Since joining our IP Practice Group back in 2004 I have been focusing on international and cross-border patent litigation in particular for pharma and life sciences clients with an equally extensive expertise in litigating preliminary injunction cases.

Advising our national and international clients across a variety of sectors, particularly in international patent disputes, my practice focuses on patent litigation before the civil courts as well as the European Patent Office and the Federal Patent Court, working alongside patent attorneys.

With significant litigation experience, I have represented our clients in numerous landmark preliminary injunction proceedings in particular in the pharmaceutical and medical devices field. I also advise our clients on pharmaceutical and contractual law issues.

By coordinating numerous huge cases across borders and practices, I have been able to build up a broad international network of counsel, patent attorneys and other experts in the technical, economic and legal field including the development of in-depth project management skills within my team.

As a member of the faculty and Board of Trustees of the Munich Intellectual Property Law Centre (MIPLC), I lecture regularly on the enforcement of patents in Europe and the coordination of international patent litigation. I am also a member of the German Intellectual Property and Copyright Association (GRUR) and the US Federal Circuit Bar Association (FCBA).

  • Advising several large internationally acting pharmaceutical companies on various aspects of patent litigation, representation in multiple patent infringement proceedings, in patent entitlement, damages and preliminary injunction proceedings as well as validity proceedings, including disputes on blockbuster products, small molecules, biologics and biosimilars. I regularly coordinate multijurisdictional disputes i.a. as lead counsel advising on offensive and defensive patent strategies in typical originator vs. generics/biosimilar cases and also disputes between originators.
  • In this respect I have been involved in several SPC disputes, in landmark cases developing new case law on second medical use patents as well as advised on orphan drug cases, various regulatory issues including data protection and patent law aspects in the context of pharmaceutical procurement law.
  • Representation of Japanese and US medical device entities in various patent infringement proceedings and a series of preliminary injunction cases relating to stent products including the involvement in the respective validity proceedings.
  • Representing global chemical company on a series of patent infringement and invalidity actions relating to various chemical products for catalytic applications in the automotive sector.
  • Landmark preliminary injunction cases from the life sciences sector I have been involved in:
  • Higher Regional Court Düsseldorf, I-2 U 47/07, 29 May 2008 – Olanzapine re enforcement of patent revoked in first instance where first instance judgment was deemed to be obviously wrong
  • Higher Regional Court Düsseldorf, I-2 U 44/12, 20 September 2012 – Efavirenz re imminent threat of infringement after receipt of a marketing authorisation and warning letter; Higher Regional Court Düsseldorf, I-2 U 23/13 & I-2U 25/13, 13 September 2013 – Drospirenone I & II re equivalent infringement of process patents; Regional Court Düsseldorf, 4c O 84/13, 24 October 2013 – G-CSF-Polypeptid re validity standard in preliminary injunction proceedings for utility models in pharmaceutical case relating to biologics; Higher Regional Court Düsseldorf, I-2 U 94/12 & I-2 U 95/12, 7 November 2013 – Desogestrel re standard of validity review in preliminary injunction cases; Regional Court Hamburg, 315 O 24/15, 2 April 2015 – Pregabalin re infringement of second medical use claims by participating in tenders not limited to patent-free indication; Higher Regional Court Düsseldorf, I-2 U 48/15, I-2 U 49/15 & I-2 U 50/15, 21 January 16 – Balloon Expandable Stents re urgency requirement when waiting for second instance confirmation of patent's validity before filing preliminary injunction request; Regional Court Düsseldorf, 4c O 46/16, 12 December 2016 – Fulvestrant re standard of validity review in light of negative preliminary opinion of Federal Patent Court; Higher Regional Court Düsseldorf, I-W 6/17, 5 May 2017 – Fulvestrant re lacking urgency when only enforcing second medical use patent after failure of preceding preliminary injunction proceeding with other patent against same products and criteria for infringement of second medical use claims lacking a manifest preparation for the patented purpose; Higher Regional Court Munich, 6 U 3039/16, 18 May 2017 – Pemetrexed re equivalent infringement; Higher Regional Court Düsseldorf, I-2 U 30/17, 1 March 2018 – Dexmeditomidine re criteria for infringement of second medical use claims; Higher Regional Court Düsseldorf, I-2 U 59/18 & I-2 U 62/18, 15 March 2019 – Ezetimibe/Simvastatin re invalidity of combination SPC following first SPC on monotherapy based on Art. 3c) of EU SPC Regulation and standard of review in potential case for referral to the Court of Justice of the European Union.
Education
  • Legal studies at the University of Hamburg (Germany) and Université Bordeaux Montesquieu IV (France, 1995/1996)
  • Doctoral thesis on issues of patentability of human biotechnological inventions in Germany and Europe at the Heinrich-Heine University of Düsseldorf, 2005
  • Legal clerkship ("Referendariat") at Regional Civil Court Kleve and i.a. in the IP group of an international law firm
Admissions
  • Admitted to the German bar in 2005