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Markus Deck

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

Rechtsanwalt | Head of Intellectual Property Group, 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 25 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".

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„Insbesondere Markus Deck überzeugt immer durch seine Verbindlichkeit, Klarheit der Aussagen, umfassenden rechtlichen Kenntnisse, Durchsetzungsstärke betreffend unsere Interessen, Verfügbarkeit etc. In jeder Hinsicht ein vorbildlicher Rechtsanwalt.“

The Legal 500 Deutschland, 2020

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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  • 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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  • 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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  • Münchener Anwaltshandbuch Gewerblicher Rechtsschutz, 4th ed., C. H. Beck Verlag 2012
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Lectures list

  • Regular presentations for the Forum Institut for Management in the area of IP.
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Show only
CMS ad­vises bid­der con­sor­ti­um formed by x+bricks and SCP on suc­cess­ful...
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 busi­ness with an­nu­al sales of around EUR 7 bil­lion, as well as the
14 July 2020
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...
Ro­bus Cap­it­al Man­age­ment ac­quires busi­ness op­er­a­tions of Beate Uhse Group...
The Prime Cap­it­al Debt SCS, SICAV-FIS Ro­bus Re­cov­ery Sub-Fund (“Ro­bus”) has ac­quired the busi­ness op­er­a­tions of the Beate Uhse Group...
17 October 2018
Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware...
CMS Hasche Sigle ad­vises Thyssen­K­rupp on sale of Con­struc­tion Group
11 April 2017
High­er Re­gion­al Court of Düs­sel­dorf ad­dresses FRAND terms in pat­ent in­fringe­ment...
In the af­ter­math of the Court of Justice of the European Uni­on’s (the “CJEU”) de­cision in Hua­wei Tech­no­lo­gies v ZTE, the High­er Re­gion­al Court of Düs­sel­dorf has ruled on the ob­lig­a­tions of a stand­ard...
CMS Hasche Sigle ad­vises in­solv­ency ad­min­is­trat­or on sale of Kar­mann roof...
20 March 2017
UPC le­gis­la­tion moves one step for­ward in Ger­many
On 10 March 2017, the Bundestag (Ger­man Par­lia­ment) un­an­im­ously passed two bills re­gard­ing the rat­i­fic­a­tion of the Uni­fied Pat­ent Court (“UPC”) Agree­ment (Ge­setz zu dem Übereinkom­men vom 19. Feb­ru­ar...
CMS Hasche Sigle ad­vises Sol­ari­on AG on in­vest­ment totalling over EUR 100...
07 June 2016
Trade Secrets Dir­ect­ive ap­proved by the European Coun­cil
On 27 May the European Coun­cil ap­proved the Dir­ect­ive on the pro­tec­tion of un­dis­closed know-how and busi­ness in­form­a­tion (trade secrets) against their un­law­ful ac­quis­i­tion, use and dis­clos­ure ("Trade...