JUVE Comment

The small team of this German full-service law firm represents clients from a wide range of industries in patent infringement proceedings. In recent years, Hengeler’s work has been characterised by extensive proceedings for NPEs, but now its classic clientele is coming back into focus, particularly from the automotive and life sciences sectors. One example is an automotive supplier that Wolfgang Kellenter’s team is advising in a cross-border series of actions conducted in France, Italy and China, among other countries. In addition, pharmaceutical companies regularly seek advice from Hengeler, for example in matters relating to SPCs. However, this is mainly advisory work, which is why the team is less visible here.

The firm’s expertise in SEP and FRAND continues to dominate its market perception. Hengeler Mueller has built up vast experience here thanks to its litigation for NPEs such as IPCom and Fipa. However, most of these proceedings have now ended and Hengeler is not involved in the new wave of litigation by NPEs against patent users, including at the UPC. However, the law firm could leverage this expertise on the side of its traditional industrial clients which are increasingly involved in disputes over connectivity, for instance in mobile communications, the automotive industry or the Internet of Things.

Kellenter is still the firm’s best-known litigator. Hengeler Mueller is now slowly initiating the generational change and has experienced counsel at its disposal. So far, however, none of them have managed to step out of the shadow of the sole partner.

European set-up

The team has extensive experience in international patent disputes, thanks in part to the long-standing and cross-border proceedings for IPCom and Fipa. It maintains close contacts with a best friends network of foreign partner law firms. The Düsseldorf practice regularly coordinates proceedings in various jurisdictions, such as a series of lawsuits for an automotive supplier concerning transmission technology that are also being conducted in France, Italy and China. The team is now also applying its experience in the automotive industry at the UPC, where it made an appearance for automotive supplier Magna alongside Hoyng ROKH Monegier and Cohausz & Florack in a dispute with Valeo.

However, the practice is likely to lack the necessary headcount for comprehensive, complex proceedings. Expansion with experienced lateral hires would give Hengeler the boost it needs, especially since Kellenter, the only partner visible in the market to date, will soon reach retirement age.

Strengths

Experience in SEP and FRAND litigation, mainly for NPEs. Strong client base in the automotive and pharma sectors.

Recommended individuals

Wolfgang Kellenter (“brilliant litigator and outstanding strategist”, “smart litigator, quick comprehension, knows how judges think”, competitors)

Team

5 lawyers

Clients

Litigation: Medtrum against Insulet over insulin pumps; Concept Laser against Bego over 3D print technology; Fipa and IP Com against Samsung over mobile communications; Sino-Resource against Honeywell over coolant for air conditioning; regular work for Kennametal.