Dominik Ho

What has been your biggest professional challenge from the last 12 months, and how did you overcome it?

In the past year, the acceleration of preliminary opinions on patent validity by German courts and the EPO has posed challenges, especially within the context of parallel infringement proceedings. These opinions are critical as they can determine the availability of early injunctive relief, making tight deadlines in validity proceedings even more pressing. 

We have taken two key steps to address this. First, we expanded our team by hiring additional attorneys and technical experts to ensure that we have the capacity to respond swiftly to procedural developments. Second, we emphasised to our clients the importance of thorough preparation to encourage them to invest time upfront. Our in-house technical laboratory allows us to conduct detailed product infringement tests and our comprehensive prior art reviews enable us to develop robust fallback positions. These strategies have been instrumental in securing favourable outcomes in these expedited proceedings.

How would you respond to client concerns about practitioners using AI in private practice?

I understand the concerns surrounding the use of AI, particularly in terms of data security and privacy. However, I believe that AI – especially large language models – offers significant potential to enhance efficiency and reduce costs and risks for our clients. To address these concerns, we are collaborating with a company that specialises in AI solutions, which are designed with robust data security and privacy measures. This partnership ensures that we can leverage AI’s advantages while maintaining the highest standards of client confidentiality.

You have vast expertise in the OTT and telecommunications industry. What do you predict will be the biggest trends in this space over the next few years, and how are you preparing to manage these? 

As most 5G cellular portfolios have now been licensed, the focus is shifting towards 6G portfolios, which are becoming the future battleground for litigation. One recurring issue is the inadequate prosecution of high-value inventions, which can be particularly problematic when stakeholders realise the portfolio’s value too late and often with no pending divisionals in Europe. Our experienced litigation team is actively involved in identifying and prosecuting high-value assets early in the process to ensure that these portfolios are robust and enforceable when the time comes.

Have you had to adapt your patent drafting strategy to manage economic headwinds? If so, what changes have you made and how are they working in practice? 

In my view, Germany’s current patent prosecution process is robust and well-positioned for the future. However, with the conclusion of the UPC’s sunrise period, European patents will be exclusively litigated before the UPC, making Germany an important alternative due to its lower litigation costs and reimbursement risks. I anticipate that many stakeholders will begin filing German patent applications alongside European patent applications as a precautionary measure, recognising the strategic importance of maintaining a presence in the German market.

Dominik Ho

Partner 
[email protected] 

Dominik Ho is a partner at df-mp in Munich, Germany. As a dual-qualified patent attorney and attorney-at-law, he specialises in patent litigation, and his expertise covers cases in technical fields, such as telecommunications, video coding, OTT, computer networks and electronics. Mr Ho holds an MEng in applied physics from Cornell University and a PhD in physics from Ludwigs Maximilians University.



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