Düsseldorf Regional Court appoints new presiding judge for third patent chamber

Tilmann Büttner is no stranger to the German patent scene. He began his career as a judge at Düsseldorf Regional Court in April 2007, becoming active in patent proceedings when he joined Civil Chamber 4b in 2008.

After a stint at the Federal Ministry of Justice, Büttner was part of the starting team for Chamber 4c when it was reorganised as the third patent chamber in Düsseldorf under presiding judge Sabine Klepsch in 2012. Later he also worked in Civil Chamber 4a. Furthermore, he was deputy presiding judge of both chambers.

Büttner returns to patent

Tilmann Büttner

As a member of Chamber 4a, he played a role in the ruling banning Wilkinson from selling razor blades that fit competitor Procter & Gamble’s ‘Mach 3’ razor in Germany.

As is usual with German IP judges, Büttner gained further experience as a research assistant at the Federal Court of Justice between 2017 and 2020. There he worked for the 1st Civil Senate responsible for competition, trademark and copyright law. In August 2021, he became presiding judge of a chamber for criminal law at Düsseldorf Regional Court. With his current appointment to Civil Chamber 4a, he is returning to his origins in patent law.

Chambers back to full strength

It usually takes longer to fill such vacancies in Germany. However, with the swift appointment of Büttner, the court has quickly provided clarity for the patent chambers. Only a few weeks ago the Unified Patent Court announced that Bérénice Thom, long-time presiding judge of Civil Chamber 4a, would be moving to the UPC as a full-time judge.

The UPC has also brought about changes in other parts of the Düsseldorf patent court. For example, Ulrike Voß, with whom Büttner worked closely during his first years as a judge, moved to the UPC full-time. The 15th Civil Senate at the Higher Regional Court Düsseldorf, of which Voß had been presiding judge, will no longer deal with patent litigation in future.

The UPC has also appointed Daniel Voß, who heads Civil Chamber 4b, as a judge; he now works part-time at the Munich local division. Sabine Klepsch, who has presided over Civil Chamber 4c for many years, has also joined the Hamburg local division on a part-time basis.

Case numbers decline

As Büttner fills the final vacancy, the judges responsible for future national patent litigation in Düsseldorf are set. In the first-instance court this comprises Civil Chambers 4a, 4b and 4c with presiding judges Tilmann Büttner, Daniel Voß and Sabine Klepsch respectively. In the second instance, the responsibility for patent cases falls to the Higher Regional Court’s 2nd Civil Senate with presiding judge Stephan Fricke.

However, as reported by JUVE Patent this week, the number of cases in Düsseldorf, together with most other German patent courts, has further declined. In 2023, the regional court saw only 237 newly filed patent cases — a drop of 36.5%. One reason for this could be the launch of the UPC and its relatively high acceptance among patent holders from the consumer goods, mobile communications and medical technology sectors.