Press release of November 23, 2010
The decision of the German Federal Patent Court of November 17, 2010 to fully uphold High Point’s European Patent 0 522 772 in Germany, essential for the UMTS-standard, is a milestone in asserting this patent family against telecommunication providers worldwide.
Besides an infringement lawsuit in Germany against E-Plus due to operating its UMTS-network in Germany, which will be heard by the District Court Düsseldorf in mid-December and which Ericsson and Nokia Siemens Networks joined as interveners on the side of E-Plus, further infringement and validity proceedings are pending in the Netherlands, in the USA, and in Japan.
The victory before the German Federal Patent Court is of even more importance in view of the Dutch District Court in The Hague having recently nullified the very same European patent in first instance for the Netherlands. The German Federal Patent Court followed High Point’s argumentation according to which the Dutch decision is legally flawed. This increases the chances of High Point’s appeal in the Dutch proceedings. The present judgment, the written reasoning of which is still to be rendered, may also be of importance for the Japanese proceedings.
The case is observed with great interest by the mobile telecommunication industry due to its significance also for other UMTS-providers.
Attorneys High Point:
Bardehle Pagenberg (Munich):
Johannes Heselberger (Attorney-at-Law, European Patent Attorney),
Dr. Tilman Müller-Stoy (Attorney-at-Law);
Associates: Dr. Sorel Stan (European Patent Attorney),
Thomas Schachl (Attorney-at-Law);
Dechert (London, Philadelphia): Edward Kling, Martin Black
MERH IP Matias Erny Reichl Hoffmann (Munich): Dr. Wolfgang Reichl (Patent Attorney)
Hogan Lovells (Düsseldorf, Munich):
Dr. Andreas von Falck (Attorney-at-Law),
Dr. Steffen Steininger (Attorney-at-Law);
Associate: Dr. Roland Böhler (Attorney-at-Law)
Hoffmann Eitle (Munich):
Dr. Georg Siegert (Patent Attorney)
Taylor Wessing (Düsseldorf): Dr. Michael Samer (Attorney-at-Law)
Attorneys Nokia Siemens Networks:
Von Lieres Brachmann Schulze (Munich):Roland Brachmann (Patent Attorney)
Freshfields (Düsseldorf): Dr. Frank-Erich Hufnagel (Attorney-at-Law)
Presiding Judge Federal Patent Court:
Wolfgang Gutermuth, 5th Invalidity Senate