Vita

Dr Christof Augenstein has been active as a litigator for more than 10 years and has become a Certified Specialist in Intellectual Property in 2007, enforcing intellectual property rights such as patents, trademarks, and designs in litigation. His advice, in particular in extensive, technically complex patent infringement litigation, is valued by clients around the world. He has been widely recommended in directories (Best Lawyers / Handelsblatt, IP Star Managing IP, JUVE) for his legal advice in the field of intellectual property rights. His awards confirm not just his technical expertise, but also his relentless dedication to the interest of his clients.

Besides his work as an author and editor of scientific publications, Dr Christof Augenstein is also a member of various specialised committees. Among other engagements, he is acting as Co-Chair of the Standing Committee on Unitary Patent (UPC) Q 243 and as a member of the Standing Committee on Enforcement Q 224 at the AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle – International Association for the Protection of Intellectual Property). At the German Lawyers’ Academy of the German Bar Association, he trains aspiring lawyers specialising in intellectual property law. He also regularly holds seminars at the German Association of Intellectual Property Experts (VPP).

Contact

“one of the best litigators in the business”, “really impressive […] attention to detail”
“Heavyweight”
Managing Intellectual Property IP Stars - 2017 and 2018, Patent Star - Germany
“tough and tactically skilled negotiator”
The Legal 500, The Legal 500 Germany

 

 

Representative cases

  • Representation in a competitive process regarding competitive originality and imitation of natural-stone cobblestones (Higher Regional Court Cologne GRUR 2017, 1159 – natural-stone cobblestones)
  • Leadership in a series of proceedings of a global leader in the telecommunications sector against Apple for infringement of standards essential patents (GSM/AMR/LTE) and implementation patents.
  • Leadership in the defence of a European DVD manufacturer in a total of nine patent infringement suits by members of the MPEG2 consortium before the Higher Regional Court of Dusseldorf, and participation in the proceedings before the Federal Court of Justice (BGH GRUR 2012, 1230 – MPEG 2 – Video signal encoding).
  • Representation of a leading manufacturer of mobile phones in patent infringement litigation for use of the Android operating system.
  • Representation of a brand manufacturer in its action against a discount food retailer for imitation of the design of instant pudding (OLG Dusseldorf IPRB 2013 35-36).
  • Representation in patent infringement litigation on electron beam therapy equipment (parallel infringement proceedings for the annulment decision BGH 2012, 475 – electron beam therapy system).
  • Representation of an automotive supplier for wrongful exploitation of an invention by an employee (BGH 2011 733 – initial idea).
  • Representation of a leading automotive supplier in a patent infringement case (also injunctive proceedings) against a competitor (OLG Dusseldorf, GRUR-RR 2011 81 – floating calliper disk brakes I + II).
  • Participation in competition proceedings on misleading advertising of an onion and vegetable cutter (OLG Hamburg WRP 2006, 1152 – Im Handumdrehen).

Publications

  • Everything new with question marks – how will the European Patent Court work? – Guest commentary FAZ, Düsseldorf, 18 April 2017 [German]
  • Co-editor of Augenstein/Wilson/Agé, Unified Patent Court Procedure, C.H.Beck/Hart Publishing, anticipated publication date, 1. half of 2019
  • UK becomes part of the UPC- London is transferring sovereignty rights despite Brexit- vote to EU in Düsseldorf, Börsen-Zeitung, 17 December 2016 [German]
  • Analogous application of secrecy provisions in main proceedings, Commemorative Publication on 80 years of patent jurisdiction in Düsseldorf, 10/2016, p. 25-36 [German]
  • Proceeding comment on intellectual property rights, C.H.BECK – (Compare as well review by Grabinski, in: GRUR 2015, 244) [German]
  • Ongoing  restriction of competition in licensing contracts in front of  Court of Arbitration?, Platow Online 2012
  • Comments on Federal Court of Justice: No implied non-offensive-obligation of a authorized third, Decision review on decision of 24 January 2011 – X ZB 33/08, GRUR Prax 2011, 148
  • Comments on BPatG: Upper limit of amount in dispute amount at unsubstantiated presentation 500.000 Euro, Decision-making meeting for the decision of December 17, 2009 – 35 W (pat) 26/09, GRUR Prax 2010, 231 [German]
  • Dispute of patent infringement proceedings after change of the patent claims, GRUR 2008, 457 [German]
  • Faster and cheaper to a European patent, VDI-news 18/2006
  • Legal foundations of the distribution plan of collecting societies with copyrights, UFITA Schriftenreihe Vol. 222, 2004

Lectures

  • Ericsson IPR Summit 2018, Gothenburg, Sweden, 21-24 May 2018
  • The infringement process, VPP- seminar, Mannheim, 15-17 March 2018
  • Intellectual Property Rights, Lecture for lecture series, DAA, Stuttgart, 23 June 2017
  • German and UPC Patent Infringement Litigation Proceedings, Akademie für Fortbildung Heidelberg, Munich, 22-24 November 2017
  • German/UPC infringement proceedings, JETRO, Tokio, Japan, 11 October 2017
  • Protection of patents, 34. Specialist lawyer course for industrial property rights, Stuttgart, 23 June 2017
  • Patent Infringement Proceedings, VPP special seminar, Maritim Hotel Mannheim, 26-28 January 2017
  • EPLAW Europe/Japan Mock Trial, Gathering evidence in patent proceedings: a comparison of Japan, France, Germany and the UK, Paris/France, 23 September 2016
  • Protection of patents, 32. Specialist lawyer course for industrial property rights, Dusseldorf, 24 June 2016
  • Civil law for the patent department, VPP special seminar, Maritim Hotel Ulm, 3-5 March 2016
  • Unitary Patent Package, Euroforum, Mövenpick Hotel Amsterdam City Centre, Amsterdam, Netherlands, 4 February 2016
  • UPC Mock Trial, Korean Intellectual Property Lawyers Association (KILPA), Seoul, South Korea, 22 April 2015
  • 10th Anniversary Symposium of IP High Court of Japan, FRAND case study, Tokyo, Japan, 20 April 2015
  • Infringement proceedings, VPP Seminar, Hilton Cologne, Cologne, 20-22 November 2014
  • The New Patent System in Europe, Canadian German Chamber of Industry and Commerce, Toronto, Canada, 17 September 2014
  • Bifurcation in Germany – the practice of patent infringement courts and the future under the Unified Patent Court, annual meeting, Svenska Industrins IP Förening (SIPF), Stockholm, Sweden, 6 February 2014