Case Study „Patente – SEPs/FRAND“
WILDANGER regularly advises and represents owners, but also implementers of standard essential patents (SEP).
For example, WILDANGER advised a SEP owner on the preparation and enforcement of a licensing campaign for patents relating to audio compression and represented him in court proceedings. In the context of this campaign, WILDANGER has obtained several injunctive relief judgements for its client against manufacturers and distributors of patent infringing mobile phones before the Regional Courts of Mannheim and Düsseldorf. Furthermore, WILDANGER, together with the patent attorneys involved, has defended the patents asserted in the nullity actions brought against them. As a result of the judgments obtained in the infringement proceedings, the asserted SEPs could be successfully exploited commercially.
WILDANGER's activities are not limited to the judicial enforcement of SEPs. WILDANGER also provides comprehensive advice on the development of licensing strategies and the preparation of FRAND offers or counter offers. Accordingly, WILDANGER´s clients include SEP owners, but also implementers.
Case Study „Trademark“
WILDANGER regularly advises and represents its clients in trademark and union trademark law.
For example, WILDANGER has recently successfully defended a manufacturer of outdoor clothing against a competitor's attack based on two union trademarks and its corporate name. The particular danger of this attack on our client was that it was directed against the company name of our client as well as the label used for the entire product range. In this case, complex issues relating to the similarity of the signs at issue played a particularly important role. Both, the District Court and the Court of Appeal followed our arguments and dismissed the action.
Case Study „Licences“
In addition to advice in connection with the enforcement of intellectual property, WILDANGER also advises on the drafting of IP contracts and the enforcement of or defense against claims arising from such contracts.
For example, WILDANGER recently advised an automotive supplier on the enforcement of contractual rendering of accounts and royalty claims based on a portfolio of more than 40 patent families and represented the supplier against the licensee, a global automotive manufacturer, in court. The dispute addressed not only questions of use from a technical point of view, but also, among other things, questions of use of the licensed property rights from a legal point of view due to the manifold international supply relationships on the part of the licensee. After the parties agreed on a judicial mediation procedure, the legal dispute could finally be settled extremely successfully in the interest of the client, whereby the result achieved could at the same time be used profitably in subsequent negotiations with other automobile manufacturers.
Case Study „Design“
WILDANGER also advises and represents its clients in all matters relating to design and community design law.
WILDANGER recently represented a client, a large German chemical and consumer goods group, against a competitor's attack on one of the client's Community designs, which protects a high-volume product against imitation. In these proceedings - most recently pending before the General Court of the European Union (GC) - questions relating to the distinction between independent and non-independent elements of older citations had to be decided. According to the ruling of the GC, the client's Community design remains valid and can thus continue to be enforced against competitors.