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Jones Day

Dr Martin Weber

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Work +49 89 20 60 42 200
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Jones Day

Work Department

Intellectual Property; Patent Prosecution & IP Counseling; Patent Litigation; Life Sciences IP.

Position

Dr. Martin Weber, Partner, is a patent lawyer who has represented clients in life sciences, biotechnology, pharmaceuticals, and chemistry for more than 20 years. Martin advises on all aspects of patent prosecution, opposition and appeal proceedings, patent invalidation, and patent infringement. Drawing on his training in chemistry, he has counseled clients in matters involving technologies based in inorganic, organic, and polymer chemistry; pharmaceuticals and biotechnology (such as functional genomics, proteomics, tissue engineering, and gene therapy); biologics (antibodies, growth factors, and peptide drugs); and a variety of therapies (including antiviral and anti-angiogenic therapies). Martin also advises clients with respect to patent term extensions (supplementary protection certificates) for medicinal and plant protection products within the European Communities. Martin is head of Jones Day's German and European patent prosecution team and a former scholar of the German National Academic Foundation (Studienstiftung des deutschen Volkes).

Languages

English, German.

Member

Bar Admissions: European Patent Office (EPO), German Patent and Trademark Office (GPTO), German Federal Patent Court (BPatG), German Federal Supreme Court (BGH) in nullity appeal proceedings, German Federal Office for Plant Varieties (BSA), International Bureau of WIPO (IB), and Office for Harmonization in the Internal Market (OHIM, European Community Trademarks and Designs).

Education

University of Hamburg, Germany (Dr. rer. nat., 1989-1992); Philipps-University Marburg, Germany; University of Bristol, United Kingdom; University of Hamburg, Germany (Diploma in Chemistry 1989).


Germany: Intellectual property

Patent litigation

Within: Patent litigation

While handling disputes in the pharmaceutical area remains an important pillar of Jones Day’s litigation practice, the team also saw highlights in other sectors, including representating Lufthansa Technik in infringement proceedings against a US supplier regarding cabin electronics; the cross-border proceedings demonstrate the strong international orientation of the German practice. Patent attorney Martin Weber heads the team, which includes key figures Christian Paul and Gerd Jaekel; both are qualified as attorneys at law and a chemist and physicist respectively. Other clients include CJ CheilJedang, Puma Biotechnology and BioMarin Pharmaceuticals.

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Patent prosecution

Within: Patent prosecution

Jones Day is particularly well positioned in the pharmaceutical, chemistry and biotechnology areas, which following the departure of Bojan Savic to K&L Gates in April 2018 is handled by practice head Martin Weber and Olga Bezzubova at partner level. Dorothée Weber-Bruls and Andreas Holzwarth-Rochford are the key contacts for matters related to physics, mechanical and electrical engineering and technology, including artificial intelligence. The firm advised Akebia Therapeutics on its patent portfolio for erythropoietin substitutes, partially in cooperation with firm colleagues in the US in order to use a US discovery procedure for opposition proceedings. The team advised SMR Patents on freedom-to-operate analyses of camera systems and semi-autonomous vehicles; the team is now also acting for several of the client’s subsidiaries. Other clients include Sunrise Medical, Celgene and Rational.

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Legal Developments by:
Jones Day

  • US rules regarding offshore accounts

    The Hiring Incentives to Restore Employment Act 2010, enacted on 18 March 2010, imposes a new US withholding tax and reporting regime, known as the Foreign Account Tax Compliance Act (FATCA). The FATCA regime applies generally to payments made after 31 December 2012, except on obligations (to be defined in future guidance) outstanding on 18 March 2012. Substantial effort is required by foreign entities to bring their worldwide operations and policies into compliance with the FATCA rules as of the effective date.

    - Jones Day

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