Tilman
Müller-Stoy
IAM says: Tilman Müller-Stoyis highly rated for German andcross-border patent disputes.
“He has a great grip for whatmatters in a litigation and he will
stay very focused on that. He
knows how to present a clear,concise and to-the-point casein front of court, with the rightcharisma.”BARDEHLE PAGENBERG
Partnerschaft mbB
Patentanwälte Rechtsanwälte
Prinzregentenplatz 781675 Munich
GermanyTel +49 89 928 05 0
Fax +49 89 928 05 444
www.bardehle.com
Partnermueller-stoy@bardehle.deBiographyTilman Müller-Stoy is widely recognised as
one of Germany’s leading patent litigatorswith global patent litigation and licensing
experience. He has handled several hundred
adversarial patent disputes in courts, patentoffices and ADR proceedings. He has vast
experience in defending against, but also
creating, evaluating and enforcing extensive
licensing programmes, particularly in the areaof SEPs, including FRAND issues. His technicalfocus is on automotive, telecommunications,consumer electronics, medical devices andpharmaceuticals/biosimilars.

50What has been your most memorable caseand why?
In 2011, I won Microsoft as a client in the smartphone

patent pools take as well as the activities of licensee
negotiation groups.

trust that this tech giant was willing to place on a young

What are the biggest challenges facing
international clients looking to enforce theirpatents in Germany right now?

patent litigator. Another memorable case was for an

Looking broadly at the international patent litigation

SME that had taken on a multinational for infringement

landscape, there are not many key jurisdictions.

of a basic patent. We came in on appeal after the patent

Among them, Germany is the most important in

was initially invalidated. The future of the company (63Europe measured by number and profile of cases.

employees/families) was at stake. I will never forget

It is an attractive venue for patentees, as injunctive

how the hot breath of the company’s owner sitting rightrelief remains readily available despite recent

behind me touched my nape during oral arguments

legislative changes. Regarding challeqnges, it cannot

at the Federal Court of Justice where we ultimately

be emphasised enough that validity is key, even moreresurrected the patent. Still in the courthouse, weso these days. Many patents get (at least partially)

informed the employees about the result. They started

revoked in Germany just like elsewhere, as there is an

singing and cheering loudly – one of the most rewarding

international trend. It is thus fair to expect an increase inemotional moments of my professional life.

the traditionally low stay rates on the infringement sidewars against Motorola/Google and have been European
lead counsel ever since. I am still overwhelmed by theYou have won acclaim for your courtroom
acumen. What are the top skills that aworld-class litigator needs to hone?

in Germany, particularly given the now timely renderedpreliminary opinion of the Federal Patent Court on
validity in parallel nullity proceedings. Thus, validity andhelpful fallback positions should be considered from

There are so many skills that are needed. Somethe outset before a litigation is filed. Yet, the biggest

important ones are: listen, anticipate and be prepared.

challenge is international, namely a centralised pan-Stay calm and humble. Be quick on your feet, proactive

European patent litigation system that is about to startand creative. Remain strategic and never lose sight ofin early 2023, the UPC. It adds many strategic options tothe commercial objectives of the client – no matter what.

choose from, partially excluding each other as well as

There has been much talk about the tension
between antitrust and intellectual property– have you seen any evidence of this, and if
so, do you think it is likely to develop into a
big issue?

national litigation. Thus, the decision-making process
becomes more complex and needs to account for thateven today, not only relating to enforcement but also toprosecution and licensing.

is quite some lobbying on national and supranational

You deal with a range of clients – from big
multinationals to cutting-edge start-ups –how do you tailor your practice to provide
the best possible service to them?

levels, given the conflicting interests involved. Courts

There is no standard approach, although there is one

are struggling to strike a balance between hold-up andcommon characteristic: the client has a problem andhold-out. We have seen the pendulum swinging backto help solve it is my mission, regardless of the size ofand forth and there is no one-size-fits-all solution.

the issue. Many factors are relevant and different clients

While there is a solid track record and thus some legal

have different priorities, which eventually change overcertainty on consumer electronics and connected cars,

time. The challenge lies in continuously identifying andI expect IoT − including medical devices − to be the next

understanding the client’s business objectives. How tobig thing. Today, nearly everything is connected, anddo that? Ask questions, even the ‘stupid’ ones, and listen,

many new players have entered the field, many of which

listen, listen. A trusted adviser takes accountability andare SMEs without sufficient experience. Therefore, it will

challenges opinions, be it those of the client or those of

be interesting to watch particularly the approach that

their own. It is better to take some heat than to act as anSEP/FRAND licensing comes to mind – a complex issue
requiring patent, antitrust and economic expertise. Thereecho chamber without adding value.

IAM Global Leaders 2023

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