Vita

Dr Peter Kather, founding partner of Kather Augenstein, has more than 30 years experience in consulting and litigation in the field of intellectual property law. His focus is on technical intellectual property rights. He has handled hundreds of patent and utility model infringement cases in the 1st and 2nd instance before District and Higher Regional Courts, and acted in further appeals at the German Federal Court (BGH). His expertise extends from engineering and telecommunications to chemistry and biotechnology. In parallel to infringement proceedings, he also acts in opposition proceedings before the German Patent and Trademark Office (DPMA) and the EPO, as well as in nullity proceedings before the Federal Patent Court (BPatG) and the Federal Court (BGH). One of his specialties are cross-border proceedings. He has conducted numerous proceedings of this type in Germany in a leading role, and coordinated them at international level.

Dr Peter Kather regards his principal task in identifying the best arguments in conjunction with the client. In this context, the close cooperation with in-house and external patent lawyers is an important piece of the puzzle in building an understanding of the various technical issues so as to be able to convey them in court. He regards himself as a link between the scientists/technicians and the judges who, as legal professionals, have the same tools at their disposal as he does.

Dr Peter Kather has performed several times in the role of arbitrator at the ICC. Furthermore, he is a member of the German Association for Intellectual Property and Copyright (GRUR), the European Patent Lawyers Association (EPLAW), the German Association for Computer Technology and Law (DGRI) and the German-British Lawyers’ Association. Next to that, he lectures periodic at conferences and seminars (e.g. German Association of Intellectual Property Experts (VPP)). He has also published numerous academic articles and has regularly received awards and recommendations in recent years (including Best Lawyers, Chambers, Expert Guide, IAM, Juve, Legal 500, Managing Intellectual Property).

Kontakt

„brilliant rhetoric in the courtroom“ and “has a high standing among judges.”
IAM Patent 1000 , IAM Patent 1000 - 2017
“Probably one of the best attorneys in patent litigation” and “one of the best in oral hearings”.
Managing Intellectual Property IP Stars - 2017 and 2018, Patent Star - Germany
“patent law luminary”, “absolutely unique before the courts”, “inexhaustible expertise”
“With him you are in good hands”
Juve Handbuch Wirtschaftskanzleien, Juve Handbuch 2017

 

 

 

Representative cases

  • Patent dispute summary proceedings on distress call technology on behalf of an automobile manufacturer against a patent licensing agency
  • International patent disputes in the telecommunications sector (FRAND)
  • Equivalence as per the BGH “occlusion device” (Higher Regional Court [OLG] of Dusseldorf, GRUR-RR 2014, 185, “toilet seat hinge”)
  • International patent litigation on biotechnological vaccines for animals
  • International patent litigation over “click” technology for floor coverings
  • Summary proceedings for recently issued patents (OLG Dusseldorf, MittdtPatA 2011 193, “urinary catheter kit”)
  • Patent dispute over information rights in summary proceedings (OLG Dusseldorf, GRUR-RR 2011 81 “floating calliper disk brakes”)
  • International patent litigation on sole structure in footwear
  • International patent litigation concerning medical devices (eg stents, thermocycler)
  • Proceedings concerning the EU-wide conditions for the registration as a Community trade mark for traffic enforcement, to be regarded as descriptive (CFI BeckEuRS 2011 579031)
  • Patent dispute series on remanufactured printer cartridges for inkjet printers
  • Long-term representation of a pharmaceutical manufacturer in disputes concerning permissible advertising claims
  • Patent dispute on behalf of a Japanese automobile manufacturers on hybrid technology
  • International patent dispute over the eligibility of patents (rei vindicatio) on transponder technology
  • Systems dispute between automobile manufacturers (BGH, GRUR 2006, 131, “side-glance mirror”)
  • Permissibility of national border seizure against infringing parallel imports (BFH, not published)
  • Patent litigation against illegal re-importation of pesticides (BGH, GRUR 2000, 299, “Karate”)
  • Dispute on inventor remuneration for the managing director of a KG (BGH 1990, 193 “car child seat”)

Publications

  • The tasks of the patent attorney to acquire and defend patents, Commemorative Publication on the occasion of the 50th anniversary of the Order Concerning Patent Attorneys on January 1st, 2017, April 2017, p. 237-249
  • Invention during cross-border cooperation, Commemorative Publication on 80 years of patent jurisdiction in Düsseldorf, 10/2016, p. 231-244
  • Compensation after patent infringement – the German praxis! EU- conformal? UPC- conformal? VPP newsletter 2014, p.28 [German]
  • Prosecution History, In: On the Brink of European Patent Law (Commemorative Publication for Brinkhof), Dick van Engelen (Ed.), 2011
  • The patent owner, the viewed, the expert and his expert opinion. In practice occurring questions during the implementation during the inspection proceedings with the help of an expert; Notice of the German patent attorneys, Munich, 2010, p.325 [German]
  • The patent infringement reproach as legal deficiency? Commemorative Publication for Wolfgang von Meibom for his 65. birthday, 2010
  • The expert opinion is standing in front of the door? What to do? – a contribution to inspection claim after the enforcement guideline, VPP newsletter 2009, 2 [German]
  • Vidication on a daily basis, Commemorative Publication for Reimann, Cologne 2009 [German]
  • The boarder seizure. A blessing against pirates! A nightmare for the possible infringer? Commemorative Publication for Peter Mes for his 65. birthday, 2009 [German]
  • Patent Law as an Investment Factor? Economic Law as an Economic Good – Its Rule Function and its Tool Function in the Competition of Systems, European law publishers, 2009
  • The expert opinion in patent infringement proceedings, Commemorative Publication for Tilman Schilling, Cologne 2007 [German]
  • Employer change of experts, know how protection, liability, risks, costs; VPP newsletter 2005, p. 108
  • The standard of evidence in national proceedings and in proceedings in front of the EPO, Commemorative Publication for Eisenführ, Cologne, 2003 [German]
  • Immigration and Nationality Law in Germany, Salzburg, 1992
  • Patent Infringement Litigation Costs in Germany, Longman, London, 1987
  • The codex of the United Nations about the limitation of competitive business practices, Munich, 1985

Lectures

  • The infringement proceeding, VPP- seminar Mannheim, 15-17 March 2018
  • Verify this – obtain evidence, secure and manage it, UNION-IP expert talk, Munich, 26 January 2018
  • German and UPC patent infringement litigation proceedings, Seminar, Akademie für Fortbildung Heidelberg, 22-24 November 2017
  • Litigating in front of the Federal Patent Court according to German law, INGRES, Zurich, 8-9 September 2017
  • Confidentiality and non-disclosure agreements in front of public courts, Patent days Düsseldorf 2017, 23-24 March 2017
  • The infringement proceeding, VPP- seminar Mannheim, 26-28 January 2017
  • The insprection proceeding – from the beginning, VPP fall seminar, 27-28 October 2016
  • Enforcement of patent infringement claims, German Lawyers’ Academy, Frankfurt, 04 December 2015
  • Strong patents as a basis for a successful patent litigation, from a lawyer’s perspective, epi Seminar Cologne, 13 November 2015
  • European Judges Conference 2015, mock trial under UPC rules, Venice, 23/24 October 2015
  • Rights to an invention, and usurpation; German Lawyers’ Academy, Stuttgart, 18 September 2015
  • Proceedings before the European Patent Court, German Lawyers’ Academy, Mannheim, 8 May 2015
  • KIPLA Korea, international mock trial under UPC rules, mixed international team, Seoul, 23 April 2015
  • 10th Anniversary Japan IP High Court, international mock trial on patent infringement, German law view, Tokyo, 20 April 2015
  • Equivalence in patent law, Düsseldorf Patent Law Conference 2015, 19 March 2015
  • Who are the liable parties in the case of patent infringement? Pavis Forum, Starnberg, 5 February 2015