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Portrait ofThomas Hirse

Dr. Thomas Hirse

Partner
Rechtsanwalt

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

Thomas Hirse has extensive experience in patent and utility model law, including all related antitrust law aspects and questions related to employee inventions. In addition, he is specialized on trade secret protection and data protection law specific for life sciences and medical devices companies.

He regularly advises on technology-driven mergers and acquisitions as well as patent litigation matters particularly in the life sciences and medical devices sector as well as plant engineering and construction industry. He has extensive experience with the legal evaluation and enforcement of intellectual property, including development of IP protection concepts and strategy. Additionally, Thomas successfully drafted and negotiated numerous complex R&D and license agreements and handled IP-related issues in R&D and licensing collaborations for his clients, including related competition law and public funding and subsidy law aspects.

Thomas advises and represents clients in national and international patent disputes with respect to both enforcement of their patents and the defense of patent infringement actions, including representation in opposition, invalidation and cancellation proceedings. He regularly provides patent FTO-analyses.

He started his legal career with Linklaters in 2006, joined CMS in 2007 and was seconded to Bayer in 2010 and a global specialty chemical enterprise in 2013. He has been a partner since 2014.

Thomas is member of GRUR, LES, AIPLA, EPLAW, the Advisory Board of the Research Alliance Leibniz Health Technologies, Co-Head of the working group "IP and technology agreements" and active member of the working group "Technology transfer" of the German biotech association BIO Deutschland e.V.

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Publications

  • Schriftenreihe des Max-Planck-Instituts für auslaendisches und internationales Privatrecht, Die Ausweichklausel im Internationalen Privatrecht - Methodentheoretische und -kritische Gedanken zu einer besonderen kollisionsrechtlichen Generalklausel, Mohr Siebeck Tübingen 2007
  • Kothe/Micklitz/Rott/Tonner/Willingmann; Das neue Schuldrecht - Kompaktkommentar, Kommentierung der Regelungen zum Leistungsstoerungs-und Ruecktrittsfolgenrecht, Luchterhand 2003
  • Beitraege zur Neuregelung des Leistungsstoerungsrechts im Rahmen der Schuldrechtsmodernisierung, VuR 2001, p. 99 ff
  • Die Prozessfuehrung durch den Versicherer (zus. mit Prof. Dr. Harald Koch), VersR 2001
  • Anmerkungen und Beitraege zu verschiedenen BGH-Entscheidungen zum Folgekostenstreit bei straßenbaubedingter Verlegung von Versorgungsleitungen in den neuen Bundeslaendern, NJ 2001, p. 459 ff
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Education

  • 2005: PhD; thesis on international private law
  • 2003 - 2005: Trainee lawyer at Wuppertal Regional Court
  • 2001 - 2002: Friedrich Naumann Foundation PhD scholar
  • 2001 - 2002: Worked as legal expert for Arbeitsgemeinschaft der Verbraucherverbände e.V. in the context of the legislative process for the reform of the German law of obligations
  • 2000 - 2002: Research assistant to a Higher Regional Court judge and to Prof. Dr. Harald Koch, Chair for Civil Law, Civil Procedure Law, International Private Law and Comparative Law
  • 1995 - 2000: Law studies at the University of Rostock
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Feed

10/07/2024
Navigating the UPC: Insights from Year One
Join us on 10 July at 3:00 pm (CET) for an insightful online seminar as we delve into the inaugural year of the Unified Patent Court (UPC). Since its opening in June 2023, the UPC has changed the patent enforcement landscape in Europe and affected patent strategies for many companies. 12 months into its operation, we will analyse the trends emerging from the first decisions and the implications for overall strategies for patent en­force­ment. Dur­ing the webinar, you will hear from CMS patent experts (lawyers and patent attorneys) from several jurisdictions, including Austria, France, Germany, the Netherlands, and the UK. They will provide a comprehensive overview of the UPC’s first year in numbers and discuss the issues relating to preliminary injunctions, security for cost and enforcement. You will also hear about the pros and cons of opting out of the system and why you might want to reconsider this de­cision. Wheth­er you are a patent holder or a licensee, whether you have opted out of the Unitary Patent System or not, this webinar will provide valuable insights into the impact of the UPC on all companies with innovative activities in Europe.  Topics covered:  UPC’s year one in numbers – overview in stat­ist­ics Pre­lim­in­ary injunctions – Landmark decisions in the UPC’s first year Victory – what happens next? Should you revisit your opt-out decision?The webinar will be held in English language and attendance is free of charge. Please register by clicking on the button below.
19/06/2024
CMS advises Valmet on joint venture with Körber to advance the digital...
Frankfurt/Main, 19.06.2024 – The Finnish leading global technology group Valmet has signed a joint venture agreement with Körber, a leading international technology group based in Hamburg, to further strengthen FactoryPal. FactoryPal, a venture of Körber, is a provider of software developed for tissue converting operations that improves shopfloor manufacturing performance and productivity. The software empowers tissue mill teams to achieve seamless operations by generating and utilizing high quality data combined with state-of-the-art user experience and advanced AI. According to the joint venture agreement, Valmet will become the majority shareholder of FactoryPal, which will continue operating as an own legal entity under the existing brand. The set up of the joint venture is subject to customary closing conditions. The closing of the agreement is estimated to occur at earliest on August 1st, 2024. The joint venture follows Valmet’s acquisition of Körber’s Business Area Tissue that was completed in November 2023.A CMS team headed by lead partner Dr Peter Polke advised Valmet on all legal aspects of the joint venture. Valmet, headquartered in Espoo, Finland, is a leading global developer and supplier of process technologies, automation and services for the pulp, paper and energy industries. With its automation systems and flow control solutions the company serves a wider base of process industries. Valmet’s shares are listed on the Nasdaq Helsinki. The company’s net sales in 2023 were approximately EUR 5.5 billion. Press Con­tact presse@cms-hs. com
17/06/2024
CMS advises STAR Capital on acquisition of nextbike from Tier Mobility
Frankfurt/Main – The STAR IV Fund, which is advised by STAR Capital Partnership LLP, has acquired a majority stake in nextbike GmbH from Tier Mobility SE. nextbike is a leading developer and provider of innovative urban bike sharing solutions in Europe. STAR Capital is investing in nextbike alongside the management team. An international CMS team headed by lead partner Markus Herz advised STAR Capital on all legal aspects of the transaction. CMS Germany was supported by other CMS offices, including those in Spain, Poland, Sweden and Austria. Founded in 2004 and headquartered in Leipzig, nextbike provides public bike sharing schemes on behalf of transport authorities, cities and public institutions. The global company is currently active in more than 300 cities with a deployed fleet of around 115,000 bicycles. London-based STAR Capital Partnership LLP is a private equity firm investing in companies and assets with enterprise value between EUR 50 million and EUR 1 billion. CMS Germany Markus Herz, Lead Partner Dr Tobias Kilian, Of Counsel Dominik von Zehmen, Counsel Hanno Brandt, Senior Associate Lorenz Liebsch, Senior Associate, all Corporate/M&A Dr Boris Alles, Partner Dela Herr, Senior Associate, both Labor, Employment & Pensions  Dr Markus Pfaff, Partner Hatice Akyel, Counsel Till Komma, Counsel, all Banking & Finance Dr Thomas Hirse, Partner Thomas Fröhlich, Coun­sel Se­basti­an Vautz, Senior Associate Lisa Dietrich, Associate, all IP Philippe Heinzke, Partner Sara Kapur, Associate, both TMC Julian Buhr, Legal Co­ordin­at­or Con­rad Gräwe, Legal Coordinator, both Smart Operations CMS Austria Florian Mayer, Partner Stefan Paulmayer, Partner Rebecca Herlitz, Associate CMS Poland Błażej Zagórski, Partner Piotr Stenko, Counsel Dr Magdalena Zmyslowska, Coun­sel Mag­dalena Piszewska, Senior As­so­ci­ate Krzysztof Sikora, Senior As­so­ci­ate Łukasz Duchiński, As­so­ci­ate Se­basti­an Łyś, As­so­ci­ate Wer­onika Burek CMS Spain Elena Alcázar Cuartero Jose Luis Díez Martín Ale­jandra Martin Benitez Paula Espinosa Montalbán Juan Moreno Alfonso Codes Calatrava CMS Sweden Henrik Aurelius, Counsel Noah Taha, AssociatePress Con­tact presse@cms-hs. com
24/05/2024
CMS advises Dutch investor Stibbe Participaties on the sale of Heinkel...
Frankfurt/Main – The Alsatian family-owned group, De Dietrich Process Systems, acquires the Heinkel Group. Seller is the Dutch investor Stibbe Participaties. The Heinkel Group, with its recognized brands HEINKEL, COMBER, BOLZ-SUMMIX and JONGIA, is an international premium provider of solid-liquid separation solutions and drying and mixing systems, mainly for the pharmaceutical, chemical and food industries. Stibbe Participaties acquired the companies in 2005 after a turbulent time caused by a sharp downturn in the pharmaceutical industry and has developed Heinkel Group through add-on acquisitions to an international player in its sector. The combination of solid German management and hands-on support from Stibbe Participaties led to a revival of Heinkel – resulting in a strong market position and a stable recurring income from after sales and service. With the strategic merger of Heinkel Group and De Dietrich, De Dietrich enriches and broadens its portfolio and becomes a global leader in the fields of solid-liquid separation and the drying of active ingredients. An international CMS team headed by lead partner Dr Hendrik Hirsch advised Stibbe Participaties on all legal aspects of the transaction, including legal advice in more than seven jurisdictions (including Germany, the USA, Italy, the Netherlands, China, Singapore and India), legal support on the auction process and negotiation of contractual terms for the best possible integration of the Heinkel Group into the group of the successful bidder as the new owner as well as on tax and IP topics. Stibbe Participaties, based in Laren, Netherlands, is a family-held investor pursuing a buy-and-build strategy. The firm focuses on midsize industrial manufacturing companies with an experienced management and a position in a niche market with potential for market leadership. CMS Germany Dr Hendrik Hirsch, Lead Partner Maxine Notstain, Senior Associate, Co-Lead Markus Herz, Partner Dr Till Alexander von Poser, Associate, all Corporate/M&A Dr Hendrik Arendt, Senior Associate Dr Martin Friedberg, Partner, both Tax Dr Thomas Hirse, Part­ner Se­basti­an Vautz, Senior Associate Lisa Dietrich, Associate, all IP Till Komma, Counsel Lena Schauer, Associate, both Banking, Finance & Insurance Moritz Pottek, Counsel, Antitrust, Competition & Trade Tina Karakurt, Counsel Dr Franz Maurer, Counsel, both Real Estate & Public Dorothée Janzen, Partner, Com­mer­cial Birgit Wagner, Legal Manager, Smart Operations SMOP CMS Netherlands Pieter van Duijven­voorde Car­ola Bruijn Pieter de Kanter CMS Italy Daniela Murer Alessandra Cuni Sara TammarazioPress Con­tact presse@cms-hs. com
22/05/2024
CMS advises Brandenburg Kapital on its investment in biotechnology company...
Berlin - Captain T Cell GmbH, a biotechnology company developing next-generation T cells against solid tumors, has successfully completed a seed financing round with a volume of EUR 8.5 million. Several experienced life science investors participated in the financing round, in particular Brandenburg Kapital GmbH, i&i Biotech Fund I SCSp and the Austrian HIL-Invent Ges.m.b.H. Captain T Cell aims to use the newly raised funds to advance its program for the off-the-shelf treatment of solid tumors towards the clinic. Captain T Cell is a spin-off from one of Europe's leading biomedical research institutions, the Max Delbrück Center in Berlin.A CMS team head by partner Dr Jörg Zätzsch advised Brandenburg Kapital on all legal aspects of this investment in Captain T Cell. Brandenburg Kapital once again relies on the advice of the CMS team headed by Dr Jörg Zätzsch.  For example, most recently on the investment in Seqstant, a software provider for the live analysis of pathogens. Investors as well as start-ups and company founders regularly rely on the advice of CMS' venture capital teams. Brandenburg Kapital GmbH is a subsidiary of the Investitionsbank des Landes Brandenburg (ILB). As the venture capital arm of the ILB, it has been supporting Brandenburg companies since 1993 by acquiring equity and equity-like investments. Press Con­tact presse@cms-hs. com
15/04/2024
Green/sus­tain­ab­il­ity claims and advertising and consumer greenwashing
In the era of increased environmental awareness, the spotlight on green claims has never been more intense. As consumers are concerned about global heating and ecological sustainability, they are scrutinizing products like never before, seeking eco-friendly options that align with their values. In response, businesses have responded to this concern and consumers’ purchase interest, with brand-owners increasingly highlighting the benign or even beneficial effects their products and services have on the environment fostering a surge in green marketing initiatives. Yet, amidst this push for sustainability, the risk of being accused of greenwashing is omnipresent. As environmental characteristics of products and services are highly technical and the understanding of the various concepts involved is continuously changing, en­vir­on­ment­al/sus­tain­ab­il­ity claims raise a significant risk of confusing and misleading consumers. Many companies have fallen foul of advertising standards in this area recently. Given the high sensitivity of environmental claims and the reputational damage that can result from allegations of greenwashing, it is particularly important to make sure environmental claims are compliant. By ensuring truthful, accurate and unambiguous information is always given to the consumers, companies can avoid the risks and build a reputation for authenticity in their sustainability advertising and communications. CMS guides companies through the maze of regulations and case law and advise on the steps a company can take to ensure their advertising is not only compliant but also authentic and impactful. The priority questions we address are: Which green claims are likely to raise litigation or regulatory enforcement risks?What can businesses do to mitigate these risks?What are the likely claims/en­force­ment that could arise?Who is likely to make a claim?What are the risks in the event of a violation or a complaint? What future regulatory measures are expected and what companies have to do now to be prepared? We offer various solutions to help you be compliant and avoid accusations of greenwashing: Sustainability claim checks including regulatory risk matrix as well as litigation: evaluating the planned claims and mapping their risk as well as developing compliant marketing strategies and claims custom-tailored to your business's unique pro­file;Sus­tain­ab­il­ity-re­lated litigation: providing comprehensive support in legal disputes in the area of advertising with environmental claims;Training sessions: to empower your legal, compliance and sustainability as well as advertising teams with in-depth knowledge of sustainability risks and mitigation strategies; andBoard packs: to equip your directors/board members with actionable insights into greenwashing risks, ensuring they steer the company toward sustainable strategies with confidence and integrity.  For an initial conversation on how we can support you on greenwashing risk, please reach out to the lawyers listed on this page or to your usual CMS contact.
28/02/2024
CMS advises Bruker on the multi-jur­is­dic­tion­al acquisition of ELITech,...
Frankfurt/Main – Bruker has agreed to acquire ELITechGroup, a provider of specialty in vitro diagnostic (IVD) systems, from TecFin S.à r.l., a controlled affiliate of PAI Partners, a pre-eminent private equity firm, for EUR 870 million in cash, excluding the carved out ELITech clinical chemistry business. The transaction is expected to close in the second quarter of 2024, subject to regulatory approvals and other customary closing conditions.A team of CMS Germany headed by lead partner Dr Hendrik Hirsch acted as lead transaction counsel on this landmark transaction for Bruker's MDx business covering all M&A aspects of the transaction, IVDR and other regulatory aspects, antitrust and FDI filings, the carve out of the clinical chemistry business and support on the employee consultation processes in France and the Netherlands. ELITechGroup, with over 500 employees and over 40 active patents, develops and commercializes innovative, proprietary molecular diagnostic (MDx) systems and assays, as well as niche biomedical systems and microbiology products. Its molecular diagnostic business accounts for the majority of the to-be-acquired revenues and provides the unique sample-to-answer (S2A) instruments InGenius® and Be-Genius® in the mid-to-high throughput MDx category with PCR diagnostic assays for infections and diseases. ELITechGroup, excluding the clinical chemistry business, achieved approximately EUR 150 million in revenues in 2023. ELITechGroup generates the majority of its revenues from Europe, with significant business also in North and Latin America. Its major R&D and production sites are in Italy, the United States, France and Germany. CMS Germany Dr Hendrik Hirsch, Partner, Co-Lead Dr Jacob Siebert, Partner, Co-Lead Dr Dirk Baukholt, Principal Counsel Dr Berrit Roth-Mingram, Counsel Dr Maximilian Stark, Senior Associate, all Corporate/M&A Dr Roland Wiring, Partner Lukas Burgdorff, Associate Noah Rodenkirchen, Associate, all Regulatory & Lifesciences Dr Thomas Hirse, Part­ner Se­basti­an Vautz, Senior Associate Lisa Dietrich, Associate, all IP Dr Michael Bauer, Partner Stefan Lehr, Partner Kai Neuhaus, Partner Moritz Pottek, Counsel Dr. Denis Schlimpert, Counsel Kirsten Baubkus-Gerard, Senior Associate David Rappenglück, As­so­ci­ate Be­ne­dikt Christian Voss, Associate, all Antitrust, Competition & Trade Dr Thomas de la Motte, Partner Dr Markus Pfaff, Partner Dr André Frischemeier, Partner Hatice Aykel, Counsel Alisa Brehm, Senior Associate Thomas Schaak, Senior Associate Dr Sait Dogan, Associate, all Banking & Finance  Dr André Lippert, Part­ner Con­stan­ze Schweidtmann, Associate, both Real Estate & Public Dr Boris Alles, Partner Dr Theresa Kipp, Senior Associate, both Labor, Employment & Pensions CMS France Benoît Gomel, Partner Vincent Desbenoit, Associate Dylan Allali, all Corporate/M&A Caroline Froger-Michon, Partner Aurélie Parchet, As­so­ci­ate Ca­m­ille Baumgarten, Associate Sophie Yin, all Em­ploy­ment Claire Vannini, Partner Eleni Moraïtou, Coun­sel Lilia-Ori­ana Dif, Associate Ariane Rolin, all Competition & EU  Jean-Bap­tiste Thiénot, Partner Anaïs Arnal, Associate, both Intellectual Property Laurine Mayer, Associate, TMC Alexandre Chazot, Counsel, Banking & Fin­ance  Thi­erry Granier, Partner Renaud Grob, Partner, both Tax Arnaud Valverde, Senior Associate, Real Estate Olivier Kuhn, Partner Cécile Rebiffé, Counsel Mylène Garrouste, all Dispute Res­ol­u­tion Kawthar Ben Khelil, Coun­sel Jean-Pierre Malili, Associate, both Public law/In­fra­struc­ture CMS Italy Massimo Trentino, Partner, Corporate/M&A Maria Letizia Patania, Partner, Lifescience & Healthcare Gian Marco Lettieri, Senior Associate, Employment & Pensions Giulio Poggioli, Counsel Valerio Giuseppe Daniele, As­so­ci­ate Francesca Durante, Junior As­so­ci­ate  Arianna Toccaceli, Junior Associate, all Banking & Finance CMS Luxembourg Gérard Maitrejean, Partner Miruna Poenaru, Coun­sel Max­imili­an Helfgen, Associate, all Corporate/M&A CMS UK Jack Letson, Partner Lindsay McAllister, Associate, both Corporate/M&A David Dennis, Partner, Commercial CMS Netherlands Pieter van Duijvenvoorde, Partner Robert Jong, both Corporate/M&A Nigel Henssen Fleur van Assendelft de Coningh, both Employment Edmon Oude Elferink, Partner Marijke van der Vossen, both Antitrust, Competition & Trade CMS Serbia Radivoje Petrikić, Partner Mila Drljević, both Corporate/M&A CMS Austria Dieter Zandler, Partner Vanessa Horaceck, both Competition & EU CMS Ukraine Maria Orlyk, Partner Diana Valyeyeva CMS Turkiye Döne Yalçın, Partner Arcan Kemahlı,  Sa­ba­hat­tin Öztemiz Taner ElmasPress Con­tact presse@cms-hs. com
01/02/2024
Early days of the UPC - key issues and take-aways
 
16/11/2023
On the Pulse Webinar Series 2023 - Autumn
On the Pulse webinar series brings you updates on the latest legal and commercial developments in the life sciences & healthcare sector. The Autumn edition will see our CMS sector specialists cover: Commercial - Deal landscape and transaction trends in the Life Sciences SectorDispute Resolution - The midnight clause: why choice of law and jurisdiction clauses matterPublic Procurement - Typical pitfalls to be avoided in a procurement process for pharma and medical devices suppliesequIP - Pitfalls for life sciences start-ups to avoidEach webinar will be one hour in length with a 15-minute Q&A session. To register for the full series or just the topics of interest to you, click on the registration links below. To watch the Spring webinars in the On the Pulse series, visit here.
14/11/2023
Seed financing: CMS advises Brandenburg Kapital on investment in Seqstant
Berlin – Seqstant has successfully completed a seed financing round led by Brandenburg Kapital, the venture capital unit of the Investitionsbank des Landes Brandenburg. Other investors include the Venture...
11/10/2023
CMS advises US technology company Bruker on entering into equity-based...
Frankfurt/Main – Bruker Corporation, a NASDAQ-listed US tech company, has acquired a majority stake in MIRO Analytical AG, an innovative provider of fast, compact Quantum Cascade Laser (QCL)-based multi-gas...
13/06/2023
CMS advises fund managed by private equity firm ECM on acquisition of ONE...
Frankfurt/Main – German Equity Partners V (“GEP V” or the “Fund”) has taken an equity interest in the Düs­sel­dorf-based talent acquisition platform ONE HIRING Group (“1H”) through a partnership...