JUVE Comment

The patent practice of this German full-service law firm primarily serves its industrial clients, lately focusing on pre-litigation advice. However, the team has been less visible in court compared to similarly positioned competitors. Alongside its traditional base of medical product manufacturers, the firm’s client roster includes Chinese companies, particularly several solar module manufacturers. CMS is increasingly active in M&A-related advice, R&D contracts, licensing negotiations and employee invention rights. This profile put the patent litigation team at risk of losing ground to international competitors like DLA Piper, as well as large national firms such as Gleiss Lutz. A notable gap was the lack of a strong presence in SEP and FRAND cases, but this is set to change with the addition of Freshfields counsel Stephan Dorn in Düsseldorf as a new partner, and highly regarded Klaka partner Constantin Kurtz in Munich. The latter joins CMS in December 2025 and is described by competitors as “a sharp thinker with concise arguments” and “a good litigator”.

Both bring experience in SEP and UPC litigation. Dorn has represented Netgear and Hisense at the UPC, while Kurtz has close ties to Oppo and Xiaomi. They also maintain connections with SMEs and renowned German patent attorney firms. At the time of writing, it was unclear which clients would follow them to CMS.

European set-up

Various European CMS firms have deep roots among SMEs across multiple technical fields and a strong presence in the life sciences industry, providing a solid foundation. CMS Hasche Sigle plays a crucial role in the global CMS network. The German patent team advises many Chinese clients through its own China practice, such as a Chinese medical device manufacturer on a trade fair PI. It also works closely with the London team at CMS Cameron McKenna, for example for a US broadcasting company, occasionally involving UK patent attorneys.

However, unlike Bird & Bird or Simmons & Simmons, which operate as integrated outfits, CMS functions as a close network alliance. This structural difference appears to impact its involvement in pan-European and UPC litigation. Neither the German nor UK practices have yet appeared before the new court. The CMS firms also play a less central role in pan-European pharmaceutical or mobile communications disputes compared to other international firms. This is despite CMS offering similar services to its competitors.

The network has offices in all key UPC locations across Europe. However, by gaining partners in Germany, CMS is now acquiring experienced litigators and expanding its team breadth. This significantly increases the likelihood of more UPC business. Nevertheless, CMS firms will only be able to catch up with the competition through much more consistent cooperation, leveraging the potential of their own network with Chinese clients and in the medical device and mobile communications sectors.

Strengths

Advice and litigation for medical product manufacturers.

Team

8 lawyers

Partner moves

Constantin Kurtz (from Klaka), Stephan Dorn (from Freshfields)

Clients

Litigation: Shenzhen Mindray against Shenzhen Comen over respiratory machine valves. Advice: Chinese solar module manufacturer on defence against infringement claim; conference technology manufacturer on possible pan-European litigation; industrial auto association on SEP and FRAND.