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Portrait ofMarkus Deck

Markus Deck, M.C.J. (University of Texas, Austin)

Rechtsanwalt | Head of Intellectual Property, CMS Germany

CMS Hasche Sigle
Kasernenstraße 43-45
40213 Duesseldorf
Languages German, English, French, Spanish

Markus Deck is an intellectual property expert with more than 30 years of experience and a particular focus on technology-related projects. He specialises in patent law and represents clients in litigation and non-litigious matters. He regularly advises on technology-driven transactions which often revolve around the allocation and exploitation of intellectual property. In this context, Markus’s clients also benefit from his competition, antitrust and distribution law expertise.

Markus has successfully handled more than 100 licensing, settlement and other IP agreements and on an ongoing basis, he also advises his clients on legal issues related to product piracy, trade secrets and inventions by employees. He is particularly well known for his work enforcing intellectual property rights which he does on a national as well as international level and before courts and in arbitration proceedings. His clients include multinational groups but also medium-sized companies and start-ups.

Markus has been an intellectual property partner since 2007. Prior to joining CMS, he was a partner at Linklaters and its predecessors (since 1998) where he had been a member of the firm's intellectual property group since 1989. Markus Deck is co-author of the "Münchener Anwaltshandbuch” and the De Gruyter commentary on the German Law on the Protection of Trade Secrets.

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Relevant experience

  • Advising and representing Nanya Corporation in patent infringement proceedings with regards to patents in the field of semiconductor memory technology that are standard-essential as well as enforcing patent licences in the case of insolvency of the licensor
  • Providing cross-border advice to the insolvency administrator of Karmann GmbH on selling individual business units and on the necessary structuring and exploitation of a comprehensive IP portfolio; developing a licensing structure for the different (prospective) buyers
  • Lead advisor on multinational patent infringement proceedings for Otis Elevator Company, in particular coordinating the proceedings with the lawyers involved in different European countries as well as in the USA plus handling numerous German patent infringement proceedings including invalidity proceedings

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Memberships & Roles

  • Licensing Executives Society (LES)
  • International Association for the Protection of Industrial Property (AIPPI)
  • European Patent Lawyers Association (EPLAW)
  • German Association for the Protection of Intellectual Property (GRUR)
  • American Intellectual Property Law Association (AIPLA)
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  • Muenchener Anwaltshandbuch Gewerblicher Rechtsschutz, 6. Aufl., C. H. Beck Verlag 2022
  • Hoeren / Muenker (Hrsg.), Gesetz zum Schutz von Geschaeftsgeheimnissen, De Gruyter Kommentar, 2021
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Lectures list

  • Regular presentations for the Forum Institut for Management in the area of IP.
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  • 1992: Second state examination in law, following trainee lawyer period in Cologne and Chicago (Katten, Muchin & Zavis)
  • 1989 - 1992: Part-time work with Boden Oppenhoff’s intellectual property group
  • 1988: Master of Comparative Jurisprudence, University of Texas, Austin
  • 1986 - 1987: Research assistant at Cologne University’s Institute of Foreign Private and Private International Law
  • 1986: First state examination in law
  • Law studies in Cologne and Geneva
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Early days of the UPC - key issues and take-aways
CMS advises Friedrich Graepel AG on acquisition of SOLVARO GmbH
Frankfurt/Main – Friedrich Graepel AG, which is headquartered in the Lower Saxony town of Löningen, has acquired all the shares in SOLVARO GmbH and indirectly also those of its Hungarian subsidiary...
Successful with CMS at Dusseldorf Higher Regional Court:
Dusseldorf – The Chinese medical device manufacturer Shenzhen Mindray Medical Instruments has been successful with a preliminary injunction against its competitor Shenzhen Comen Medical Instruments...
CMS International Patent Litigation Guide
Patented technology often ranks among a company's most valued as­sets. Pro­tect­ing your business from patent in­fringe­ment – or defending yourself against patent infringement claims of third parties – can be a complex and intensive process. CMS International Patent Litigation Guide (4th edition) is your essential tool to get an overview of the options and pathways to enforce patents in the courts of 18 major jurisdictions. Drawing on the expertise of CMS patent law specialists, this essential and fully-updated guide provides clear and concise coverage of patent infringement proceedings and practice. For each jurisdiction, you can quickly assess and compare critical issues such as:Standing - Who is entitled to sue for patent infringement, the number of parties that can be included in proceedings and time limits in which infringement claims must be boughtTiming and Forum – Where proceedings are brought, typical duration of trials and the handling of FRAND/compulsory licenses in court pro­ceed­ing­sEvid­ence – Use of expert witnesses, disclosure requirements and rules on seizure of evid­ence/doc­u­ment­s­Ap­peals – Routes, grounds and timings for appeal – and the potential interim enforcement of first instance de­cisionsCosts – Estimated legal costs, appeal costs and recoverability of litigation costsIn addition, the CMS International Patent Litigation Guide covers topics like Alternative Dispute Resolution, Remedies and Injunctions – and your CMS Patent Law team in each market. For dedicated information on the enforcement of European Patents before the Unified Patent Court please also visit our CMS UPC Insight  webpage.
ACC Annual Meeting
CMS - Meet our experts at booth #233 More than 70 percent of the world’s purchasing power is located outside of the United States. So for US companies, establishing or growing their business and investments with their main trade partners – whether in the UK, the European Union, China, Africa or the Middle East – is essential for their success. However, doing business in diverse markets, each with its unique legal environment and ways of practicing law, requires specialist knowledge. Our more than 5,000 lawyers worldwide provide business-focused advice, whether in a single market or across multiple jurisdictions. Our focus is on building long-term partnerships to keep our clients ahead in their chosen markets. CMS is pleased to be sponsoring the Association of Corporate Counsel (ACC) Annual Meeting from 23 - 26 October in Las Vegas (NV). Below you can find an overview of our partners attending the ACC annual meeting, representing a range of jurisdictions, practice areas and sector specialisms . To arrange a meeting, please contact events@cmslegal. com or visit us at booth #233. CMS lawyers will be participating in the following panel dis­cus­sions:UK-based Partner and Head of the CMS Energy & Climate Change Group Munir Hassan -  “Are you an Energy Lawyer? How Energy touches Every Business”CMS Belgium Partner Sophie Berg -  “In­ter­pret­ing the EU Whistleblower Directive: Key Steps to Ensure Compliance”. For more information about the ACC Annual meeting and the programme, please visit their website here. To find out more about CMS, visit the About CMS section. For further information, please see our partners attending the conference in the gallery below and an overview of all our expertise areas.
CMS advises Plastic Omnium on establishment of Joint Venture with ElringKlinger
Dus­sel­dorf/Vi­enna - In order to drive forward the development of hydrogen mobility, the two automotive suppliers ElringKlinger and Plastic Omnium will create a joint venture for the development and large-scale...
Protecting your IP rights in a changing world
The pandemic that will define 2020 has put many types of intellectual property in the spotlight –particularly, of course, in life sciences. Who will develop an effective vaccine or vaccines for Covid-19...
German Federal Supreme Court clarifies the bar for potential patent infringers...
With its decision of 5 May 2020 (Case No. KZR 36/17), the German Federal Supreme Court raised the requirements for the conduct of the potential patent infringer for FRAND negotiations. For the first time...
CMS advises bidder consortium formed by x+bricks and SCP on successful...
Düsseldorf – Madrid Acqui-Co GP GmbH, a joint venture between x+bricks AG and SCP Group S.à r.l., has acquired the entire real,- Group from Metro AG. The consortium is acquiring the entire operational...
ACC 2019 Annual Meeting
CMS - Meet our experts More than 70 percent of the world’s purchasing power is located outside of the United States. So for US companies, establishing or growing their business and investments with...
ACC Europe Annual Conference 2019
CMS - Meet our experts Access to markets worldwide has improved significantly, thanks to technology and trade agreements. However, doing business in diverse markets, each with its unique legal environment...
ACC 2018 Annual Meeting
CMS - Meet our expertsMore than 70 percent of the world’s purchasing power is located outside of the United States. So for US companies, establishing or growing their business and investments with their...