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Profile picture of Marc L. Holtorf

Marc L. Holtorf

Rechtsanwalt, Fachanwalt für Gewerblichen Rechtsschutz, Partner, Head of German Intellectual Property

About Marc

Marc heads the intellectual property ("IP") and life sciences practises at Pinsent Masons in Germany. He has 15+ years of experience as a lawyer.

Marc advises on life sciences, healthcare, IT and other high-tech companies in connection with all types of non-contentious and contentious IP matters, including patent, trademark and unfair competition disputes and license as well as research and development agreements. He is an Expert Lawyer for Intellectual Property (Fachanwalt für Gewerblichen Rechtsschutz), a protected title in Germany.

Marc's expertise extends to life sciences and healthcare regulatory, reimbursement, advertising, borderline, partnering and licensing as well as compliance matters.

He is heavily involved in IT law, including outsourcing, cloud computing, ebusiness, social media, e/mhealth and data protection projects.

Marc has a long-lasting experience with regard to China outbound and inbound projects.

He started his career at an international law firm in Duesseldorf, Germany. Prior to moving from Düsseldorf, where he had been active for about 14 years, to Munich in 2013, Marc was inter alia

  • Vice Chairman of the Pre-examination Board (Vorprüfungsausschuss) for the Appointment of Expert Lawyers for Intellectual Property in the Circuit of the Düsseldorf Court of Appeal; and
  • Lecturer at the Düsseldorf Heinrich Heine University for “Procedural Specialties in Intellectual Property Proceedings”.

After moving to Munich he became lecturer at the Munich Business School for “International Business Law”, including international IP law. Marc is also author of various legal handbooks and articles.

For many years, Marc has been listed as a recommended lawyer for intellectual property law by the “Juve Handbook on German Commercial Law Firms”. According to “Best Lawyers” Marc belongs to the best German lawyers for both intellectual property and healthcare law. The same is true with regard to the “Handelsblatt”, Germany’s leading business newspaper.

Education

2015: Partner at Pinsent Masons, Munich

2007 - 2015: Partner at international law firm, Duesseldorf and Munich

2004 - 2007: Counsel at international law firm, Duesseldorf

1999 - 2004: Associate at international law firm, Duesseldorf

1997 - 2000: Owner of a revision course for university students and trainee lawyers

1997: Admitted to the bar

Universities of Constance and Freiburg

Experience

  • Advising an international pharmaceutical group against pay-for-delay allegations and allegations re. the illegal use of a competitor’s business and trade secrets
  • Advising a major semiconductor company on the purchase of a patent portfolio
  • Advising a German pharmaceutical and medical device group on a reimbursement matter against the Federal Joint committee (Gemeinsamer Bundesausschuss)
  • Advising a variety of pharmaceutical companies in proceedings against the Association of Voluntary Self-Regulation for the Pharmaceutical Industry (Freiwillige Selbstkontrolle für die Arzneimittelindustrie e.V.)
  • Representing a major energy supplier in various unfair competition and trademark infringement proceedings
  • Advising a US based medical device company on the reimbursement options according to the German public and private health insurance systems
  • Representing an Indian high-tech company in a multi-million damage proceeding following the revocation of a competitor’s patent
  • Advising three major German pharmaceutical industry associations in connection with a landmark project regarding the IT im­plementation of the “Directive on the prevention of falsified medicinal products entering into the legal supply chain”
  • Advising an international pharmaceutical group in connection with patent infringement, cancellation and damage proceedings
  • Advising a leading healthcare software company on the introduction of new products for the communication between physicians and patients Advising a Japanese bank on the outsourcing of a global human resources database
  • Advising a medical device manufacturer on the cancellation of a long-term distribution agreement (including representation in court)
  • Advising a Chinese medical device company on product creation, including its compliance with third party patents (freedom to operate)
  • Advising a German subsidiary of a US based medical device raw material manufacturer on a global product liability case
  • Advising a US based medical device company against a German consumer protection in a series of court proceedings based on unfair competition law
  • Advising a German pharmaceutical company on the interpretation of a rebate agreement against German sick funds
  • Advising an Italian medical device manufacturer on the restructuring of its German business;
  • Advising a Canadian pharmaceutical company on the landmark case regarding the demarcation between pharmaceuticals and medical devices (Photodynamic Therapy)
  • Advising a major pharmaceutical company on a global outsourcing and data privacy project (35+ countries)
  • Advising a German governmental organization in connection with the fight against online trademark piracy in the pharmaceutical sector
  • Representing an US aftermarket manufacturer in a series of proceedings re. violations of such companies rights as to a global data base for car spare parts
  • Advising the inventors of a depalletizing system for warehouses on a global patent license agreement
  • Representing a German sports equipment company against a global car manufacturer in a multi-jurisdictional trademark dispute
  • Advising a live communication company on the acquisition and out-licensing of a global trademark portfolio and the establishment of a joint venture in China
  • Advising a Japanese car part aftermarket manufacturer on setting-up a sourcing system with Chinese suppliers
  • Acting as outsourced legal department of the European headquarter of a Japanese stock listed high-tech company