Kay Kasper

Practice Areas

Arbitration & Mediation

Copyright

Patents

Career

Kay N. Kasper has worked as an attorney since 2002 and for the past 20 years has primarily been acting in patent litigation cases. The past number of years he has supplemented this established practice with representation of clients in arbitration and he increasingly acts as professional consultant in out of court negotiations, in particular in license negotiations concerning standard-essential patents (SEP). In this capacity he assisted BMW in the negotiations with the licensing platform Avanci. Kay Kasper is a Certified Global Negotiator, certified by the University St. Gallen (CGN-HSG) and a trained Commercial Mediator. In court he focusses on the coordination of large SEP-portfolio litigation, especially in the telecoms area. Proceedings abroad as well as preparatory strategic consulting in the case of such multinational conflicts form an important part of his practice. Litigation in the field of standard-essential patents and consulting on the criteria of “FRAND” is the areas on which he currently focusses. Kay has gained considerable experience in technical areas such as telecommunications, information technology, automotive and medical devices as well as in the fields of mechanics and coating and packaging technologies.

Kay has specialized in intellectual property and patent law in particular, since starting his studies in 1994. During that time he received practical training with the German Patent and Trademark Office as well as various German and U.S. patent attorney and law firms in Frankfurt, Munich and New York. During his legal clerkship at the Regional Court of Frankfurt, he worked for a chamber which specialized in copyright and trademarks.

Professional Memberships

American Intellectual Property Law Association (AIPLA)

International Association for the Protection of Intellectual Property (AIPPI)

German Association for the Protection of Intellectual Property (GRUR)

Intellectual Property Owners Association (IPO)

Licensing Executives Society (LES)

Association of Intellectual Property Experts (VPP)

Publications

Kasper, Design rights, Berlin Verlag 2007

Kanz/Kasper, Management of US Discovery in Continental Europe: A Practice Report from Germany in The IP Litigator, issue September/October 2005

Kasper, Urteilsanmerkung zu BGH X ZR 152/03 – Gummielastische Masse II, in: Mitte 2005, 488

Kasper, in: Büscher/Dittmer/Schiwy, Industrial Property Law – Copyright Law – Media Law, Commentary, Wolters Kluwer 1st through 3rd edition (patent law; co-author)