Vita

Miriam Kiefer is a founding partner of Kather Augenstein, and has been active as a lawyer for more than 10 years. She began to specialise in industrial property rights during her studies, rounding off her specialisation by obtaining a master’s degree (LL.M.) at the Centre for Industrial Property Rights at Heinrich Heine University in Düsseldorf, and as a Certified Specialist for Intellectual Property.

Miriam Kiefer has conducted more than a hundred infringement proceedings, primarily for patents and utility models. A majority of these disputes were cross-border proceedings; she is thus familiar with the coordination of multinational disputes. One of her passions is medical technology. However, her enthusiasm and love of detail is also engaged in other technical areas. In addition to the enforcement of technical property rights, she also represents her domestic and international clients in design, trademark infringement and unfair competition proceedings.

Miriam Kiefer is the co-author of two commentaries on patent law and the UPC. She is also a regular speaker on issues of patent law, and provides training for patent lawyers in the context of the working group in North Rhine-Westphalia. Miriam Kiefer works on the Study Question 2018 referring to the “Joint liability of IP infringement” at the International Association for the Protection of Intellectual Property (AIPPI). She further is a member of the German Association for Intellectual Property and Copyright (GRUR), the Association of Intellectual Property Experts (VPP) and the European Patent Litigation Lawyers’ Association (EPLAW).

Contact

Patent Star – Germany
Managing Intellectual Property - IP Stars, Patent Star - Germany

Representative cases

  • International patent litigation concerning medical devices (eg. stents, catheters)
  • Representation of a Chinese manufacturer in a competition law dispute (injunctive proceedings) with parallel proceedings in the Netherlands and the UK
  • Summary proceedings for recently issued patents (OLG Dusseldorf, MittdtPatA 2011, 193, “urinary catheter kit”)
  • International patent litigation on biotechnological vaccines for animals
  • International patent litigation on sole structure in footwear
  • International patent litigation over “click” technology for floor coverings
  • Long-term representation of a pharmaceutical manufacturer in disputes concerning permissible advertising claims

Publications

  • Co-autor of: Commemorative publication Dr. Sabine Rojahn – Damages for patent infringement in Germany – also from an external view (published februar 2021)
  • Co-author of: Augenstein/Wilson/Agé, Unified Patent Court Procedure, C.H.Beck/Hart Publishing, anticipated publication date, 1st half-year 2021
  • Comments on Art. 138 and Art. 139 EPC in: Patentrechtskommentar PatG, GebrMG, IntPatÜG, PCT und EPÜ, (Hrsg.: Fitzner/ Lutz/ Bodewig) München: Verlag Franz Vahlen, 4. Auflage, 2012

Lectures

  • News on FRAND license objection in patent infringement litigation, VPP spring conference, online seminar, 01 June, 2021
  • § 139 PatG The second modernisation act in patent law (co-referee Dr. Peter Kather), patent attorneys Westphal Mussgnug & Partner mbB, online mandator executive seminar, 10 February 2021
  • (How) Can globally spread activities infringe a patent in Germany?, women in ip, 6th women in ip international forum, online seminar, 06 November 2020
  • Liability of traders and advisors in the infrigement of intellectual property rights, german lawyers academy, online seminar, 18 November 2020
  • The patent infringement litigation case (III) – Enforcement of claims in court, AG of patent attorney candidates, Dusseldorf group, Kather Augenstein Attorneys PartGmbB, Head office Dusseldorf, 04 December 2019
  • Current developments in patent law jurisprudence: recall and removal from distribution channels, annual meeting of the chamber of patent attorneys, continuing education seminar, Koenigswinter, 09 April 2019
  • Liability of traders for infriements of property rights, german bar academy, Leonardo Hotel Frankfurt, 06 December 2018
  • The patent infrigement litigation case (III) – Enforcement of claims in court, AG of patent attorney candidates, Dusseldorf group, VDI House Dusseldorf, 06 December 2017
  • Liability of doer for intellectual property rights infringement, Seminar for DAA, Cologne, 29 June 2017
  • Patent infringement: Which group company is liable for what aspects?, VPP Autumn Symposium 2015 MARITIM Hotel Cologne, 23 October 2015
  • Who are the liable parties for patent infringement? Pavis Forum, Starnberg, 5 February 2015
  • Comment on BGH “Collagenase I”, “Shopping cooler bag” and “Text messages” in the context of the expert conference PatentFORUM, The Charles Hotel, Munich, 27 November 2014
  • The new patent system in Europe, Toronto, Canada, 17 September 2014
  • Preu seminar, “The Unified Patent Court – intensive and up-to-date” Preu Bohlig & Partner, Office Dusseldorf, 14 March 2014
  • The underrated side claims for patent infringement from the point of view of the holder and the infringer, VPP special seminar, Steigenberger Graf Zeppelin, 4 June 2013
  • The underrated side claims for patent infringement from the point of view of the patent holder and the infringer, VPP special seminar, MARITIM Hotel Cologne, 8 February 2012