Herr

Dr. Dr. Jochen Herr LL.M.

Partner
Baker & McKenzie Partnerschaft von Rechtsanwälten und Steuerberatern mbB

Biography

Jochen Herr studied mechanical and process engineering as well as law. He is one of the few lawyers in Germany who are admitted both as attorney-at-law and as German and European patent attorney. He has more than 10 years experience in patent litigation proceedings before the German infringement courts, the German Federal Patent Court and the German and European Patent Office. He is also experienced in license agreements, research and development contracts as well as matters of know-how protection. He advises companies on all matters of patent strategies.

Practice Focus

Jochen routinely handles matters related to patent and utility model law, in particular matters related to patent litigation, including infringement, nullity, cancellation and opposition proceedings. He has also gained significant knowledge on the interface between patent law and antitrust law — for example, FRAND objection regarding standard-relevant patents. He has represented clients in patent litigation proceedings in all major technical fields, including mechanics, electronics, telecommunications, pharmaceuticals, chemistry and biotechnology. He is admitted to practice before all German courts, the Federal Patent Court, the German and European Patent Office.

Representative Legal Matters

  • Handled several patent infringement proceedings and nullity proceedings involving medical devices for a world-leading US company.
  • Represented an internationally renowned manufacturer of printer accessories in infringement proceedings, cancellation proceedings and opposition proceedings involving printer technology.
  • Handled patent infringement proceedings and nullity proceedings involving LED technology for a Japan-based global company.
  • Handled several patent infringement proceedings involving biochemistry for a Japan-based global company.
  • Handled a series of nullity and infringement proceedings involving consumer products for a US-based global company.

Professional Honors

  • Best Lawyers in Germany 2019 for industrial property rights, Handelsblatt in cooperation with Best Lawyers, 2019

Professional Associations and Memberships

  • Licensing Executives Society (LES) - Member
  • German Association for the Protection of Intellectual Property & Copyright (GRUR) - Member
  • Association of Intellectual Property Experts (VPP) - Member

Admissions

  • German District Courts and Higher Regional Courts~Germany (2004)
  • German Federal Patent Court~Germany (2004)
  • German and European Patent Office~Germany (2004)

Education

  • University of California School of Law, Davis (LL.M.) (2006)
  • Johann Wolfgang Goethe-Universität (Dr. iur.) (2005)
  • Oberlandesgericht Frankfurt am Main (Zweites Staatsexamen) (2003)
  • Justus-Liebig-Universität Gießen (Dr. Humanbiologie) (2002)
  • Johann Wolfgang Goethe-Universität (Erstes Staatsexamen) (2001)
  • Technische Universität Darmstadt (Diploma Maschinenbau) (1996)

Languages

  • English
  • French
  • German

Publications

Co-author (with Dr. Johannes Druschel, Alexander Ritter, Dr. phil. nat. Moritz Meckel), "Germany Chapter" in "The Patent Litigation Law Review," Law Business Research Ltd., November 2017

Co-author (with Dr. Marc Grunwald), "Speedy patent infringement proceedings in Germany, pros and cons of the go-to courts," Journal of Intellectual Property Law & Practice, Oxford Journals, JIPLP 1-4, 2011

Co-author (with Dr. Marc Grunwald), "Inspection rights in case of violation against confidentiality obligations," Praxishandbuch Internationaler Know-how-Schutz, Volume 2, Part 7/2, 9. Supplementary delivery, December 2010

Author, "Patent Litigation and Industry Standards. The Compulsory License Defense," Intellectual Property & Technology Law Journal, Volume 21, 1-5, 2009

Author, "European Court of Justice rejects trans-border patent infringement proceedings," Mitteilungen der deutschen Patentanwälte 2006, 481-482