Dr. TobiasMandler (Toby)

Associate

Munich + 49.89.20.60.42.301

Dr. Tobias Mandler's practice focuses on patent litigation and intellectual property law. He has advised and counseled numerous technology sectors on patent litigation, prosecution, oppositions, invalidation actions, and in preliminary injunction as well as enforcement proceedings including aircraft cabin electronics, amino acid producing bacteria, glass inspection systems, industrial electrolysis, optical devices, orthodontic devices, photoablative lasers, spark plugs, tapping systems, semiconductors, music streaming, and various products for children.

He also has experience in the negotiation of global license agreements, cross-border discovery, saisie-contrefaçon, judical aid requests under the Hague Convention, and inspection proceedings in support of pending patent disputes as well as other types of technology-related litigation, including misappropriation of business secrets, software products for the oil and refinery industry, business procurements software, litigation of audit claims, and damage claims.

Toby previously worked as a student assistant and academic assistant at the Institute for Business Law, Labor, Social, and Intellectual Property Law as well as the Research Department for University Law and University Labor Law at the Albert Ludwigs University of Freiburg for several years. During this time he also advised one of Germany's largest university clinics as in-house counsel for five years before joining Jones Day in early 2017.

Experience

  • CORSAIR acquires Elgato GamingJones Day advised Corsair Gaming, Inc., a portfolio company of EagleTree Capital, in connection with the acquisition of the gaming division of Elgato Systems GmbH, which develops, designs and manufactures video game streaming software and hardware products.
  • PAG invests in Key Safety Systems to finance acquisition of global assets of Takata CorporationJones Day represented PAG Asia Capital Ltd. and PAG Asia II LP in connection with its investment in Key Safety Systems, a subsidiary of China-based Ningbo Joyson Electronic Corporation, to finance the acquisition of substantially all of the global assets of Takata Corporation out of bankruptcy in the U.S. and Japan and certain non-bankruptcy transactions elsewhere in the world.
  • CJ CheilJedang defends German patent infringement action by Japanese competitorJones Day is representing CJ CheilJedang Corporation, a major Korean-based multinational company, in a patent dispute with a Japanese competitor before the courts in Germany.
  • Additional Publications

    2021

    The promotion of one's own scientific qualification as material requirement for objective-free fixed-term agreements pursuant to § 2 para. 1 WissZeitVG? -
    Annotation to LAG Cologne, judgment of October 7, 2020 - 5 Sa 451/20, OdW 2021 pp. 193-199 with Sabita Banerjee

    2021

    How many days has the year? Calculation of the maximum term limits pursuant to § 2 WissZeitVG -.
    Annotation on BAG, judgment of May 20, 2020 - 7 AZR 72/19 and LAG Hamm, judgment of November 28, 2019 - 11 Sa 381/19, OdW 2021 pp. 53-58, with Laura Wegmann

    2020

    Calculation of the doctoral periods pursuant to Sec. 2 (1) Sentence 2 HS 2 WissZeitVG - Comment on BAG, judgement of March 23, 2016 - 7 AZR 70/14, of May 18, 2016 - 7 AZR 712/14 and of August 21, 2019 - 7 AZR 563/17, OdW 2020, pp. 261-280, with Sabita Banerjee

    2020

    Chapter 34, Transitional law and international private law and chapter 60, emergency tariff in Boetius/Rogler/Schäfer (ed.), Handbook Private Health Insurance, 1. edition 2020

    2019

    Calculation of the maximum limitation period pursuant to § 2 para. 1 (1) and (2) Science Employment Contract Act (WissZeitVG) – annotation to Regional Labour Court, decision of 16 August 2018 – 21 Sa 201/18, OdW 2019, pp. 125-129, with Laura Wegmann

    2018

    The limitation pursuant to § 14 (2) Part-Time and Fixed-Term Contracts Act (TzBfG) under the scope of the application of the science employment contract act, OdW 2018 pp. 201-212, with Laura Wegmann

    2018

    Comment on Preis/Ulber: Commentary on the Science Employment Contract Act (WissZeitVG), OdW 2018, pp. 39-40, with Dr. Markus Meißner

    2017

    The appropriateness of a fixed term in accordance with § 2 para. 1 under the Science Employment Contract Act (WissZeitVG) revised version, OdW 2017, pp. 199-210, with Dr. Markus Meißner

    2017

    Temporary employment in the public hospital sector, MedR 2017, pp. 459-566

    2017

    Co-Culpability pursuant to § 31 para. 2 (2) FWG BW, VBlBW 2017, pp. 189-193

    2016

    Offsetting in the Private Health Insurance System, dissertation, Series of Publications on Insurance Law, Volume 59, Prof. Dr. Manfred Wandt (Ed.), 630 pages, June 2016

    2016

    Psychological psychotherapists in training, MedR 2016, pp. 874-884

    2016

    Allocation of third-party funds and time limitation in cooperation between state, university and university clinic, OdW 2016, pp. 217-228

    2016

    Works council participation rights for civil servants working in a company, BB 2016, pp. 629-633, with Prof. Dr. Dr. h.c. Manfred Löwisch

    2016

    The personal scope of the Science Employment Contract Act (WissZeitVG) – Commentary on Federal Labor Court judgment of 29 April 2015 – 7 AZR 519/13, OdW 2016, pp. 127-130, with Dr. Markus Meißner

    2016

    Discussion of the Science Employment Contract Act (WissZeitVG) – Possibilities, limitations and potential for improvement, OdW 2016, pp. 33-50, with Markus Meißner

    2015

    The remuneration of visiting physicians, MedR 2015, pp. 499-505

    2015

    Obligation to provide evidence in the event of revocation of health insurance contract, VersR 2015, pp. 1489-1491

    2015

    Abuse of rights with respect to time limits for third party funding in accordance with § 2 para. 2 under the Science Employment Contract Act (WissZeitVG), OdW 2015, pp. 217-229

    2015

    Retroactive conversion to emergency tariff for completed rest periods – Note to Higher District Court of Berlin, Decision of 7 November 2014 – 6 U 194/11 = VersR 2015 pp. 440-441, VersR 2015, pp. 818-820

    2014

    The extension of employment contracts pursuant to § 2 para. 5 under the Science Employment Contract Act (WissZeitVG), OdW 2014, pp. 221-236

    2014

    The emergency tariff, VersR 2014, pp. 167-171

    2014

    Economic committees at higher education institutions and university clinics, OdW 2014, pp. 75-80, with Prof. Dr. Dr. h.c. Mandfred Löwisch

    2014

    Company car leasing and its consequences, Ad Legendum 2014, pp. 354-364, with Kathrin von Mielecki

    2014

    The form requirements in the contesting of real estate transactions, Iurratio 2014, pp. 80-84

    2013

    The new claim to information pursuant to § 192 para. 8 VVG, VersR 2013, pp. 1104-1107