Dr. Marcus Grosch

Dr. Marcus Grosch is a German qualified attorney (Rechtsanwalt) and Managing Partner of the German offices. Marcus is a litigator with 25 years of court room experience. He focuses on complex civil litigation, with an emphasis on patent and commercial litigation. Marcus regularly represents industry leading clients in all sectors including high-tech, automotive, life-science, chemical and finance. He has been lead counsel in numerous high-stakes cases, and has outstanding experience in coordinating lawsuits in multiple jurisdictions.

Marcus is one of the rare European “trial lawyers” (to use the American equivalent) who has led cases in all relevant German courts, the EPO (Opposition Divisions and Boards of Appeal), the German PTO and the UPC. Marcus has pleaded several hundred of significant cases before the German District and Appellate Courts, including the Federal Supreme Court in nullity appeals. He is intimately familiar with all aspects of procedural law and practice, including interim relief, rules of evidence as well as appeal and has in depth experience regarding all aspects of international procedure, including section 1782 USC motions (US federal discovery assisting foreign litigation). He has been successful in several legal milestone cases, including cases against the odds like the Federal Supreme Court’s widely cited leading precedent changing the law on the stay of injunctive relief which was based on one of the extremely rare motions for reconsideration (BGHZ 202, 288 – for Motorola/Google versus Microsoft).

Beyond his court room practice, Marcus has significant experience in all fields of complex dispute resolution, including commercial litigation strategy, finance litigation and international arbitration. For years, he has been a lead strategy advisor to one of the biggest automotive OEMs in the Diesel emission litigation and regularly acts in complex arbitration matters in various fields, including construction and energy. Marcus has advised clients in corporate litigation matters, including cases for interim relief regarding voting rights and take-over scenarios as well as banks and funds in disputes over financial investments.

For the last 20 years, Marcus has been regularly awarded top ratings in leading international and German ranking publications (see detailed list in “awards”).  Most recently in the 2022 Chambers Global ranking, a source stated that “he is extremely successful in winning even the most difficult arguments; he has an absolutely superb fighting spirit and perfect focus to the clients' needs.” He is also recognized by Chambers Global for his “Foreign Expertise in USA”.

IAM Patent 1000 also ranks Marcus as a “Leading Individual” for patent infringement cases in Germany, stating that he “has chalked up 20 years of courtroom experience in high-stakes, multi-jurisdictional battles”.

JUVE quotes opposing counsel who called him a “difficult opponent. He always knows his cases extremely well” and commented on his “outstanding presence in the courtroom“. 

Marcus holds degrees from the University of Mannheim (JD equivalent and Ph.D., summa cum laude) and Yale University Law School (LL.M.). He was a member of the German National Academic Foundation (Studienstiftung des Deutschen Volkes), Germany’s elite scholarship foundation.

Marcus regularly publishes books, treatises and articles that have been cited by the German courts, including the Federal Supreme Court on several occasions. He also publishes in English like the key parts in the chapter on judicial patent proceedings and case management in Germany in the international WIPO guide on patent case management for judges (https://www.wipo.int/patent-judicial-guide/en/full-guide/germany/5.6) or his article on preliminary injunctive relief in the UPC in the first edition of the GRUR-Patent in 2023 (GRUR Patent - 01-23 - Marcus Grosch - Provisional injunctions in the UPC.pdf).