Michael Wallinger

Founding Partner at Wallinger Ricker Schlotter Tostmann, Patent- und Rechtsanwälte Partnerschaft mbB

Michael Wallinger is one of the founding partners of the German law firm Wallinger Ricker Schlotter Tostmann and an important member of the firm’s mechanical engineering, electrical engineering and physics IP practice group. Dr Wallinger holds a PhD in mechanical engineering and is admitted as a German and European patent attorney.

Dr Wallinger has been involved in high-profile patent litigation since 1983; he has handled hundreds of patent infringement, patent nullity and patent opposition cases, as well as IP arbitration. A considerable number of these cases were landmark decisions decided by the German Federal Supreme Court, including:

  • Diving Computer on the patentability of software programs;
  • Radio Controlled Clock I, II on international jurisdiction;
  • Torque Transmission Device and Time Telegram, which are landmark decisions on claim amendments during prosecution;
  • Chain Wheel Assembly and Multi Speed Hub, which set the legal precedent in regard to the interpretation of patent claims;
  • Orange Book Standard on the interrelation of patents and standards; and
  • Communication Device, concerning the interpretation of claims referring to a preferred purpose.

Dr Wallinger was successful with a challenge on the grounds of bias – due to the missing separation between patent prosecution and legal checks and balances, in terms of personnel – in a review case against the chair of the Enlarged Board of Appeal of the EPO’s interlocutory decision of 25 April 2014 in Case R 19/12, with far-reaching effects on readjustments in the structure of the Boards of Appeal.

Dr Wallinger has represented blue-chip corporations – including in the automotive industry, where he enjoys a particularly strong reputation – as well as medium-sized technology-savvy companies. Significant recent representations include BMW, Bosch, Fein, Dürr, Schaeffler, AVL Austria, Piezocryst, Zimmer Medizintechnik GmbH, Kohlhage, Algatek AAA and Byk-Gardner.

Located in Munich, Wallinger Ricker Schlotter Tostmann started with five attorneys in 2007 and has grown to include over 20 patent attorneys and attorneys at law, representing clients from all over the world and across the full spectrum of industries.

Professional associations

  • GRUR
  • LES
  • VPP

Sample client list

  • AVL
  • BMW
  • Bosch
  • Dürr, Fein
  • Hilotherm
  • Merida&Centurion
  • Niehoff
  • Schaeffler
  • Zimmer

Firm details

Wallinger Ricker Schlotter Tostmann, Patent- und Rechtsanwälte Partnerschaft mbB
Zweibrueckenstrasse 5-7
Munich 80331
Germany

Contact details

See firm profile