“Powell Gilbert has staked its flag in the heart of the German patent market”

Düsseldorf is not just any German city. For years, it was the epicentre of European patent litigation, with the regional court hearing more patent cases than any other venue. While Düsseldorf’s importance has waned recently with the UPC’s arrival and the rise of the Munich Regional Court, many of Germany’s leading patent litigation teams still hail from here. Rospatt, Bird & Bird, Hogan Lovells, and Arnold Ruess to name but a few.

Now Powell Gilbert is joining this illustrious circle. The move is remarkable in several respects. It marks the firm’s first office on the continent and, after Dublin, its second outside London. Andreas Kamer is the firm’s first non-British partner. Known to the firm through previous collaborations, the renowned German litigator brings a patent attorney from his former firm Vossius & Partner. Powell Gilbert is taking on its first European patent attorney on the contintent, the fourth ever in the firm’s history.

Cross-hairs on the UPC

In London, Powell Gilbert is not known for aggressively poaching partners, preferring up to now organic growth with British partners. But as partners across German, French and Dutch patent teams are showing increasing inclination to jump ship, the firm has seized a timely opportunity.

Even so, Powell Gilbert has never shied away from pursuing strategic goals. Currently, this means establishing itself at the forefront of UPC business, despite initially unfavourable conditions due to Brexit. Powell Gilbert did its homework, developed a strategy and, alongside Carpmaels & Ransford and several UK patent attorney firms, became one of the most visible British practices at the UPC in 2023 and 2024.

Now the UK firm is raising the stakes. With Kramer and the Düsseldorf office, Powell Gilbert aims to penetrate the German UPC market. After all, the local divisions in Munich, Düsseldorf, Mannheim and Hamburg handle the most UPC cases.

Previously dismissed by German firms as the Brits with the language barrier, Powell Gilbert now has in its arsenal a German lawyer with extensive SEP and UPC experience.

While Kramer will maintain a national practice, German firms should take note: from September, Powell Gilbert will be competing on their home turf. Yet how many German firms have a London presence in UK litigation? Only Hoffmann Eitle springs to mind.

What’s more, the Düsseldorf office is unlikely to remain at three lawyers if Powell Gilbert successfully attracts young German talent for UPC work. This will further energise the German market.

Failure not an option

For now, the scope seems manageable. Powell Gilbert should be able to keep the small German team busy at first, especially as Kramer has his own established client contacts with Asian implementers such as Oppo and Xiaomi.

However, “Operation Germany” must be carefully executed. Failure would damage many established relationships with firms like Hoyng ROKH Monegier, Vossius and Kather Augenstein — longtime collaborators in pan-European litigation.

Currently, the advantage lies with Powell Gilbert. The UK market leader has excellent US and Asian client connections and, like Bristows, Kirkland & Ellis and Hogan Lovells, distributes substantial business among European firms. Now, Powell Gilbert will manage this German business internally.

The backlash is predictable: German firms will rarely involve Powell Gilbert when distributing work. This leaves another top London firm without a German presence to fill the vacuum: Bristows.

Furthermore, as Powell Gilbert builds its patent attorney ranks, patent attorney firms will likewise hesitsate to call on the firm, despite assurances it will not enter prosecution work. Powell Gilbert’s goal is very clearly patent litigation. Nevertheless, the firm cannot expect much future business from patent attorney firms.

Let the battle commence

In any case, the London partners are eyeing international firms such as Hogan Lovells, Freshfields and perhaps also Hoyng ROKH Monegier — all strong UPC performers. The German expansion also serves to secure the partners’ solid position as coordinators of global patent litigation — credibility here now requires a presence at the heart of UPC activity.

Several German boutiques, particularly Bardehle Pagenberg and Kather Augenstein, share this central position but lack Powell Gilbert’s London presence. The gauntlet has been thrown; a new chapter in the battle for UPC business begins.