Context: About six weeks ago, the Munich I Regional Court entered a Germany-wide injunction against certain high-speed fixed-line services that Deutsche Telekom sells to households (March 27, 2026 ip fray article). The court identified an infringement with respect to the use of linecards (network components that manage the connection between provider and customer) made by Adtran, but did not make an infringement finding with respect to the use of Nokia and Huawei linecards.
What’s new: Yesterday (May 12, 2026), the Munich Higher Regional Court granted a motion by Deutsche Telekom to stay the enforcement of the injunction in its entirety pending the appellate proceedings. To benefit from this decision, Deutsche Telekom needs to provide security to the amount of €9.05M ($10.6M). The hurdle for German appeals courts to stay enforcement is very high, making the development in this case even more remarkable.
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Court and counsel
Munich Higher Regional Court, 6th Civil Senate: Presiding Judge Lars Meinhardt, Judge Dr. Heister, and Judge Dr. Vogel.
Counsel for the plaintiff: Wildanger Kehrwald Graf v. Schwerin & Partner’s (ip fray firm profile) Eva Geschke and Jasper Meyer zu Riemsloh, together with Fish & Richardson patent attorneys Dr. Klaus Reindl and Bernhard Lorenz, Ph.D.
Counsel for defendant Deutsche Telekom: Bardehle Pagenberg’s (ip fray firm profile) Dr. Tobias Wuttke (who has represented this client for many years, even long before he joined his current firm) and Dr. Martin Drews. It is also worth noting that Deutsche Telekom’s head of IP, Alexander Haertel, is himself a former patent litigator of Preu Bohlig and Bardehle Pagenberg fame.
Counsel for intervenor Huawei: Bird & Bird’s Christian Harmsen and Dr. Bastian Selck. Huawei’s chief litigation counsel for the EMEA region, Dr. Thomas Dreiser, is another Bardehle Pagenberg alumnus.
Counsel for intervenor Nokia: Bird & Bird’s Boris Kreye and Dr. Lars Hessmann, together with patent attorneys from Samson & Partner. Nokia’s vice president of litigation, Dr. Clemens Heusch, was a patent litigator at Bird & Bird before going in-house.
Counsel for intervenor Broadcom (supplier to Adtran): CBH’s Hannes Jacobsen.
Counsel for intervenor Adtran: Hogan Lovells’s (ip fray firm profile) Dr. Andreas von Falck and Dr. Felix Banholzer.
