Udo Altenburg continues to focus on traditional mechanical engineering and medical device matters. He was notably involved in Nintendo's infringement and invalidity proceedings. Noted by peers as “one of our greatest competitors,” patent litigation head Johannes Heselberger is the principal contact for the practice's cross-border mandates. In addition, he recently led patent infringement and invalidity proceedings for client MedImmune. Jochen Pagenberg remains a recognised practitioner within patent litigation, having successfully represented Cisco Systems in litigation proceedings. Clients describe him as "a vigorous fighter." Patent attorney Peter Hess recently advised 3D Systems on rapid prototyping in patent infringement and invalidity proceedings. Tilman Müller-Stoy concentrates on patent infringement suits at both a domestic and international level. Hans Wegner recently represented adidas before the European Patent Office in connection with the prosecution of designs and patents. He has particular expertise in physics patent law. German and French-qualified patent attorney Johannes Lang maintains a strong focus on software and IT-related inventions.
Focusing on trademarks, Claus Eckhartt recently represented Coca-Cola in trademark prosecution proceedings and customs seizure of infringing counterfeit goods.

BARDEHLE PAGENBERG - Casucci Ferretti

This enterprising firm covers all aspects of patents, trade marks, copyright and design. It attracts a growing number of high-profile clients such as Prada, Timberland, Sony and other companies in the entertainment sector. It has raised its profile in recent years thanks in part to its involvement in the EU-China Project on the Protection of Intellectual Property Rights, for which it has undertaken notable work on IP rights enforcement. Since publication, Casucci and his team have joined BARDEHLE PAGENBERG Partnerschaft Patent Attorneys Attorneys-at-Law.

Sources say: "The work is tailor-made."

KEY INDIVIDUALS Clients appreciate Giovanni Casucci's "creative and business-oriented" litigation style. He recently represented Sony Computer Entertainment Europe in a copyright protection case.

THE FIRM This boutique advises on all aspects of IP and has a notable European presence thanks to its offices in Munich, Düsseldorf, Paris and Barcelona. The team's client roster is a who's who of global brands such as adidas, BMW and Apple for patents, and Coca-Cola, GlaxoSmithKline and McDonald's for trade marks.

Sources say: "This firm represents our role model relationship. The entire team works as an extension of our company to pre-empt and prevent problems, rather than a lot of other firms that will aimlessly walk the client into conflicts and disadvantageous situations so it can bill you for fixing it later."

KEY INDIVIDUALS 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 is a leading patent attorney, who 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 such as 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 members of the firm are currently recommended in “Best Lawyers 2013” for their intellectual property practice, on the basis of an extensive peer review. In Germany, the ratings were published in the online edition of the newspaper “Handelsblatt”, with BARDEHLE PAGENBERG being among the few firms with nine firm members listed in this field of law.

Wolfgang Bublak, Claus M. Eckhartt, Johannes Heselberger, Peter K. Hess, Johannes Lang, Peter J.A. Munzinger, Jochen Pagenberg, Hans Wegner, Christof Karl

BARDEHLE PAGENBERG was one of the firms to start the trend for mixed discipline IP boutiques in Germany, offering both contentious and prosecution advice since its inception. It has a strong background and reputation for patents and trade marks. It employs 20 lawyers and 23 attorneys across offices in Düsseldorf, Munich, Barcelona, Milan and Paris.

Recommended for its experience in the automotive industry, the firm has represented BMW for more than 20 years. It is also known for its expertise in IT, and has handled patent and design prosecution work for Apple and trade mark infringement disputes for Nintendo. Other big companies that seek the firm's advice include Coca-Cola, L'Oréal and McDonald's, which each required assistance in trade mark litigation, and, on the patent side, Qualcomm and Amazon.

After a particularly active and successful 2011, the firm was awarded German contentious Firm of the Year at Managing IP's annual ceremony in early 2012.

In Microsoft's dispute with Motorola, a team led by Tilman Müller-Stoy represented the former in two parallel patent infringement suits relating to a patent which encompasses input methods on touch screen devices. Microsoft won at the first instance and obtained an injunction against its competitor.

Another high-profile success saw Müller-Stoy represent Adidas at the Nürnberg-Fürth District Court in its dispute with Nike. The court lifted a preliminary injunction obtained by Nike on the basis Adidas had infringed Nike's Flyknit patent.

Apple's well-documented battles have kept Johannes Lang, Johannes Heselberger and Christof Karl busy. The trio have represented it in defensive and offensive infringement and invalidity cases against HTC and Motorola.

The firm's recent disputes have not been limited to patents. The firm defended Milka in a dispute with Ritter, which claimed the confectionery company had infringed its 3D trade mark. The Cologne Appeal Court ruled in Milka's favour in April 2012.

German mixed IP boutique Bardehle Pagenberg has a small team in Paris that is recommended in patent litigation. The firm makes its debut in the rankings after peers highlighted the good work of Julien Fréneaux.

“Bardehle has reasserted itself as a force to be reckoned with, thanks to an excellent generation of younger practitioners coming through the ranks.” Its recent move to an impressive new Munich office has consolidated its site network, symbolically reintegrating the partnership and putting the departures of recent years far behind it. The “boutique on steroids” is a prolific player before the courts and the EPO. Patrons rave about the respect that partners have earned from the judiciary: “The rapid resolution of conflicts, great legal and technical expertise, sound strategic guidance and close partnering with in-house counsel make this a great choice for matters under German law.” Bardehle is a pioneer of the mixed practice model, being among the first to house attorneys at law and patent attorneys under one roof; today, its breadth of expertise remains a selling point and it is the only practice ranked on all three tables in this chapter. High-level instructions flood in from household names such as Nintendo, Medimmune, Qualcomm and Microsoft. Closer to home, BMW is a longstanding client. “Grand eminence” Jochen Pagenberg “is a hugely skilled lawyer with immense knowledge of patents and competition law. He knows how to put together a team and his interplay with patent attorney Thomas Friede at hearings strikes a great balance between forcefulness and meticulousness”. Tilman Müller-Stoy backs up “creative, outside-the-box thinking” with “superb attention to detail”; he is “brilliant in court, with a calm, persuasive style”. Dual-qualified attorney at law and patent attorney Johannes Heselberger “covers all the angles, has incredible depth of erudition and follows through with great enthusiasm”. With a background in physics, Peter K Hess operates in the semiconductor, telecommunications and other fields. He combines his command of technology with “strong engagement with businesses and adroit handling of disputes”. He is a patent attorney by profession - as is Johannes Lang , who “immediately puts everyone at ease with German patent law and procedure”. Hans Wegner is another patent attorney with “an amazing ability to pick up on the technology in question, find solutions and deal with opposition proceedings under great time pressure”.

BARDEHLE PAGENBERG „has always been a great name in trademarks“ and moves into the silver tier on a raft of positive feedback. A perennial favourite among instructors, it delivers “clear, analytical comments and opinions; persuasive arguments and reasoning; intelligent recommendations; strong time management and responsiveness”. The overall picture is of a “business-oriented group that builds great relationships based on confidence”. Clients including the Coca-Cola Company, Bridgestone, Eurosport, GlaxoSmithKline, McDonald’s, Nestlé, Kraft and L’Oréal enjoy a full complement of trademark services – including much recent activity at the cutting edge of non-traditional marks. Leading light Alexander von Mühlendahl is “one of the best, if not the best, on EU trademark law”. Henning Hartwig always impresses as an opponent. Of counsel Peter Munzinger is respected for his deep experience across all trademark issues.

At Casucci Law Firm, the "very active and highly reputed" Giovanni Casucci handles suits for some top-quality clients in North Italy.

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.

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.