JUVE Patent

McDermott Will & Emery – Germany 2025

JUVE Comment

The German patent practice of this US law firm has established itself by advising and representing companies across various industries. The team maintains particularly strong connections with the automotive supply industry through Düsseldorf partner Henrik Holzapfel, who has recently handled various proceedings for regular client Harman.

Holzapfel also brings extensive experience in pharmaceutical and medical device patent enforcement. The team regularly advises prominent pharmaceutical companies including Stada and Merck, but the medical device sector generates significantly more litigation, with the team recently representing Wilfried Hüser as co-defendant in a dispute over breast implants. The practice is also active in national litigation concerning knotless surgical suture material for Synthor. This dispute against competitor Arthex has also intensified at the UPC.

Additionally, the team’s strong relationships with US clients such as Dell ensure a steady workflow. These clients also seek advice on employee invention law, FTO analyses, licensing and IP aspects of M&A transactions.

European set-up

The German practice serves as a gateway to the UPC for the firm’s US clients. It was therefore logical that McDermott filed nine revocation claims for US-based e-cigarette producer NJOY against Juul and VRM. This represents one of the largest series of proceedings at the UPC to date and helped the German team under Holzapfel achieve an unexpectedly strong start at the new court. The firm’s established relationships with medical device manufacturers yielded new UPC claims for Synthor in 2025.

In both series, the team works closely with US partners who are keen to establish McDermott’s strong presence at the UPC. This strategic focus led to the recruitment of Frédéric Chevallier, a prominent partner from Herbert Smith Freehills’ Paris office, in summer 2025. At his previous firm, he led national and UPC proceedings concerning Sanofi’s chemotherapy drug Jevtana against generics manufacturers Accord, Dr. Reddy’s, Stada and Zentiva. He continues these cases under the McDermott banner, significantly enhancing the firm’s life sciences profile.

The high-profile recruitment of partner Chevallier provides welcome support for the small European patent team, which handles a comparatively large number of major cases. However, this should not mask the German team’s need for growth given its increasing high-profile UPC work. Recent recruitment has been limited to a single associate in Düsseldorf.

Strengths

Litigation for SMEs and advice to automotive suppliers and medical device companies.

Recommended individuals

Henrik Holzapfel (“extensive experience in SEP and FRAND matters”, client)

Team

11 lawyers

Clients

Litigation: Wilfried Hüser as co-defendant of Polytech against Silimed over breast implants; Soler & Palau Research regarding ventilation systems for houses; ongoing litigation and advice for Elokon, K-fee, Harman International, MB Automation, Neofacture Furniture, Wüsthof. Advice: Stada on licences and transactions; Dell and Vestel on licences.

Location

Düsseldorf, Munich