Florian Schmidt-Bogatzky

Partner, Attorney-at-law
Düsseldorf, EIP Europe LLP

Florian is a highly experienced German attorney-at-law (Rechtsanwalt) having acted in more than a hundred patent infringement cases. His focus is electronics patent litigation, having participated in landmark litigation for Nokia and Broadcom related to both implementation patents and standard essential patents.

Florian spent 14 years at Bird & Bird where he was also active in patent litigation in other sectors, including representing a child seat manufacturer in several patent infringement actions. Many of the disputes in which Florian has been involved have been international, with related cases in other jurisdictions.

Since 2007 Florian has lectured in IP law at Nordakademie Graduate School, Hamburg. Florian has a Master of Laws degree in Patent and Intellectual Property Law from The George Washington University, and is admitted to the New York State Bar. He speaks German and English.

Experience

  • Participating in NPE IPCom series of proceedings against Nokia (SEP and implementation patents), on behalf of Nokia.
  • Representing a Japanese electronics company and defending against claims by NPEs as well as competitors.
  • Representing a U.S. company as plaintiff in cases relating to chips and network equipment, and in defensive proceeding including enforcement activities.
  • Acting for an NPE in litigation involving AMR-WB technology.
  • Representing a producer of child security products in various cases against competitors (PI and regular actions)
  • Acting for a U.S. company in trademark and unfair competition disputes relating to advertising in Germany.
  • Representing an Asian company in proceedings relating to LEDs.
  • Negotiating license agreements in connection with transactions for a tech company.

Published articles

  • Autumn 2018
    International In-house Counsel Journal, Requirements in SEP License Negotiations – Substantiating a FRAND Offer
  • August 2006
    Bundesligamagazin, Kennzeichenrechtlicher Schutz von Sportveranstaltungen

  • CR 2005, Kompatibilitätshinweise bei Computersoftware und ihre kennzeichenrechtlichen Grenzen
  • 2003
    GRUR, Review of “Thomas Ubber, Markenrecht im Internet, 2002"
  • 2002
    GRUR, Die Verwendung von Gattungsbegriffen als Internetdomains: Zur ‘Mitwohnzentrale.de-Entscheidung des BGH
  • March 2002
    Publication of Institute of lntellectual Property, Parallel Imports, the Exhaustion of Patents, and TRIPS
  • 2000
    GRUR, Zeichenrechtliche Fragen im Internet
  • 1998
    Athen, Die Bedeutung des TRIPS-Abkommens für den Schutz des freien Wettbewerbs

Specialities

  • Complex multi-jurisdictional patent litigation
  • Strategic IP litigation management
  • Advising on SEPs and implementation patents

Education and qualifications

Admitted to the State Bar of New York, 2000

  • 1999 — 2003
    Second State Examination, Hamburg Court of Appeal
  • 1998 — 1999
    LL.M in Patent and IP Law, The George Washington University
  • 1991 — 1997
    First State Examination, University of Göttingen

Career history

  • 2019 — present
    Partner, EIP
  • 2005 — 2019
    Counsel, Bird & Bird
  • 2003 — 2005
    Associate, Pohl & Partner

Awards and recognition

  • IP Stars, 2018 - Rising Star for Patent Law

Languages spoken

  • German
  • English

Additional information

Memberships: GRUR; German-American Lawyers' Association; German-Japanese Lawyers' Association; American Bar Association.