Düsseldorf, 9 January 2014

HEUKING KÜHN LÜER WOJTEKOur Expertise in Patent Law

HEUKING KÜHN LÜER WOJTEK

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Heuking Kühn Lüer Wojtek ...

• is an independent German law firm which is active internationally

• was established in 1971

• has over 250 attorneys in seven locations in Germany

• in particular with offices in the most important patent law locations Munich and Düsseldorf

• also with offices in Brussels (Belgium) and Zurich (Switzerland)

• offers full service

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Our Offices

Berlin

Chemnitz

Brussels

Hamburg

Düsseldorf

Cologne

Frankfurt

Zurich

Munich= important

patent location

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The Members of the Patent Law Team

Dr. Anton Horn

Rechtsanwalt

Certified SpecialistLawyer in IntellectualProperty Law

Partner

Melanie Künzel, LL.M.

Rechtsanwältin

Certified SpecialistLawyer in IntellectualProperty Law

Salaried Partner

Dr. Sabine Dethof

Rechtsanwältin

Certified SpecialistLawyer in IntellectualProperty Law

Senior Associate

Sönke Popp

Rechtsanwalt

Senior Associate

Birthe Struck, LL.M.

Rechtsanwältin

Junior Associate

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Dr. ANTON HORNRechtsanwalt; Certified Specialist Lawyer in Intellectual Property LawAdmitted to the Bar in 1999 Born on 26 April 1970 in Braunschweig

Languages• German, English, Spanish and Italian

Education and previous employment• Worked at a commercial law firm in Mexico City (1998-1999)• Research assistant at the International Law Institute at the University of Munich (1997-1998)

Publications• ”Intellectual Property and Antitrust 2009, Chapter on Germany“, from the series ”Getting the

Deal Through“ (Horn/Bretthauer/Velte) • ”Patent Law Treaty“ in World Intellectual Property Rights and Remedies, loose-leaf collection,

New York, December 2008 ff. (Horn/Dethof)

Lectures (selection)• “The Effects of the European Patent Package on Conventional EP Patents”, 18 April 2013,

Düsseldorf• “Workshop Patent Law in Europe”, PRIP, 18 October 2010 in Tokyo, Japan• ”Protection of knowledge in the shipbuilding industry - Appropriate ways to react to the

infringement of IPR in practice“, organized by the European Commission, DG Enterprise and Industry, 26 March 2010 in Hamburg

Newsletter articles (selection)• “Patents and Prison” in Newsletter IP, Media & Technology 1/2011• “Patent Pending – On advertising with patents“, in Newsletter IP-IT-Media 1/2009 • “Patents open doors – The right to inspection under patent law ”, in Newsletter IP-IT-Media

2/2008

Dr. Anton HornGeorg-Glock-Straße 440474 DüsseldorfGermany

T +49 211 600 55-377F +49 211 600 55-370a.horn@heuking.de

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MELANIE KÜNZEL, LL.M.Rechtsanwältin; Certified Specialist Lawyer in Intellectual Property LawAdmitted to the Bar in 2006 Born on 4 March 1977 in Düsseldorf

Languages• German, English and French

Education• Legal Trainee (Referendarin) at the Regional Court of Düsseldorf (2003-2006)• LL.M. in European Law, University of Exeter/UK (2002-2003)• Studied in Münster and Paris II (1996-2001)

Publications• „Retirement provision for patents – strategies in times of the “patent cliff”“, Medien und

Recht - International Edition, 1/11, p. 36 - 37

Lectures• „Workshop Patent Infringement“, 25 March 2010 in Düsseldorf• „Workshop Advertising Law – Advertising with patents, test results and certification

marks“, 1 October 2009 in Düsseldorf

Newsletter articles• “The European Patent Jungle – Finally Cleared?” in Newsletter IP, Media & Technology

2/2011• „Innovations in employee invention law through modernization of the patent law“,

in Newsletter IP-IT-Media 1/2010• "The UWG amendment - more legal certainty for consumers within the EU" in Newsletter

IP-IT-Media 1/2009

Melanie Künzel, LL.M.Georg-Glock-Straße 440474 DüsseldorfGermany

T +49 211 600 55-375F +49 211 600 55-370m.kuenzel@heuking.de

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Dr. SABINE DETHOFRechtsanwältin; Certified Specialist Lawyer in Intellectual Property LawAdmitted to the Bar in 2007 Born on 16 July 1975 in Erfurt

Languages• German, English and Spanish

Education• “Promotion” (Phd) at the University Göttingen (2009)• Legal Trainee (Referendarin) at the Regional Court of Wuppertal (2003-2005) • Studied in Göttingen and Salamanca/Spain (1994-2001)

Publications• “Marktabgrenzung in der Telekommunikation” (“Market delimitation in

telecommunications“), Göttingen 2009• ”Patent Law Treaty“ in World Intellectual Property Rights and Remedies, loose-leaf

collection, New York, December 2008 ff. (Horn/Dethof)

Lectures• ”Workshop Patent Infringement“, 25 March 2010 in Düsseldorf

Newsletter articles• “Innovation and harmony – a risky couple“, in Newsletter IP-IT-Media 2/2010• “The London Protocol takes effect – easier access to the European patent“, in Newsletter

IP-IT-Media 1/2008

Dr. Sabine DethofGeorg-Glock-Straße 440474 DüsseldorfGermany

T +49 211 600 55-377F +49 211 600 55-370s.dethof@heuking.de

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SÖNKE POPPRechtsanwaltAdmitted to the Bar in 2010 Born on 25 February 1983 in Hamburg

Languages• German and English

Education• Legal Trainee (Referendar) in Kiel (2008-2010)

Trainee places at• the Chamber for Commercial Matters at the Regional Court of Kiel (concentration

authorisation pursuant to § 140 II of the German Trademark Act)• a large international law firm in Hamburg in the area of trademark law• the legal department of an internationally-active manufacturer of branded goods

• Studied in Kiel (2003-2008)

Lectures• ”Elsa l@w Event – product piracy: patent remedies and branded goods in professional life

and during training“

Newsletter articles• “Know-how Theft – a Widespread Disease”, in Newsletter IP, Media & Technology 6/2012

Sönke PoppGeorg-Glock-Straße 440474 DüsseldorfGermany

T +49 211 600 55-375F +49 211 600 55-370s.popp@heuking.de

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BIRTHE STRUCK, LL.M.RechtsanwältinAdmitted to the Bar in 2013Born on 10 May 1984 in Hameln

Languages• German and English

Education• Research Assistant at COHAUSZ & FLORACK (2012-2013)• LL.M. Intellectual Property Law Düsseldorf (2011-2012)• Legal Trainee at the Regional Court of Essen (2009-2011)• Universities of Gießen and Münster (2003-2008)

Birthe Struck, LL.M.Georg-Glock-Straße 440474 DüsseldorfGermany

T +49 211 600 55-377F +49 211 600 55-370b.struck@heuking.de

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What Others Say About Us

“Anton Horn is the name at Heuking Kühn Lüer Wojtek for patent litigation. Clients compliment his strategic ability and also welcome his fine understanding of niche technological areas.“

Chambers Global, 2011 (Germany / Patent Litigation)

“Heuking Kühn Lüer Wojtek: This patent litigation practice is recognised for its dedicated and expert lawyers. Its work is focused in the Düsseldorf offices, although its IP department functions across Germany. The firm has acted for several television receiver manufacturers, including Topfield Europe in patent infringement and nullity proceedings. Elsewhere, it represented Columbia University professor Gertrude Neumark before the Düsseldorf courts in an optoelectronics patent infringement complaint against OSRAM. Observers admire Anton Horn for both his patent expertise and his technical understanding.“

Chambers Europe, 2011 (Germany / Patent Litigation)

“*translation: “Heuking Kühn Lüer Wojtek Full-service law firm with acknowledged litigation team in Düsseldorf. Dr. Anton Horn has persistently made his mark in patent infringement and nullity proceedings and has put together a four-person team to work with him.”

Juve Handbook 2011/2012

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Know-How

We continuously secure and expand our know-how through several measures, some of which are:

• Specialist CounselsWe place importance on our attorneys becoming “Certified Specialist Lawyers in IntellectualProperty Law” and then taking the corresponding courses and exams – after the requisite three-year attorney admission process.

• International SecondmentsOur attorneys are regularly seconded to foreign law firms (e.g. 2011 in Paris, 2012 in Cincinnati and Chicago), and we play host to foreign patent law experts at our law firm too (e.g. 2013 a solicitor from London at our office in Düsseldorf).

• Case BooksWe compile important judgements regarding numerous patent-law aspects. These case booksserve for internal training and are made available free-of-charge to external interested parties. The volumes currently available are listed on the next page.

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Case Books

Patent-law case books are available regarding the following subjects:

1. Indirect Patent Infringement 10. Process Patents

2. Equivalent Patent Infringement 11. Patent Vindication

3. Patent Law and Antitrust Law 12. Relation between Nullity Proceedings and Infringement Proceedings

4. Pharmaceuticals Patent Law 13. Enforcement of Judgement

5. Cross-Border Patent Litigation 14. Protection against Imitation of Technical Products

6. Preliminary Injunctions 15. Disclosure and Inspection

7. Extrajudicial Enforcement of Patent Claims 16. Damages for Patent Infringement

8. Interpretation of Patent Claims 17. Arrogation of Patent

9. Utility Models Furthermore, a text book "EU Unitary Patent" is available

English translations of some of the case books are also available.

The case books can be obtained under www.heuking.de/patent or direct by email (patent@heuking.de). The case books and theirdelivery are free-of-charge.

Examples of Press Releases

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21 June 2011

Hinges are not Pralines - Heuking Kühn Lüer Wojtek obtains Preliminary Injunction under Patent Law for Trade Show Exhibition

At this year's Hanover Trade Show, Indian company Darshana Industries Pvt. Ltd. exhibited hinges and offered them in advertising brochures. Those hinges used the patented SNAP-LINE technology of DIRAK GmbH.

DIRAK GmbH is known as a global designer, manufacturer and distributor of innovative and high-quality locking and hinging systems for industrial electrical cabinet and enclosure construction. The patented SNAP-LINE technology is characterized by the fact that hinges may be mounted in a simple manner even at hard-to-reach spaces, without the need for screws or tools.

On June 1, 2011, the Regional Court of Brunswick issued the petitioned preliminary injunction against Darshana. Heuking Kühn LüerWojtek's Düsseldorf-based patent law team was able to convince the Regional Court of Brunswick that the most recent jurisdiction of the Federal Court of Justice (Case I ZR 17/05 of April 22, 2010 "Praline form II") and the Regional Court of Mannheim (Case 7 O 214/10 of October 29, 2010 "vacuum grippers") on the offering at trade shows was not applicable to the case at issue. This jurisdiction had caused apprehension in legal circles fearing that there would be no more effective measure against the presenting of trademark-infringing or patent-infringing products at trade shows. Upon the oral hearing, the Regional Court of Brunswick followed the view held by Heuking Kühn LüerWojtek according to which the Hanover Trade Show was not a simple showcase exhibition and therefore a displaying of products and distributing of advertising brochures was an offering in the sense of patent law.

The Düsseldorf-based patent law team of Heuking Kühn Lüer Wojtek thus continues its series of successful enforcements of patents on trade shows. Recent examples include a preliminary injunction obtained in 2010 jointly with the patent lawyers of COHAUSZ & FLORACK during the "bauma 2010" trade show at Munich I Regional Court on behalf of CP Test A/S, which is part of the Danish group Per AarsleffA/S (see Press Release of May 18, 2010).

Counsel to DIRAK Dieter Ramsauer Konstruktionselement GmbH: Dr. Anton Horn and Dr. Sabine Dethof (both Patent Law, Düsseldorf) and patent attorney Dr. Ernst Stratmann (Düsseldorf).

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21 February 2011

Series of Successes in Patent Dispute Over TV Receivers: Heuking Kühn Lüer Wojtek Again Successful for Topfield

Nuremberg-Fürth Regional Court again dismissed a patent infringement action brought by Interessengemeinschaft fürRundfunkschutzrechte GmbH & Co. KG (IGR) against Topfield Europe GmbH. Topfield is thus continuing its winning streak in the trials that are garnering nation-wide attention. The current ruling of February 10, 2011 is not yet final.

Subject of the trial was a patent for searching stations in TV receivers (EP 0601554). Nuremberg-Fürth Regional Court now decided that no "searching for frequencies" in accordance with the patent is carried out by the Topfield satellite receiver. The use of a transponder list in which the known frequencies of the satellite transponders is stored does not constitute "searching" in accordance with the patent.

IGR had also brought action against Topfield under two other Grundig patents (EP 0512206 and EP 0612150). These infringement proceedings were finally dismissed or suspended. Additionally, Topfield had filed nullity suits against the patents in return. All three patents were consequently declared invalid in whole or in part by the Federal Patent Court. Currently, the appeals are pending before the Federal Court of Justice.

Cologne-based Topfield Europe GmbH and its Korean parent company Topfield Co. Ltd. have been legally represented by Cologne lawyer Friederike Kienitz already since 2005. Since 2007, Heuking Kühn Lüer Wojtek's Düsseldorf-based patent law team (including Dr. Anton Horn, Partner, and Dr. Sabine Dethof, Associate) has been assisting in matters of patent law. It also represented the client in this trial. Patent lawyer Philipe Walter (COHAUSZ & FLORACK) was called on to provide counseling services.

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18 May 2010

Blow of the Hammer – Heuking Kühn Lüer Wojtek Obtains Preliminary Injunction at "bauma 2010" Trade Show against Patent-Infringing Pile Driving Rig with Laser Measuring System

Heuking Kühn Lüer Wojtek's Düsseldorf-based patent law team jointly with the Düsseldorf patent attorneys of COHAUSZ & FLORACK obtained a preliminary injunction at Munich I Regional Court (presiding judge Dr. Peter Guntz) during the "bauma 2010" trade show on behalf of CP Test A/S which is part of Danish group Per Aarsleff A/S.

The preliminary injunction is based on the infringement of patent EP 0 737 262 B2 by Finnish company Junttan Oy, which offered a patent-infringing pile driving rig with laser measuring system at the open-air ground of "bauma", the world's largest trade show for construction machinery. CP Test A/S had previously developed and patented a corresponding system. It was possible to serve and enforce the preliminary injunction still during the trade show at Junttan Oy's booth.

(…)

Counsel to CP Test A/S:

Law firm of Heuking Kühn Lüer Wojtek, Düsseldorf; Dr. Anton Horn (Partner) and Melanie Künzel, LL.M. (Associate);

Patent attorneys COHAUSZ & FLORACK, Düsseldorf, Andreas Thielmann (Partner, Lead).

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27 April 2010

No more "play"-ing around - Patent Infringement Complaint Against Laminate Floors DismissedHeuking Kühn Lüer Wojtek Again Successful on behalf of EGGER Group

In its April 16, 2010 ruling, Mannheim Regional Court dismissed the complaint of Swedish company Välinge Innovation AB against German EGGER Group. (…) The complaint was based on three patents which protect certain embodiments of locking profiles for floor panels (EP 0877130, EP 1260653 and EP 1084317). The market for such glueless floor panels which among others are sold in home improvement and DIY stores is very large and is characterized by a large number of technical innovations and appropriate patents. The legal dispute concerned, in particular, the question whether the locking profiles exhibit some "play" at a certain position. (…)

“(…) The entire industry will register this judgment with high interest," Dr. Anton Horn, partner at Heuking Kühn Lüer Wojtekin Düsseldorf, and specializing in patent law, comments on the outcome of the trial. (…) The nullity complaints additionally filed by the EGGER group against the German parts of the patents-in-suit are pending at the Federal Patent Court. (…) Heuking Kühn Lüer Wojtek will also be participating in these nullity proceedings.

Düsseldorf-based attorneys Dr. Andreas Urban, Dr. Anton Horn and Astrid Luedtke (Heuking Kühn Lüer Wojtek) represented the succeeding EGGER companies. At the infringement proceeding, they enlisted the assistance of patent attorneys Dr. Thomas Rox and Dr. Jochen Kapfenberger (both COHAUSZ & FLORACK Düsseldorf), who will additionally act as attorneys of record in the nullity proceedings.

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23 April 2010

Natural Success - Heuking Kühn Lüer Wojtek Achieves Important Win in European-Wide Patent Infringement Dispute Regarding Biodegradable Material

Law firm Heuking Kühn Lüer Wojtek achieved an important win for BIOTEC Biologische Naturverpackungen GmbH & Co. KG (Emmerich) in a patent infringement dispute that has been ongoing since 2007: With its judgment of April 16, 2010, the Tribunal de Grande Instance in Paris dismissed the pending patent infringement complaint of Italian bioplasticsmanufacturer Novamont S.p.A. in its full extent. (…)

About three years ago, Novamont S.p.A. filed a complaint against both BIOTEC and its French shareholder, Sphère SA, in Paris, Turin and Milan. (…) BIOTEC is a leading developer and manufacturer of biodegradable materials distributed under the Bioplast label. (…) This market keeps gaining in importance worldwide since crude oil-based plastic materials are replaced by biodegradable alternative products. (…)

BIOTEC was counseled and represented by Dr. Anton Horn (Partner) and Melanie Künzel, LL.M. (Associate) of HeukingKühn Lüer Wojtek's Düsseldorf-based patent law team. They led and coordinated all proceedings and commissioned local law firms to act as attorneys of record. Dr. Arwed Burrichter (COHAUSZ & FLORACK, Düsseldorf) provided considerable support with respect to the chemical and technical aspects and regarding the nullity of the three patents-in-suit.

Attorneys Julien Horn and Francine Le Péchon-Joubert of law firm De Gaulle Fleurance (Paris) and patent law firm Novagraaf (Eric Enderlin and Nadège Lagneau) provided counsel in the now successfully concluded French trial. In Italy, Milan-based law firm Trevisan & Cuonzo (Gabriel Cuonzo und Laura Orlando) and patent law firm Barzano & Zanardo(Antonella de Gregori) act on behalf of BIOTEC. Novamont S.p.A. is represented by attorneys of law firm Lovells LLP both in France and in Italy (France: Dominique Ménard; Italy: Prof. Luigi Mansani and Giovanni Ghirardi).

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10 September 2009

Profiled defense: Rejection of an Unfounded Patent Infringement Complaint against Laminate Flooring

The market for laminate flooring is large and competitive. In this competition, patents play an important role. For example, certain profiles of locking elements and certain pipe-laying procedures are protected.

Akzenta Paneele + Profile GmbH, part of Classen Group, attempted, by means of a patent infringement complaint against two companies of EGGER Group, to ensure that certain laminate flooring panels may no longer be produced and placed on the market in Germany. The complaint was based on a patent, which places a certain procedure for the laying of laminate flooring under protection (EP 1 200 690). (...)

Düsseldorf Regional Court thus dismissed the complaint in full on June 15, 2009. Since the plaintiff has decided to accept the judgment and has made no appeal of the court's decision, the judgment has in the meantime become final.

The action filed by Fritz Egger GmbH & Co. for a declaration of nullity against the disputed patent is at present still pending with the Federal Patent Court. A hearing has not yet been set.

"The panels were laid in the court corridor before the judges' eyes, which rapidly and unequivocally clarified the matter. The judgment was therefore logical," comments Dr. Anton Horn, Partner at Heuking Kühn Lüer Wojtek in Düsseldorf, specializing in patent law, the outcome of the proceeding.

Düsseldorf-based attorneys Dr. Andreas Urban, Dr. Anton Horn and Astrid Luedtke (Heuking Kühn Lüer Wojtek) represented the succeeding EGGER companies. They enlisted the assistance of patent attorneys Dr. Thomas Rox and Dr.Jochen Kapfenberger (both COHAUSZ & FLORACK, Düsseldorf).

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23 March 2009

Fire Out - Patent Dispute Over Fire Protection Technology Settled

In a substantial patent dispute over fire protection technology, Cologne-based FOGTEC Brandschutz GmbH & Co. KG (www.fogtec.de) and Finnish Marioff Corporation Oy (www.marioff.com) agreed on an out-of-court settlement on November 17, 2008. The parties thereby resolved four patent infringement disputes before Regional Court and Higher Regional Court Düsseldorf as well as three patent nullity proceedings before the German Federal Patents Court. FOGTEC was granted a worldwide license in three of the four involved Marioff patents.

Subject matter of the proceedings were particular fire fighting systems of the Cologne-based company which are based on an innovative high-pressure water mist technology. With this technology, water is atomized at high pressure allowing it to fight fires with very small amounts of water as opposed to conventional sprinkler systems. This extremely effective technology is used among others in tunnels and in rail vehicles.

FOGTEC Brandschutz GmbH & Co. KG was represented by Dr. Anton Horn, Partner and Melanie Künzel, LL.M., Associate (both Heuking Kühn Lüer Wojtek, Düsseldorf) as well as by Philipe Walter, Patent Attorney, COHAUSZ & FLORACK.

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16 February 2009

Patent Dispute over TV Receivers over

The complaint of Interessengemeinschaft für Rundfunkschutzrechte GmbH & Co. KG (IGR) [Interest association for broadcasting property rights] against Topfield Europe GmbH, the German subsidiary of Korean technology company Topfield, was lawfully dismissed by decision of January 7, 2009. This confirmed the judgment of the first instance court in the patent dispute about single-line presentations on TV receiver displays in the appeal proceedings.

The disputed patent from among the Grundig patent portfolio protects TV receivers operated with the help of drop-down menus. The special feature here is that in this menu, the different options that can be selected are not shown below or next to each other, but rather consecutively on a display.

The decision by OLG Nuremberg supports Topfield's statement that the presentation on the television screen does not infringe the disputed patent. The decisions in two other patent infringement proceedings initiated by IGR at the same time, as well as in the corresponding patent invalidation proceedings are still pending.

Cologne-based Topfield Europe GmbH and its Korean parent company Topfield Co. Ltd. were represented by Friederike Kienitz, attorney, Cologne, as well as by Dr. Anton Horn and Sabine Dethof (both Heuking Kühn Lüer Wojtek, Düsseldorf) and by patent attorney Philipe Walter, COHAUSZ & FLORACK.

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BerlinUnter den Linden 10 · 10117 Berlin · GermanyT +49 30 88 00 97-0 · F +49 30 88 00 97-99berlin@heuking.de

BrusselsAvenue Louise 326 · 050 Brussels · BelgiumT +32 2 646 20-00 · F +32 2 646 20-40brussels@heuking.de

ChemnitzWeststrasse 16 · 09112 Chemnitz · GermanyT +49 371 382 03-0 · F +49 371 382 03-100chemnitz@heuking.de

DüsseldorfGeorg-Glock-Strasse 4 · 40474 Düsseldorf · Germany T +49 211 600 55-00 · F +49 211 600 55-050duesseldorf@heuking.de

Frankfurt am MainGoetheplatz 5-7· 60313 Frankfurt am Main · GermanyT +49 69 975 61-0 · F +49 69 975 61-200frankfurt@heuking.de

HamburgNeuer Wall 63 · 20354 Hamburg · GermanyT +49 40 35 52 80-0 · F +49 40 35 52 80-80hamburg@heuking.de

CologneMagnusstrasse 13 · 50672 Cologne · GermanyT +49 221 20 52-0 · F +49 221 20 52-1koeln@heuking.de

MunichPrinzregentenstrasse 48 · 80538 Munich · GermanyT +49 89 540 31-0 · F +49 89 540 31-540muenchen@heuking.de

ZürichBahnhofstrasse 3 · 8001 Zürich · SwitzerlandT +41 44 200 71-00 · F +41 44 200 71-01zuerich@heuking.ch

www.heuking.de