IP: patents: Litigation
Within IP: patents: Litigation, Bardehle Pagenberg is a second tier firm.
"Clients appreciate the ‘very dedicated and personalised service’ at Bardehle Pagenberg, which fields a mix of patent attorneys and lawyers to provide comprehensive service across the full spectrum of IP matters. The team has represented BMW for over two decades in infringement cases, and is representing Apple in infringement and invalidity cases regarding smartphone technology. Jochen Pagenberg ‘addresses complex contractual issues’, and Tilman Müller-Stoy has ‘a fantastic ability to explain difficult technical subject matter to judges’."
IP: patents:
Within IP: patents: Prosecution, Bardehle Pagenberg is a second tier firm.
"Bardehle Pagenberg is ‘outstanding in its organisation of entry, maintenance andprosecution in multiple jurisdictions’. Telecoms and software are areas of strength, and its clients include Samsung and Dell as well as Adidas. Hans Wegner’s new applications are ‘always well thought through’."
IP: trade marks
Within IP: trade marks, Bardehle Pagenberg is a third tier firm.
"Bardehle Pagenberg’s boutique practice counts several famous names as clients. It advises Campari on portfolio management, handles prosecution and enforcement for Coca-Cola, and recently represented Castel Frères in trade mark infringement and cancellation proceedings at German and European level. The ‘very commercial’ Stefan Abel gives ‘quick, clear and concise’ advice, and Claus Eckhartt is ‘more reliable and in control than many others’."
Patent:
At Bardehle Pagenberg, founding partner and litigation specialist Jochen Pagenberg represents clients from a diverse range of sectors, including semiconductors, telecoms, medical devices and automotive and is also “well recognised” for his ADR, competition and licensing work. Johannes Heselberger is also praised for his “high-quality” disputes work before the German courts and the EPO, as is Tilman Müller-Stoy, whose work in infringement suits and parallel invalidation and opposition proceedings is “top tier”.
Trademarks:
Specialised IP firm Bardehle Pagenberg leads the field in this chapter with four lawyers from its Munich office ranking highly. Jochen Pagenberg is a “national leader” according to peers who recognise his trademark prosecution and enforcement work as “first rate”. Henning Hartwig specialises in industrial design work, encompassing multinational design infringement and invalidity proceedings, as well as acting in unfair competition and anti-piracy matters for clients in the food and healthcare sectors. International trademark conflict expert Peter Munzinger is “highly regarded” for his work on behalf of leading companies in the engineering, chemical, food, fashion, electronics and hospitality sectors and is a “great choice” according to sources. Alexander von Mühlendahl is noted for a “long and distinguished” career in the national and European trademark legislation, most recently acting as vice-president of the Office for Harmonization in the Internal Market, and he offers “unbeatable” regulatory expertise to clients in proceedings before the European courts.
A mainstay of the German IP market, Bardehele Pagenberg has "great depth of experience" in delivering both contentious and non-contentious advice and representation to clients. Perhaps best known for its patent practice, its trademark team is also a draw, handling the branding needs of prestigious clients from sectors including pharmaceuticals, perfumes and cosmetics, leisure, financial services, chemicals, engineering, information technology and sportswear. Henning Hartwig has established “a superb reputation” for his work on disputes; Peter Munzinger is also highly rated. Alexander von Mühlendahl brings "great expertise and depth of knowledge, particularly in challenging cases involving non-tradtitional marks". Together, the partners are noted for their "complementary approaches and skills, making this a great team to work with".
Clients acclaim Johannes Heselberger as a "knowledgeable and always well-prepared lawyer and patent attorney." Of counsel and co-founder of the firm Udo Altenburg, a leading patent attorney, is praised for his in-depth knowledge of medical devices. Jochen Pagenberg maintains a broad contentious IP practice, with a particular focus on mechanical, pharmaceutical, biotechnology, electronic and software patents. Patent attorney Hans Wegner "presents great arguments in opposition and nullity proceedings, and he offers valuable, succinct advice to the client." Sources hail Peter Hess as "a strong organiser and manager, but also an exceptional patent attorney in his own right." Managing partner Johannes Lang is noted for his patent prosecution expertise, serving important clients including Essilor and Nintendo. Lang is also qualified as a French patent attorney with experience of the French patent litigation process. Claus Eckhartt is a popular adviser on trade mark issues, particularly amongst international clients, who describe him as "a very reliable, succinct and timely professional." Tilman Müller-Stoy impresses clients, who note: "He is not prone to the exaggerations and drama that many litigators thrive on. He is very professional and to the point, with an understated knowledge of the law and in-depth understanding of our business goals."
The following partners of the firm are currently recommended in “Best Lawyers 2011” for their intellectual property practice, on the basis of an extensive peer review. In Germany, the ratings were published in “Legal Success”, a supplement to the German paper “Handelsblatt”, with BARDEHLE PAGENBERG being among the few firms with seven partners listed in this field of the law.
Wolfgang Bublak, Claus M. Eckhartt, Johannes Heselberger, Peter K. Hess, Johannes Lang, Peter J.A. Munzinger, Hans Wegner
Clients praise this "Rolls-Royce operation," a patent powerhouse whose leading litigators "give honest, valuable advice - not just the advice they think I want to hear." The large team of lawyers and technical experts counts plant variety among its specialisms. Elsewhere, the team advised mobile phone manufacturer Palm on a patent dispute with Sisvel and Prepaid Cards BVBA on an infringement case. Patent attorney Udo Altenburg specialises in physics, especially medical technology, and mechanical engineering. His "creative mind" appeals to clients, who add "if you want a fighter, he’s the one. He owns the courtroom." Peter Hess specialises in patents in the areas of semiconductors, optoelectronic systems and the computer industry. He is highly commended for his skills as a prosecutor. Physicist Hans Wegner advised Adidas on patent and design rights connected to the football used at the 2010 World Cup. Clients admire this broad-focused patent attorney for his drafting and analytical skills. Managing partner Johannes Lang receives praise from clients for his energy, work ethic and specific sector knowledge. His areas of focus include electronics and telecommunications. "Brilliant" litigator Jochen Pagenberg is respected for his contribution to the profession and his strength as an advocate, while Johannes Heselberger leads many of the firm's major mandates and is commended by market observers.
Bardehle Pagenberg is described by its competitors as one of the most successful mixed firms, with patent attorneys as well as litigators. The firm has particular expertise in the IT sector and continues its focus in this area. In July 2010, it hosted a conference on software patents with delegates from courts, patent offices and industry. Clients in this sector include high-profile names such as Apple, Dell, Samsung and Cisco. Involved in over 100 patent infringement cases a year, the practice has maintained a strong position and remains a respected contender in the IP market. The firm has been involved in a significant case advising High Point in a patent dispute against E-Plus, Ericsson and Nokia Siemens Networks. (...) Further work involved representing Cisco Systems, a networking and communication technologies company, before the German Federal Supreme Court. Johannes Lang, Jochen Pagenberg and Christof Karl advised the client in connection with patent litigation that had lasted over seven years. Cisco Systems successfully invalidated a European and a German patent filed against it by Teles, a German telecommunications equipment company. A subsequent request to re-open proceedings, on grounds of violation of right to be heard, was rejected by the Federal Supreme Court in July 2010
With a market-leading patent attorney practice, this firm handles patent prosecution, portfolio management and nullity proceedings and is one of the most visible and prolific participants in the field. It represents clients before the Federal Patent Court in a diverse array of industries, including chemistry, mechanical engineering, electronics and computer hardware and software. Clients admire the nullity team’s “high quality, adaptability and ability to react quickly to last minute changes.” Others conclude that “Bardehle has great internal organisation and a very high standard of client service”. Peter Hess offers “eloquence, sharp thinking and excellent presentation skills”, drawing on his educational background in physics to advise clients in the semiconductor, telecommunications, optoelectronic and IT fields. Managing partner Johannes Lang is “highly respected for his great technical ability, meticulous attention to detail and deep knowledge” of software, information technology, electronics, telecommunications, semiconductors, digital image and audio processing, smart cards and medical devices. His foreign language and communication abilities also impress.
TRADEMARKS AND DESIGN/UNFAIR COMPETITION
Comment: This firm is highly recommended in trademarks, but also advises clients on unfair competition. In both fields, the lawyers can frequently be seen in litigation. One client praised the firm's "eye for a company's economic interest". Moreover, the patents practice is highly renowned and frequently gives rise to synergies with trademarks. Good contacts to international law firms provide for a steady flow of notable clients. Work for the German Mittelstand could be developed, however, to make the firm more independent in the medium term and widen its client base. (...)
Strengths: Litigation, formal trademark law, international orientation. Recommended lawyers: Dr. Jochen Pagenberg, Peter Munzinger, Dr. Alexander v. Mühlendahl, Dr. Henning Hartwig, (...), Claus Eckhartt ("highly competent and congenial lawyer", competitor), Dr. Stefan Abel.
Practice: All-round litigation in, and advice on, trademark and design law as well as unfair competition. Also large trademark registration and administration practice. Work related to advertising law and on product launches. The firm has its own offices in Paris and Barcelona. (6 partners, 10 associates)
Clients: Public knowledge: design protection litigation for Longchamp; Experience Hendrix in name dispute; design litigation for H&M; unfair competition and design protection litigation for Lafuma; five counts of litigation for L’Oréal; Ermenegildo Zegna on border confiscation; Apollinaris/Coca-Cola; McDonald’s concerning German trademark portfolio and unfair competition disputes; trademark registration for AMD and Nestlé; Eurosport on trademark infringement and domain law.
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