Dr. Tobias Mandler's practice focuses on patent litigation and intellectual property law. He has advised on patent ligation, prosecution, opposition, invalidity, preliminary injunction, and enforcement matters in a wide range of technology fields, including aircraft cabin electronics, amino acid producing bacteria, glass inspection systems, industrial electrolysis, optical devices, orthodontic devices, photoablative lasers, spark plugs, tap systems, semiconductors, music streaming, distributed antenna systems, automotive headlights, agricultural machinery, and various children's products.
He also has experience in negotiating global licensing agreements, FRAND (fair, reasonable and non-discriminatory) licensing, cross-border discovery, saisie-contrefaçon, requests for judicial assistance under the Hague Convention, and dawn raids as well as enforcement proceedings in support of pending patent litigation and other types of technology-related disputes, including trade secret misappropriation, software products for the oil and refining industry, and corporate procurement software. Toby also has extensive experience in audit, tort, and warranty litigation, including in the aviation, feed, and automotive industries.
Prior to joining the Firm, Toby worked for several years as a student and academic assistant at the Institute for Commercial Law, Labor, Social, and Intellectual Property Law and the Research Department for University Law and University Labor Law at the University of Freiburg. During this time, he also served as in-house counsel to one of Germany's largest university clinics for five years before joining Jones Day in 2017.
Expérience
Autres publications
2024
Participation of staff councils in fixed-term contracts pursuant to WissZeitVG -- also commentary on BAG judgment dated June 21, 2023 -- 7 AZR 88/22, LAG Berlin-Brandenburg, judgment of December 9, 2021 -- 21 SA 329/21 and ArbG Potsdam, judgment of December 15, 2020 -- 4 (5) Ca 1137/19, OdW 2024 pp. 213-222 with Hannes Wolff
2022
Recognition of past fixed terms pursuant to WissZeitVG in the context of the legal abuse estoppel for fixed terms pursuant to TzBfG? - Annotation to ArbG Gera, judgment of October 27, 2021 - 1 Ca 19/21, OdW 2022 pp. 129-134 with Katharina Schindler
2021
The promotion of one's own scientific qualification as material requirement for objective-free fixed-term agreements pursuant to § 2 para. 1 WissZeitVG? - Annotation to LAG Cologne, judgment of October 7, 2020 - 5 Sa 451/20, OdW 2021 pp. 193-199 with Sabita Banerjee
2021
How many days has the year? Calculation of the maximum term limits pursuant to § 2 WissZeitVG - Annotation on BAG, judgment of May 20, 2020 - 7 AZR 72/19 and LAG Hamm, judgment of November 28, 2019 - 11 Sa 381/19, OdW 2021 pp. 53-58, with Laura Wegmann
2020
Calculation of the doctoral periods pursuant to Sec. 2 (1) Sentence 2 HS 2 WissZeitVG - Comment on BAG, judgement of March 23, 2016 - 7 AZR 70/14, of May 18, 2016 - 7 AZR 712/14 and of August 21, 2019 - 7 AZR 563/17, OdW 2020, pp. 261-280, with Sabita Banerjee
2020
Chapter 34, Transitional law and international private law and chapter 60, emergency tariff in Boetius/Rogler/Schäfer (ed.), Handbook Private Health Insurance, 1. edition 2020
2019
Calculation of the maximum limitation period pursuant to § 2 para. 1 (1) and (2) Science Employment Contract Act (WissZeitVG) – Annotation to Regional Labour Court, decision of 16 August 2018 – 21 Sa 201/18, OdW 2019, pp. 125-129, with Laura Wegmann
2018
The limitation pursuant to § 14 (2) Part-Time and Fixed-Term Contracts Act (TzBfG) under the scope of the application of the science employment contract act, OdW 2018 pp. 201-212, with Laura Wegmann
2018
Comment on Preis/Ulber: Commentary on the Science Employment Contract Act (WissZeitVG), OdW 2018, pp. 39-40, with Dr. Markus Meißner
2017
The appropriateness of a fixed term in accordance with § 2 para. 1 under the Science Employment Contract Act (WissZeitVG) revised version, OdW 2017, pp. 199-210, with Dr. Markus Meißner
2017
Temporary employment in the public hospital sector, MedR 2017, pp. 459-566
2017
Co-Culpability pursuant to § 31 para. 2 (2) FWG BW, VBlBW 2017, pp. 189-193
2016
Offsetting in the Private Health Insurance System, dissertation, Series of Publications on Insurance Law, Volume 59, Prof. Dr. Manfred Wandt (Ed.), 630 pages, June 2016
2016
Psychological psychotherapists in training, MedR 2016, pp. 874-884
2016
Allocation of third-party funds and time limitation in cooperation between state, university and university clinic, OdW 2016, pp. 217-228
2016
Works council participation rights for civil servants working in a company, BB 2016, pp. 629-633, with Prof. Dr. Dr. h.c. Manfred Löwisch
2016
The personal scope of the Science Employment Contract Act (WissZeitVG) – Commentary on Federal Labor Court judgment of 29 April 2015 – 7 AZR 519/13, OdW 2016, pp. 127-130, with Dr. Markus Meißner
2016
Discussion of the Science Employment Contract Act (WissZeitVG) – Possibilities, limitations and potential for improvement, OdW 2016, pp. 33-50, with Markus Meißner
2015
The remuneration of visiting physicians, MedR 2015, pp. 499-505
2015
Obligation to provide evidence in the event of revocation of health insurance contract, VersR 2015, pp. 1489-1491
2015
Abuse of rights with respect to time limits for third party funding in accordance with § 2 para. 2 under the Science Employment Contract Act (WissZeitVG), OdW 2015, pp. 217-229
2015
Retroactive conversion to emergency tariff for completed rest periods – Note to Higher District Court of Berlin, Decision of 7 November 2014 – 6 U 194/11 = VersR 2015 pp. 440-441, VersR 2015, pp. 818-820
2014
The extension of employment contracts pursuant to § 2 para. 5 under the Science Employment Contract Act (WissZeitVG), OdW 2014, pp. 221-236
2014
The emergency tariff, VersR 2014, pp. 167-171
2014
Economic committees at higher education institutions and university clinics, OdW 2014, pp. 75-80, with Prof. Dr. Dr. h.c. Mandfred Löwisch
2014
Company car leasing and its consequences, Ad Legendum 2014, pp. 354-364, with Kathrin von Mielecki
2014
The form requirements in the contesting of real estate transactions, Iurratio 2014, pp. 80-84
2013
The new claim to information pursuant to § 192 para. 8 VVG, VersR 2013, pp. 1104-1107
- Second State Examination (Karlsruhe Court of Appeals, 2017); University of Freiburg (Dr. jur. 2016; First State Examination 2013)
- Federal Republic of Germany, all German District Courts and German Courts of Appeal, German Federal Patent Court (BPatG), German Federal Supreme Court (BGH) in nullity appeal proceedings, and Unified Patent Court (UPC)
- English, German