Dr Benedikt Walesch LL.M.
Lawyer
Vita
My name is Benedikt Walesch. Since my admission to the bar in 2020, I have been advising and representing national and international companies in various industries in all areas of intellectual property law.
As part of my studies at the Heinrich Heine University of Düsseldorf, I completed the accompanying degree program “Anglo-American Law”. In addition, I am specialised in “Companies and Markets” and gained experience in business law as well as in various areas of IP law already at an early stage.
Following to my studies, I completed my doctorate in the field of antitrust law, inter alia, on the question of determining the Market Conditions of Intermediaries in the electronic Distribution of Goods. After successfully finishing my dissertation project, I worked as part of my legal clerkship at the European Commission (DG Competition), an international corporate law firm in Duesseldorf and in the legal department of a DAX company.
Industrial ompanies trust the lawyers of Kather Augenstein with their economically significant proceedings in various fields of technology, especially in medical products, chemicals or mobile communications. Thereby, industrial companies as well as medium-sized enterprises rely on the team.
While continuing to work, I completed the Master’s programme (LL.M.) in Intellectual Property Law at the Heinrich Heine University in Düsseldorf. The degree programme is characterised in particular by its practice-oriented focus. With my master’s thesis on preliminary injunction proceedings before the UPC, I successfully completed the master’s degree in 2023 with the highest grade of “outstanding”, thus further completing my specialisation in the field of intellectual property law.
Representative Cases
- Participation in an international dispute concerning the infringement of standard-essential patents – mobile telephony / LTE
- Advising two mobile phone companies on possible defence strategies against anti-suit injunctions
- Participation in a dispute concerning the vindication of several patent applications in the field of electrical engineering
- Advising several companies on the infringement of patent rights (FTO opinions), in particular in the fields of medical and automotive technology
- Participation in the defence of a manufacturer of equipment in the food industry against recourse claims due to an alleged patent infringement in the USA
- Participation in the defence of a company active in the field of life sciences in connection with an alleged patent infringement
- Participation in a patent dispute between companies in the field of food chemistry
- Participation in a patent dispute in the field of sun protection products
- Participation in the enforcement of patent rights in the field of organic chemistry
- Participation in a patent dispute in connection with vaccines
- Advising companies on the protection of selective distribution systems
Publications
- Revival of the cease-and-desist claim despite submission of an appropriate cease-and-desist declaration with a penalty clause, GRUR-Prax 2023, S. 90-93
- No interim suspension of enforcement in case of arguable decision on FRAND objection, OLG Karlsruhe, decision of 14.9.2022 – 6 U 212/22, GRUR Prax 2022, 692 (co-author Dr Christof Augenstein)
- Determination of the value of lawyers’ fees in appeal proceedings, comment on FCJ, decision dated 22.03.2022, Az. X ZB 15/19, GRUR-RS 2022, 7273 – Druckmaterialbehälter, GRUR-Prax 2022, 475
- On the factual limits of an anti-anti-suit injunction, comment on HRC Düsseldorf, decision dated 07.02.2022, Az. 2 U 27/21, BeckRS 2022, 1375 ff., GRUR-Prax 2022, 145
- Anti-Suit-Injunctions in a nutshell – A contribution to understanding a recent concomitant phenomenon in SEP disputes, Mitt. 2022, S. 97-106
- Market conditions for intermediaries in the electronic distribution of goods, On the methodology for determining market power in related (two-sided and multi-sided) markets, Mohr Siebeck, Tübingen 2020.
- Damages for breach of a primary obligation in the law on contracts for work and services, NZBau 2020, S. 136-142 (co-author Athie)
- Jurisdictional parts of the Cip reports in the period October 2014 to July 2019.
- Minutes of the lecture by Prof. Dr. Jan Busche, Abuse of Market Power by Asserting a Patent Injunctive Relief – Antitrust Fundamentals, Cip-Report 2019, S. 25-29.
- Minutes of the lecture by Axel Verhauwen and Dr. Wolfgang Kellenter, The Antitrust Licensing Objection under FRAND Principles, Cip-Report 2018, S. 23-31 (co-author Hertelt))
- Minutes of the lecture by Dr. Kaya Köklü, Workshop discussion in the House of the University, The New Turkish Industrial Property Law (22.11.2017).
- Minutes of the lecture by Dr. Peter Kather and Prof. Toshiko Takenaka Ph.D., Conflict Participation in Patent Law: Protection of Secrets and Confidentiality Agreements in State Courts, DPT 2017, S. 84-93.
- Minutes of the lecture by Dr Bettina Wanner, and Beat Weibel, LL.M., The European Patent System – Comments from an Industry Perspective, Cip-Report 2016, S. 41-45.
- Minutes of the lecture by André Pohlmann, Workshop discussion at the Haus der Universität: Influences of national law and case law on OHIM decision-making practice (15.06.2016), CIPW 2016, 2, f..
- Minutes of the lecture by Prof. Dr. Toshiko Takenaka, Determination of the scope of protection in US and German patent law, Cip-Report 2015, S. 51 f..