The protection of intellectual property is not a temporary trend, but rather a necessity for being successful in the market. Protecting inventions, products or trademarks, developing IP strategies, enforcing IP rights, analyzing risks, attacking third-party IP rights, fending off attacks from competitors' IP rights - our team supports clients worldwide in all IP situations.
Our team consists of selected attorneys whose technical and legal expertise and litigation experience form the basis for successfully advising our clients. Engineers and scientists bring their analytical mindset and comprehensive technological and scientific expertise to bear on your behalf.
The new JUVE Patent ranking Germany 2024 is online!
The top of the market is getting thinner. This development is driven by fewer cases at national courts as the UPC gets underway. Read how law firms are responding here:
https://lnkd.in/e8sDWx79
Ein inspirierendes Unternehmerfrühstück in Konstanz
Heute hatten wir das Vergnügen, mit Felix F., Sebastian Schneller und Frank Eichelhardt am Unternehmerfrühstück in Konstanz teilzunehmen – und das nicht nur als Gäste, sondern auch als Sponsor dieser großartigen Veranstaltung!
Das Unternehmerfrühstück bietet Unternehmer aus der Region eine herausragende Plattform, um sich auszutauschen, neue Impulse zu gewinnen und ihr Netzwerk zu erweitern. In der großartigen Atmosphäre über den Dächern von Konstanz im Glorious Garden auf dem LAGO-Dach konnten wir spannende Gespräche führen und wertvolle Kontakte knüpfen.
Besonders beeindruckend war der Vortrag von Jörg Löhr zum Thema „Neue Perspektiven – Erfolg beginnt im Kopf“, in dem er uns praxisnahe Tipps gab, wie wir in turbulenten Zeiten Chancen erkennen und mutig Herausforderungen meistern können.
Veranstaltungen wie diese sind für uns eine wertvolle Gelegenheit, nicht nur neue Ideen für die Unternehmensführung zu sammeln, sondern auch bestehende Beziehungen zu pflegen und unser Netzwerk weiter auszubauen. Das Frühstück war der perfekte Start in den Tag und hat uns mit viel Motivation und frischen Perspektiven für die nächsten Schritte ausgestattet!
Ein großes Dankeschön an die Marketing und Tourismus Konstanz GmbH sowie an alle Teilnehmer für diese gelungene Veranstaltung! Wir freuen uns schon auf das nächste Unternehmerfrühstück und darauf, auch weiterhin als Sponsor und aktiver Teil dieser inspirierenden Gemeinschaft zu agieren.
#Unternehmerfrühstück#Konstanz#Netzwerken#Motivation#Unternehmensführung#Inspiration#BusinessEvent#Bodensee
Bodensee IP Forum 2024: A Successful Event
On October 10, 2024, we proudly hosted the inaugural Bodensee IP Forum at our offices in Constance. This landmark event featured thought-provoking presentations and discussions, focusing on critical topics such as strategic IP management and business-oriented IP portfolio development, led by Falk Werner. The forum also explored the evolving landscape of AI-assisted prior art searches, with illuminating insights from David Rees of the IGE. Other key discussions covered software protection and the developments surrounding the Unified Patent Court (UPC) since its establishment in June 2023.
From our firm, Frank Eichelhardt introduced into the discussions, while Sebastian Schneller delved into software protection and copyright matters. Jonas Weickert and Bernhard Thum shared their firsthand experiences with the UPC, and Andreas Mötsch expertly guided the audience through a lively Q&A session.
We were also honored to have distinguished guest experts Andri Hess and Michael Van Loy, who offered valuable external perspectives from Switzerland and the USA on the UPC, respectively. The forum's depth was further enriched by an impromptu discussion on software patenting practices across the USA, Israel, and Europe, with Roy Melzer sharing his views on the topic.
The diverse international lineup of speakers and participants brought a wide range of expertise, sparking dynamic conversations about the latest challenges and innovative solutions in the IP field. These engaging discussions extended well into the event’s closing aperitif.
We extend our heartfelt thanks to all speakers and attendees for their invaluable contributions, which played a key role in the success of this event. We are already looking forward to the next edition of this exciting forum in 2025!
Reflecting on the Startup Nights in Winterthur
We had a fantastic time at the Startup Nights in Winterthur! The energy and passion of the participating founders were truly inspiring. It was wonderful to see so many innovative ideas and projects being presented.
A particular highlight for us - Sebastian Schneller, Frank Eichelhardt, and Felix F. - was the engaging conversations we had. These encounters not only opened new perspectives but also created exciting networking opportunities and a chance for us to learn from one another.
A big thank you to all the participants for their courage in sharing their visions and to the hosts for organizing this great event!
We are already looking forward to the next opportunity to support the startup community and grow together!
#StartupNights#Networking#Innovation#Entrepreneurship#Winterthur
Thum & Partner is again included in JUVE Patent's ranking for Germany. According to the analysis, "the IP boutique’s visibility and reputation has grown internationally through its involvement in high-volume UPC cases" and our firm "has undoubtedly surprised market observers having landed so many extensive UPC cases so soon after the boutique was founded".
Bernhard Thum is recognized as one of 21 "Patent attorneys with technical specialty" for mechanics, process and mechnaical engineering. Furthermore, Bernhard Thum and Jonas Weickert are both listed as recommended individuals.
Our strength continues to be our #Team living vision and focus.
https://lnkd.in/eAAPyHYy
Bodensee IP Forum 2024: A Successful Event
On October 10, 2024, we proudly hosted the inaugural Bodensee IP Forum at our offices in Constance. This landmark event featured thought-provoking presentations and discussions, focusing on critical topics such as strategic IP management and business-oriented IP portfolio development, led by Falk Werner. The forum also explored the evolving landscape of AI-assisted prior art searches, with illuminating insights from David Rees of the IGE. Other key discussions covered software protection and the developments surrounding the Unified Patent Court (UPC) since its establishment in June 2023.
From our firm, Frank Eichelhardt introduced into the discussions, while Sebastian Schneller delved into software protection and copyright matters. Jonas Weickert and Bernhard Thum shared their firsthand experiences with the UPC, and Andreas Mötsch expertly guided the audience through a lively Q&A session.
We were also honored to have distinguished guest experts Andri Hess and Michael Van Loy, who offered valuable external perspectives from Switzerland and the USA on the UPC, respectively. The forum's depth was further enriched by an impromptu discussion on software patenting practices across the USA, Israel, and Europe, with Roy Melzer sharing his views on the topic.
The diverse international lineup of speakers and participants brought a wide range of expertise, sparking dynamic conversations about the latest challenges and innovative solutions in the IP field. These engaging discussions extended well into the event’s closing aperitif.
We extend our heartfelt thanks to all speakers and attendees for their invaluable contributions, which played a key role in the success of this event. We are already looking forward to the next edition of this exciting forum in 2025!
Which firms are US based companies using for their #UPC litigation? The following chart shows firms representing US clients in at least 5 UPC cases.
BARDEHLE PAGENBERG tops out the list with 29 cases, followed by Taylor Wessing and Thum & Partner with 19 and 17 respectively.
Quinn Emanuel is the only US based firm in the list, currently representing US clients in 5 cases.
Be sure to test drive Docket Navigator's UPC coverage, with 24/7 access to all decisions, searchable by party name, legal issue, judge, etc.. Try it free until the end of September by signing up at https://lnkd.in/ghr2wxkH .
#unifiedpatentcourt; #patentlitigation
Last Friday, the Central Division of the Unified Patent Court in Paris issued its first main decision (see below). The patent, which had been challenged in parallel by a central revocation action at the PCD and a revocation counterclaim at the MLD, was upheld based on an auxiliary request addressing an added matter issue that was identified before in parallel EPO opposition proceedings. Alongside Bird & Bird and Powell Gilbert, Thum & Partner represented the patentee in this case. Claimant and counterclaimant were represented by a substantially larger team including representatives from Gide Loyrette Nouel, Hogan Lovells, Marks & Clerk, REGIMBEAU, and Wildanger Kehrwald Graf v. Schwerin & Partner mbB Rechtsanwälte.
The UPC decision thoroughly deals with all aspects raised by the parties, such as the question of the reasonable number of auxiliary requests and their time of filing, the joint hearing of two procedurally independent cases, the influence of parallel EPO opposition proceedings, and the questions of the validity of priority, added matter, novelty, and inventive step. All these aspects are carefully addressed and very well-reasoned in the decision. The decision is worth studying! As can be seen from the recent decision of the Central Chamber in Munich (https://lnkd.in/eS5RMT5D) also issued earlier last week, the UPC is extremely well staffed, and the decisions are well thought out.
Some initial takeaways:
- The UPC finds pragmatic solutions even for complex procedural constellations, such as parallel revocation actions.
- In particular in complex procedural constellations the interim conference is a very valuable tool for accomplishing efficient and targeted case management.
- The presence of technical judges on the panel is conducive to the quality of the discussion of novelty and inventive step during the oral hearing and in the decision.
- The Court takes into account the case law of the European Patent Office but does not follow it blindly. It develops its own approaches, e.g., when assessing inventive step. The problem-solution approach is not necessarily applied.
- The admissible (reasonable) number of auxiliary requests depends on the complexity of the proceedings; the number of auxiliary requests and their structure should be chosen in such a way that they can be discussed between the parties within the time frame given by the oral hearing.
- The impact of parallel opposition proceedings at the EPO on ongoing UPC proceedings is significant.
- In the present case, representatives on both sides were well prepared not only for the main pleading but also to deal with questions from the Court. A concise, free presentation by the representatives in a well-coordinated team that is prepared for questions from the panel seems to be appropriate for the format of the hearing.
The UPC promised rapid high-quality decisions. In our view, the Court kept this promise with the two decisions in revocation actions from last week.
The Central Division Paris Section has delivered last Friday its first decision in the revocation action ACT_551308/2023 UPC 255/2023 and the referred counterclaims for revocation CC_584916/2023 and CC_583050/2023.
The decision was issued within the one-year period from the filing of the claims.
The proceedings concerned the European patent n° EP 3 646 825, which related to a prosthetic heart valve having a sealing mechanism to prevent or minimize perivalvular leakage.
The Central Division addressed important procedural issues and, on the merits, ruled that the proposed amendments to the patent were suitable to address the plaintiffs' objections regarding, mainly, added matter, lack of novelty, and lack of inventive step.
The decision can be read here: https://lnkd.in/eTrTGXf9#upc
