“Germany’s patent market is converging”

Many law firms in Germany are currently transitioning between falling national case numbers and rising cases at the UPC.

Our latest JUVE Patent ranking Germany 2024 shows law firms with very different set-ups, such as Maikowski & Ninnemann, Bardehle Pagenberg and Taylor Wessing, are particularly affected by this shift. Others, such as Wüsthoff & Wüsthoff, Wallinger Ricker Schlotter Tostmann and Jones Day, have a client base that focused even more heavily on national proceedings last year.

“The shift is particularly evident in the German market”

The general shift from national courts to the UPC is particularly evident in the German market, as the majority of UPC cases are currently playing out at German divisions and generally involve German lawyers.

Leading in IP

Looking at the top national cases, it is the pan-European life sciences cases that stand out. The pharmaceutical proceedings concerning Bayer’s most important blockbuster Xarelto and the active ingredient riveroxaban, for example, are keeping a host of experienced lawyers extremely busy this year. This is also due to the reinstatement of the patent by the EPO two years ago, which was largely achieved by a team from Cohausz & Florack. This is only one of many reasons why the patent attorney firm scooped this year’s trophy for JUVE Patent Law Firm of the Year Germany.

“Pan-European life sciences cases stand out at national courts”

Bird & Bird has also seen highly prosperous development. The firm deploys international and mixed teams in major cases at the UPC, such as Edwards vs Meril. The fruitful work of young talent plays a huge part in this success, as the imminent generational change gets underway. Bird & Bird is skillfully bringing an array of up-and-coming younger lawyers to the fore, including some renowned counsel among its lawyers and patent attorneys. It also appointed Katharina Pehle as partner.

Bird & Bird’s client list in patent litigation is testament to its excellent position. Furthermore, the soft IP team is also having an outstanding year with its litigation in cases such as Katjes vs Lindt concerning green claims for vegan chocolate.

The right team size

These examples show there is no one-size-fits-all when it comes to the optimal team size to succeed in the current market.

“There is no one-size-fits-all”

Bird & Bird proves it can be worthwhile having a presence at every UPC location and a very large practice overall. But this is not the only road to success. As Cohausz & Florak, Bardehle Pagenberg and Maikowski & Ninnemann show, a purely or predominantly national set-up can also be a popular choice for companies.

There has been one particularly surprising development in the UPC’s second year of existence. Namely, that German law firms with strong roots among SMEs, such as CBH, can maintain steady business both at the UPC and in parallel national proceedings.

Clearly, the difficult economic environment for some branches of industry and the phasing out of the combustion engine is constricting companies’ budgets for litigation and prosecution.