Simon Klopsch­in­ski Dr. iur. | Partner

The publication of The Protection of Intellectual Property Rights under International Investment Law by Klopschinski, Gibson and Ruse-Khan, is a much-welcomed contribution. [...] the commented book is an excellent research piece, [...]

Professor Carlos M. Correa, The Journal of World Intellectual Property

The book by Klopschinski, Gibson and Ruse-Khan combines eminent expertise in both intellectual property protection and international investment […] The book can only be described as a masterpiece [...]

Prof. Dr. Siegfried H. Elsing, German Arbitration Journal

Profile

Simon advises European and US companies on IP disputes which are related to a wide range of industrial sectors and technology areas. In his practice Simon works in close collaboration with patent attorneys and foreign lawyers.

In the field of patent law, Simon is involved in both, infringement actions and validity proceedings, covering a variety of technologies such as pharmaceuticals, genetics, medical devices, software, and mechanics. In particular, Simon represents originators enforcing their patents against manufacturers of generic drugs. Other core areas of Simon’s patent practice are biosimilars as well as genetic testing. In the field of life sciences Simon also handles disputes concerning medical devices such as 3D scanner technology for dental applications and dental ceramics. Furthermore, Simon has a special interest in disputes related to patents and copyright on software.

In trademark law, Simon advises clients on strategies to protect their brands. Before German courts Simon asserts its clients’ trademarks against counterfeiters and other infringers. On the European level Simon defends trademarks before the EUIPO and the Court of Justice of the European Union.

Simon publishes on intellectual property law and its intersections with other fields, in particular finance, international investment, and pharma. Among other publications, Simon has contributed to the 5th edition of the article-by-article commentary on German trademark law by Professor Karl-Heinz Fezer (C.H. Beck 2023). Simon is also the author of the IP chapter of the 3rd edition of the handbook on FinTech edited by Professor Florian Möslein and Professor Sebastian Omlor (C.H. Beck 2023). Together with Professor Christopher Gibson and Professor Henning Grosse Ruse-Khan Simon has published a treatise on The Protection of Intellectual Property Rights under International Investment Law” (Oxford University Press 2021). Forthcoming is the Research Handbook on Intellectual Property Rights and Arbitration” which Simon co-edits with Professor Mary-Rose McGuire (Edward Elgar Publishing 2024).

Simon was called to the bar as lawyer (Germany) in 2009 and became a partner in 2024.

Key cases

  • 3Shape ./. MEDIT (dental applications, 3D-scanning technology)
  • Acorda ./. ratiopharm (pharmaceuticals)
  • Amgen ./. Accord Healthcare et al. (pharmaceuticals)
  • Dyson ./. Samsung Electronics (vacuum cleaners)
  • Epigenomics ./. Illumina (genetic testing)
  • Exploitatiemaatschappij De Berghaaf/​EUIPO — Brigade Electronics Group (motor vehicles)
  • Ferrari ./. DU (luxury sports cars)
  • Fresenius Kabi ./. Biogen (pharmaceuticals)
  • Gedeon Richter ./. Biogen (pharmaceuticals)
  • Ivoclar Vivadent ./. Shenzhen Upcera Dental Technology (dental ceramics)
  • Ivoclar Vivadent ./. Vita Zahnfabrik (dental ceramics)
  • LEO Pharma ./. Hexal (pharmaceuticals)
  • New Wave ./. Puma (sportswear)
  • Pacific Biosciences ./. Oxford Nanopore Technologies (DNA sequencing)
  • Presspart Manufacturing ./. Anomatic (medicament dispenser devices)
  • SAS Thiriet ./. Miederhoff (truck equipment)
  • ScoloTech ./. Frankia (caravans)
  • Sequenom ./. Amedes (NIPT)
  • Sequenom ./. Cenata (NIPT)

Education

19982004 Universities of Konstanz and Cardiff

20042006 internship at the Karlsruhe Court of Appeal

2010 doctorate degree at Munich University, supervisor: Prof. Dr. Dres. h.c. Joseph Straus, Max Planck Institute for Innovation and Competition

Connections & Networks 

AIPPI, DIS, GRUR and MIPLC Alumni

Awards & Recognitions

Max Planck Society: Scholarship 2006 – 2007

Munich University: Faculty of Law Award 2011

Max Planck Society: Otto Hahn Medal 2012

IP Stars: Rising Star 202021

IP Stars: Rising Star 2021

IP Stars: Rising Star 2022

Archaeological excavations …
… taught me that the most valuable findings are often hidden beneath the surface.
My travels …
… took me to Cordoba, Washington DC, Petra, Boston, Tel Aviv, Dunedin, Warsaw.
My safe haven …
… is my family.

The Rospatt Team

Our reputation and success have been built on a team of lawyers committed to excellence and perfection in their work. All of us specialized in IP law from the beginning of our careers. For this reason, every year of our combined IP law experience is directly relevant to your needs.