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André Sabellek, B.Sc.

rospatt

The focus of his work as an attorney is on technical intellectual property rights. In patent and utility model law, he advises and appears for large and medium-sized US, Asian and European companies in infringement and nullity proceedings in such fields as pharmaceuticals, medical engineering, chemicals, automotive engineering, electrical engineering and computer technology. A further focus of his work is on combating product piracy. He enforces trade mark and design rights for world-famous luxury labels, especially at international trade fairs, by means of temporary legal protection and injunctions and in cooperation with the customs authorities. He is also involved in conducting litigation in competition law. He represents clients in the battle against unfair imitations of their products and against barriers to online trading. For his thesis at the end of his undergraduate course in Physics, he used a scanning tunnelling microscope to investigate the behaviour of nanostructures when deposited on crystalline surfaces. In his dissertation, he conducted research at the interface between technology and law. The dissertation was published by Mohr Siebeck with the title "Patents on Nanotechnological inventions" and was awarded the Faculty Prize of the Law Faculty at Leibniz University in Hanover. He has a particular personal interest in questions relating to mathematics and information technology and occasionally does some programming. As a student, he held a scholarship from the German National Academic Foundation, Studienstiftung des deutschen Volkes.

Markus Lenßen

rospatt

One focus of Markus Lenssen's work is on technical intellectual property rights. He appears for German, European and international clients in trials concerning the infringement of patents and utility models. He has also gained particular expertise in this connection in matters of preliminary injunctions. In addition, he attends to the associated patent nullity and utility model cancellation proceedings in close agreement and co-operation with patent attorneys. His clients come mainly from the fields of mechanical engineering, electronics and computer technology, telecommunications and biotechnology. He also acts for clients from the packaging, motor vehicle technology and medical engineering industries. He is also your man for questions from the field of agricultural technology. Apart from technical intellectual property rights, he also attends to clients over the entire range of competition law, such as unfair competition issues and infringement of designs or trade marks. In addition, he researched for his doctorate at the interface between anti-trust law and economics and published the findings in the book “Der kartellrechtlich relevante Markt” – “The Relevant Market in Anti-Trust Law” – published by Nomos. The work was supported by a postgraduate scholarship from the German Science Foundation Assembly, Working Committee Economy and Law (Stifterverband für die deutsche Wissenschaft, Arbeitskreis Wirtschaft und Recht). As a lawyer, he nowadays advises and represents clients in the field of anti-trust law, too. He was supported by scholarships from various foundations, including the German National Academic Foundation (Studienstiftung des deutschen Volkes), the Cambridge European Trust and the German Academic Exchange Service (DAAD). The University of Oxford awarded him a Jenkins European Scholarship.

Max von Rospatt

Max von Rospatt

rospatt

Max von Rospatt, partner of rospatt, works mainly as a trial attorney in the field of patent and utility model law. Based on a large number of cases of international importance, he has an excellent knowledge of international patent law. He regularly works in integrated teams with patent law experts from various countries. Ever since he began his career, he has not only conducted cases in the technical fields which has traditionally been important in patent law, namely mechanics, electronics and mechanical engineering, but has also been involved in numerous trials in the fields of pharmaceuticals, genetic engineering, chemistry and fine chemicals, digital entertainment electronics and medical engineering. Among his clients are internationally renowned pharmaceuticals and biotechnology companies, consumer goods producers, suppliers for the automotive industry and manufacturers of electronic components, and also SMEs in the plant construction sector and companies in the packaging industry. He has trial experience from appearances before all the main German patent courts and regularly take part in proceedings before the European Patent Office, the German Patent Office and the Federal Patent Court. Although his work is focused on patent law, he is also involved above all in cases concerning trade mark law, registered design law and the law of unfair competition. Advising on the law of licence agreements also takes up a considerable part of his time. He speaks regularly at national and international events on German patent law.

Miriam Büttner

Miriam Büttner

rospatt

Miriam Büttner’s interest in industrial property law was aroused at the very beginning of her legal studies by a lecture by the present Supreme Court judge Prof. Dr. Meier-Beck. She therefore planned her further legal education on that basis, e.g. by means of internships in various in-house legal departments. Her work as a lawyer concentrated from the very beginning on “green field” issues. Over the years, a focus has come about in the field of developing, pursuing and enforcing trade mark and design rights. Here, she attends to clients in the automotive, sanitary installations, pharmaceuticals and fashion industries. A special emphasis here is on combating product piracy. In addition, she assists in national and international patent infringement cases from all fields of technology. In co-operation with patent attorneys, in-house patent departments and foreign law firms, she handles proceedings before the German Patent and Trade Mark Office, the Federal Patent Court and the European Patent Office. Another major focus of her work is advising and representing companies on matters of competition law, which likewise frequently have a complex technical background. In the field of copyright, she provides consultation for clients and represents them especially in enforcing their entitlement to royalties. Here, her work mainly involves negotiating and drafting appropriate licence agreements.

Simon Klopschinski

rospatt

Simon Klopschinski represents German and foreign companies in patent proceedings, trade mark and unfair competition disputes, copyright litigation and international commercial arbitration proceedings. In addition, he advises clients on contract matters. He works in close collaboration with patent attorneys and foreign attorneys. He has technical knowledge in the fields of pharmaceuticals, medical devices, engineering, software, chemistry and electrical engineering. In the course of disputes between research-based pharmaceutical companies and manufacturers of generic drugs he has acquired special expertise with regard to supplementary protection certificates as well as the marketing of pharmaceuticals in Germany and abroad. He has participated in international commercial arbitration cases from the time of the arbitral proceedings until the execution of the arbitral award. In matters of complex licensing and marketing contracts as well as research and development agreements he advises clients on all legally and economically relevant issues. Since working at the professional chair of Prof. Dr. Karl-Heinz Fezer during his law studies he has dealt with intellectual property law. His German-language PhD thesis on the protection of intellectual property under international investment agreements (Carl Heymanns Verlag 2011), supervised by Prof. Dr. Dres. h.c. Joseph Straus, received the Award of the Law Faculty of Ludwig Maximilian University Munic (2011) as well as the Max Planck Society's Otto Hahn Medal for Junior Scientists (2012). In the renowned legal commentary "Münchner Gemeinschaftskommentar zum Europäischen Patentübereinkommen" he has commented on Articles 71 to 74 of the European Patent Convention (Carl Heymanns Verlag 2015). He has also published several articles in journals and book reviews on intellectual property law and international investment law.

Thomas Musmann

rospatt

In litigation, Thomas Musmann, partner, works principally in the field of patent and utility model law. He appears for and advises companies with an international reputation in the automotive industry and their suppliers, the chemical, pharmaceutical and biotechnology industries, medical engineering, computer technology, entertainment electronics and electrical engineering. In addition, he also supports numerous clients from SMEs, especially in the field of mechanical engineering and medical technology. He regularly works together with patent law specialists from different countries. In multinational cases, he has developed some highly regarded offensive and defensive strategies. His experience extends not only to the enforcement of industrial property rights, but also to the evaluation of the restrictions that competition and anti-trust law can impose on the proprietor of an intellectual property right in some cases. He appears before all the German patent courts and take part in proceedings before the German Patent Office, the Federal Patent Court and the European Patent Office. In addition to the main focus of his work in the field of patent law, he also deals with cases involving the law of unfair competition and trade mark and registered design law. Apart from litigation, his work principally involves drafting licence agreements. He lectures regularly on patent law.