JUVE Comment

With a large presence in high-calibre patent disputes, in particular concerning mobile communications patents, the Düsseldorf IP boutique has become a market leader. The series of lawsuits for Panasonic, which Kather Augenstein is conducting before national courts and the UPC, caused quite a stir. In the extensive proceedings against the defendants Oppo and Xiaomi concerning numerous patents, the well-coordinated team is once again demonstrating its clout, which is remarkable for a boutique of its size.

In addition to its reputation for mobile communications proceedings, Kather Augenstein has also made a name for itself in disputes concerning medical products. Advanced Bionics and B.Braun Melsungen, for example, rely on the team led by the renowned name partners Peter Kather and Christof Augenstein. The firm’s good contacts in the automotive industry ensure a steady stream of clients, some of them first rate, for example Opel in a dispute over battery technology. The lawsuit is being viewed as a test case for potential future disputes with other carmakers.

European set-up

Kather Augenstein has been strategically preparing for the UPC for years. After years of growth, the team has now reached a size that enables it to handle larger cases despite the UPC’s strict deadlines. In addition, the boutique has been entrusted with cross-border proceedings by renowned international clients for years. At the UPC the firm is now exploiting the experience it has gained through extensive pan-European patent disputes, such as Advanced Bionics against MED-EL or Ericsson against Apple. The team is already one of the most active at the new court and is handling a considerable number of high-profile cases, such as for Ericsson (against Lenovo over mobile communications), Roche Diabetes Care (against VitalAire and Tandem Diabetes Care over insulin pumps) and, most significantly, Panasonic. The campaign for the Japanese core client comprises twelve claims at the UPC and is thus one of the most comprehensive litigation series at the new court so far.

Like Arnold Ruess and Wildanger, the team maintains its independence and cooperates on a case-by-case basis with equally independent patent attorney firms and foreign law firms such as Bristows and Powell Gilbert in the UK, and De Brauw in the Netherlands. It occasionally plays a coordinating role in international cases, for instance for Advanced Bionics in proceedings in the US, UK, and the Netherlands or for Ericsson in the Netherlands.

Strengths

Litigation across a broad technical spectrum, especially mobile communications, automotive and medical devices.

Recommended individuals

Christof Augenstein (“creative, practical and responsive, an in-house lawyer’s dream”, client; “friendly but tough”, “goal-oriented and friendly”, competitors), Peter Kather (“highly client-oriented with perfect advice on strategy and proceedings”, client; “highly experienced”, competitor), Miriam Kiefer (“solid, handles a huge workload”, “very good case management, accommodates client needs”, competitors), Christopher Weber (“highly experienced, constructive and well-versed internationally”, “technical expertise and highly focused”, competitors)

Team

15 lawyers

Clients

Litigation: Panasonic against Oppo and Xiaomi over patents relevant for the WCDMA and LTE standards; Centripetal Networks against Cisco, Palo Alto and Keysight over network security solutions; Coloplast against Hollister over urinary catheters; Advanced Bionics against MED-EL over cochlear implant; Glenmark against Mundipharma over painkiller Targin; Opel/Stellantis against MU Ionic over e-batteries for cars; Ortovox against Mammut Sports over avalanche rescue device; Rhefor in entitlement action against Hilti over battery-operated nail setters (settled 2024); regular litigation for B. Braun Melsungen, Knorr-Bremse, Volkswagen. Advice: Lenze on employee invention law.