Best Lawyers 2021 – distinctions for 24 BOEHMERT & BOEHMERT attorneys, Dr. Ute Kilger named “Lawyer of the Year“

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In the current ranking of the US specialist publishing house “Best Lawyer”, a total of 24 BOEHMERT & BOEHMERT attorneys are honoured as “Best Lawyers”, more than ever before.
Dr. Ute Kilger again received the “Lawyer oft he Year” award for the field of “Biotechnology Law and Life Sciences Practice”.

In detail the following lawyers were honoured:

Christian W. Appelt, Munich, Intellectual Property Law (with specific focus on Patent)

Dr. Björn Bahlmann, Frankfurt/Main, Intellectual Property Law

Dr. Thomas Bittner, Berlin, Intellectual Property Law

Dr. Rudolf Böckenholt, Bremen, Intellectual Property Law

Dr. Andreas Dustmann, Berlin, Intellectual Property Law

Dr. Markus Engelhard, Munich, Intellectual Property Law

Dr. Sebastian Engels, Berlin, Intellectual Property Law

Silke Freund, Munich, Media Law

Prof. Dr. Heinz Goddar, Munich, Intellectual Property Law (with specific focus on Patent)

Peter Gross, Munich, Intellectual Property Law

Dr. Carl-Richard Haarmann, Munich, Intellectual Property Law

Philipp Johannes Henrichs, Dusseldorf, Intellectual Property Law

Dr. Ute Kilger, Berlin, Biotechnology Law and Life Sciences Practice

Dr. Ludwig Kouker, Bremen, Intellectual Property Law

Dr. David Kuttenkeuler, Munich, Intellectual Property Law

Dr.-Ing. Uwe Manasse, Bremen, Intellectual Property Law

Dr. Julia Müller, Berlin, Intellectual Property Law

Malte Nentwig, Bremen, Intellectual Property Law

Dr. Eckhard Ratjen, Bremen, Intellectual Property Law

Dr. Michael Rüberg, Munich, Intellectual Property Law

Dr. Martin Schaefer, Berlin, Entertainment Law and Intellectual Property Law

Dr. Sebastian Schlegel, Berlin, Intellectual Property Law

Dr. Florian Schwab, Munich, Intellectual Property Law

Dr. Martin Wirtz, Berlin, Intellectual Property Law

“Best Lawyers” uses a peer review process to select the award-winning attorneys. The assessments are based on survey results from leading lawyers in a geographical area and in a defined legal practice field. Lawyers with the best evaluations from their peers are highlighted as “Lawyer of the Year”. Only one attorney is honoured with this award for each practice area and location.

You can access the list of BOEHMERT & BOEHMERT’s “Best Lawyers” here!

German Constitutional Court further strengthens equal arms in preliminary injunction matters

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Both parties’ right to be heard in court is a central aspect of equal arms. It has been decades of practice that defendants in injunction proceedings are only heard in the oral hearing if they object, i.e. when the preliminary injunction has already issued – and had to be observed. The German Constitutional Court already partly put paid to this practice in September 2018  (1 BvR 1783/17). The defendant had to be heard before a decision was made. Suitable means for this are, for example, a cease-and-desist letter sent out of court or an oral hearing being conducted before judgement is entered into.

In a very recent decision from June 2020 the German Constitutional Court developed a second, even stronger bolt (1 BvR 1246/20). If a cease and desist letter was sent but the court order is then sought on extended or different legal aspects, the defendant must be heard again before a decision is issued in favour of the plaintiff.

The possibility of dispensing with an oral hearing in urgent cases under § 937.2 of the Code of Civil Procedure does not allow the defendant to be kept out of the proceedings until the order has been issued. Even in urgent cases it is possible for the court to pick up the phone or even communicate with the defendant by e-mail.

Both parties must be involved in the proceedings on an equal footing. Secret proceedings are not acceptable. Subsequent procedural rights only after the injunction issued do not cure violations of procedural rights beforehand.

The German Constitutional Court grants not only the bolt, but also, so to speak, the lock for the disadvantaged defendant to fence in court and plaintiff: the direct constitutional complaint against the order for the preliminary injunction, when it is contrary to constitutional rights! And that without the need to obtain in advance, for example, the suspension of the enforcement or a declaratory judgment at the Regional Court.

It is advisable to hear defendants comprehensively before court proceedings or to have very good reasons for not doing so. The possibilities of scoring “surprise hits” have been further significantly restricted.

IAM Patent 1000: Once again top marks for BOEHMERT & BOEHMERT attorneys

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“Highly recommended” is the praise of the IAM jury again this year, which honours BOEHMERT & BOEHMERT with 1st place in the category “Prosecution and Nullity”. A recommendation is also made for the areas “Transactions” and “Infringement”.

Five BOEHMERT & BOEHMERT attorneys receive special recognition:

Dr. Michael Rüberg and Dr. Dennis Kretschmann are highlighted as „key figures on the contentious side“, who „match an impressively strategic approach with a wealth of licensing, technology transfer and employee invention know-how”.

Dr. Michael Rüberg is an attorney at law „whose coordination of cross-border infringement disputes is silky smooth”, while patent attorney Dr. Dennis Kretschmann also „shines in examination proceedings before patent offices both at home and abroad”.

Words of recognition were also awarded to Dr. Heinz Goddar, the “lodestar on the prosecution side”, and Christian W. Appelt, the “darling of internationally minded players from Japan, China and the United States”. Both had made a name for themselves as administrators of an extensive patent portfolio on behalf of Intel Corporation and as a talented and successful writing duo.

The IAM jury also highlighted the expertise in the life sciences of patent attorney Dr. Markus Engelhard. He has excellent communication and analytical skills and always provides solutions which meet clients’ requirements while embracing their economic interests. Dr Markus Engelhard has been managing a large patent portfolio for Novo Nordisk since this year.

About IAM Patent 1000
IAM Patent 1000 is an independent publication of the IAM intelligence service, which identifies and classifies the leading patent attorneys and attorneys-at-law from 48 of the world’s most important jurisdictions and 18 US states each year.

Silke Freund and Dr. Sebastian Engels contribute to the “International Comparative Legal Guide – Digital Business 2020“

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The Global Legal Group has published the first edition of the “International Comparative Legal Guide – Digital Business 2020”. The guide is aimed specifically at corporate attorneys and offers a comparative legal analysis of current legal requirements and topics for digital business. 

Under the heading “Digital Business Laws and Regulations – Germany”, BOEHMERT & BOEHMERT attorneys Silke Freund and Dr. Sebastian Engels provide an insight from a German perspective. 

In eleven chapters, they deal with regulations for e-commerce, data protection, cyber security, cultural norms, brand enforcement online, cloud computing and further digital topics. 

The complete article is available here online or as PDF.

BOEHMERT & BOEHMERT attorneys elected to decisive positions in the most important associations of European and German patent attorneys

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From this year onwards, two BOEHMERT & BOEHMERT patent attorneys and partners will attend important functions in national and European committees.
Dr. Michael Hartig was elected to the Council of the “Institute of Professional Representatives before the European Patent Office” (epi) and thus to the professional association of all European patent attorneys.
This Counsel is appointed by the members of the epi, who in turn elect the epi Board of Directors and members of various committees. As an organisation, the epi is concerned with the development and effects of patent law, advises political decision-makers and is an observer in many advisory bodies of international organisations.

Dr. Michael Hartig works in various fields of intellectual property, but mainly in patent prosecution. This includes preparing patent applications, conducting all filing and examination proceedings at the patent offices for German and foreign clients, and the creating and managing of corresponding patent portfolios. His technical field of practice includes electronics, semiconductor physics, laser technology, medical technology, software, and universal physical applications. Since 2003, he has been a registered German as well as European patent attorney and a partner at BOEHMERT & BOEHMERT in Munich.

Dr. Ute Kilger was elected to another important committee. Since beginning of the year, the patent attorney with a doctorate in chemistry has been a member of the board of directors of the German Patent Attorney Association (Deutsche Patentanwaltskammer DPAK), which acts as the representative of all patent attorneys in Germany. As a public law corporation, the DPAK monitors i. a. compliance with professional law, assists in the training and admission to the German Patent Attorneyship as well as in national and international legislative projects.

Since August 2009, Dr. Ute Kilger has been working as a partner at BOEHMERT & BOEHMERT in Berlin. She assists pharmaceutical and biotechnology companies as well as academic institutes in all kinds of patent related issues concerning the obtaining and enforcement of property rights, due diligence, mergers & acquisitions, contract negotiations, and licensing agreements. In addition, Dr. Ute Kilger manages large patent portfolios, is involved in patent infringement processes where she represents her clients in nullity suits up to the German Federal Supreme Court of Justice.

Cancellation of Planned Events

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Due to the current situation, caused by the worldwide spread of COVID-19, we unfortunately had to cancel all planned events until further notice. Of course, we shall keep you updated as soon as we can resume planning.

Until then – stay healthy!

Your BOEHMERT & BOEHMERT Team