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Category Archives: Patents

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US: Update on pleading standards in patent cases

It has been nearly two years since the Federal Rules of Civil Procedure were amended to eliminate Form 18, the World War II-era sample form that authorized plaintiffs to commence patent infringement litigation with only bare-bones allegations. In the absence of Form 18, it is widely accepted that patent infringement complaints are now governed by

UK Supreme Court hands down landmark ruling in favour of Eli Lilly

Following last Friday’s (7 July 2017) unusual move of advance publication of the outcome of the case, the UK Supreme Court now published the reasons for its decision in the long-running Actavis v Eli Lilly case. The reasons show that the UKSC found for Lilly under every point being considered. The result is that Actavis’ products

Italian time-machine : Limitation of the duration of an SPC may be decided by the Italian Patent Office

The Board of Appeal of the Italian Patent Office (Commissione dei Ricorsi), by decision published on June 26, 2017, acknowledged the right of the patent holder to ask the Italian Patent Office for the limitation of the duration of a supplementary protection certificate (SPC) further to its recalculation on account of an earlier marketing authorisation. Background

Hogan Lovells Successfully Acts for Eli Lilly in UK Supreme Court Patent Ruling

In an unusual move, the UK Supreme Court (UKSC) has given its key conclusions in the long running Actavis v Eli Lilly case ahead of giving the full judgment. The UKSC allowed Eli Lilly’s appeal and held that Actavis’ products directly infringe Lilly’s patent in the United Kingdom, France, Italy and Spain. The full judgment

Court of Milan rules on interim measure ordering the halt of the pricing and reimbursement procedure of a generic product

By order issued on June 18, 2017, in summary proceedings brought by Teva against Mylan and Synthon for the alleged infringement of EP 2 361 924 (covering a manufacturing process for the active ingredient glatiramer acetate), the Court of Milan revoked the interim measure granted inaudita altera parte (i.e. without the defendants have been previously

US: Supreme Court takes up constitutionality of inter partes review

On June 12, 2017, the Supreme Court granted certiorari to decide the constitutionality of inter partes review, a proceeding before the Patent Trial and Appeals Board (PTAB) that allows third parties, typically alleged infringers, to challenge the validity of issued patents.  The question presented in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

A rising star at Euromoney LMG Europe Women in Business Law Awards 2017

We are excited to announce that Miriam Gundt received the Rising star: IP award during this month’s award ceremony in London. Alongside this award, Cecile Derycke was awarded Best in Product Liability. In addition to these categories, the LMG Europe Women in Business Law Awards recognize the best lawyer in each practice area as well as firm awards celebrating the best

U.S. Energy disputes: Patents or trade secrets? Yes, please.

Most energy companies implement Intellectual Property (“IP”) strategies to protect and exploit company IP (offense) and navigate third-party rights (defense). Traditionally, these policies emphasize patents. But today’s IP-savvy energy companies strategically manage both patent and trade secret portfolios throughout a company’s particular energy sector focus. The ascendance of trade secrets reflects recent strengthening of U.S.

Blockchain Technology: what can it do for you?

What is Blockchain? What are the practical uses and legal implications resulting from it? Hogan Lovells invites you to participate in its sixth TMT seminar dedicated to blockchain on: Thursday 22nd of June, from 5:30PM – Hogan Lovells Paris Office Join us for a discussion on the following topic: “Blockchain: views of an IT specialist and

IP Newsletter – French language/Français

Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #15 from May 2017 can be accessed at the link below. Lettre d’actualité IPMT – Français (French language)

US: Our patent lawyers speaking at 2017 Rocky Mountain IP & Tech Law Institute

We are proud to be sponsoring and speaking at the 15th Annual Rocky Mountain IP & Technology Law Institute. The June 1-2, 2017 event in Denver, Colorado brings together national practice and thought leaders, along with PTO and PTAB representatives, for special plenary sessions and networking. Two of our patent lawyers will represent the Denver

Emerging patent law issues: IoT webinar update

On 20 April, Hogan Lovells hosted the second instalment of the 2017 webinar series on emerging issues with the Internet of Things (IoT). This instalment focussed on the potential patent law issues presented by IoT technology. Dr. Chris Mammen, a partner in Hogan Lovells San Francisco office, considered how these issues can impact companies in

3D Printing: Are you 3DP Ready?

3D printing has already been around for decades and has disrupted certain industries, such as hearing aids. One likely impact is an increase in IP infringement, with Gartner predicting that this could reach $100 billion a year by 2018. Now that a number of key patents have expired, 3D printers are becoming cheaper and offer

U.S. – Sovereign immunity shields university from inventorship dispute

The U.S. Court of Appeals for the Federal Circuit has ruled that sovereign immunity prevents a researcher from pursuing his claim of co-inventorship against a state research institution that owns the patents. The case, Ali v. Carnegie Institution of Washington, No. 2016-2320, per curiam, (Fed. Cir. April 12, 2017), holds some noteworthy lessons for state-affiliated

Protecting IP in the era of 3D printing

3D printing has emerged as a growing force in industries as diverse as retail, automotive, and food science. As the technology takes hold in the medical device market, it brings profound changes to product manufacturing — and to the pace of innovation. Arlene Chow says the rise in availability of 3D printed devices is already

Ted Mlynar speaking at ABA’s 2017 Blockchain Technology and Digital Currency conference

We are proud to contribute to the ABA’s 2017 Blockchain Technology and Digital Currency National Institute event taking place on April 10, 2017 in New York City.  The American Bar Association’s one-day conference is dedicated to analyzing emerging legal issues concerning blockchain technology and digital currencies. Hogan Lovells Partner, Ted Mlynar, will be presenting as part

IP Newsletter – French language/Français

Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #14 from March 2017 can be accessed at the link below. Lettre d’actualité IPMT – Français (French language)