AUSTRIAN PATENT FIRMS DEPLOY VARIED STRATEGIES TO GAIN FOOTHOLD AT UPC

The role of patent attorneys and lawyers from smaller member states at the UPC varies significantly. Austrian patent experts demonstrate different approaches to establishing their presence at the court. JUVE Patent’s new ranking for patent litigation in Austria takes a closer look at the market.

While the local division in Vienna has seen relatively little activity with only three hearings to date, JUVE Patent’s new ranking shows Austrian lawyers and patent attorneys represent their clients before other divisions.

The classic model of client representation in UPC proceedings exists in Austria, too. Nomos Rechtsanwälte, for example, is representing Swarco in infringement proceedings before the local division Vienna (case ID: UPC_CFI_33/2024). The defendant is Strabag Infrastructure & Safety Solutions and its intervenor Chainzone Technology. The case concerns EP2643717, which protects an optical system for display panels. In January, the court ruled in favour of the plaintiff and Strabag has lodged an appeal. Patent attorney Rainer Beetz of Sonn & Partner represents Strabag, while Dominik Göbel of Gassauer-Fleissner acts for Chainzone Technology.

While this case follows a traditional pattern, it remains unusual for the Vienna local division. Of the three cases the division has heard so far, the first garnered significant attention when patent attorneys Markus Gangl and Florian Robl from Torggler & Hofmann successfully represented Alpina without additional legal counsel. They are now representing this client at the Düsseldorf local division and another client at the Milan local division. They have emerged as the unexpected success story among Austrian firms at the UPC.

One exception among international firms

Large international firms largely eschew maintaining a presence in Vienna. Taylor Wessing stands out as an exception, having recruited experienced patent litigator Thomas Adocker two years ago. He represented patent owner CUP&CINO alongside patent attorney Andreas Gehring from Puchberger & Partner in the UPC proceedings against Alpina.

Adocker also participates in other UPC proceedings with colleagues from Taylor Wessing’s international offices. A prime example is his involvement in Ericsson’s patent infringement case against Asus, where he works alongside the Dutch team led by Wim Maas.

Austrian lawyers and patent attorneys employ varying strategies to establish their role at the UPC. However, no single approach has emerged as a guaranteed path to success.

Information take from Juve Patent https://www.juve-patent.com/people-and-business/austrian-patent-firms-deploy-varied-strategies-to-gain-foothold-at-upc/

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