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.
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.
- 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
- German District Courts and Higher Regional Courts~Germany (2004)
- German Federal Patent Court~Germany (2004)
- German and European Patent Office~Germany (2004)
- 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)
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
Author, "New EU competition rules for technology transfer agreements," Peter Lang Publishing Group, Frankfurt/Main, 2006