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Category Archives: Patents

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Hogan Lovells’ U.S. + Germany Patent Update

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. The most recent update is available in English here. This update covers the following developments across the U.S. and Germany: United States PTAB Has Discretion to Join Parties and New Issues in “Limited Circumstances” –

Alternative to interlocutory injunctions? Shanghai IP Court innovates with a “partial judgment” on patent infringement

Earlier this year, the Shanghai IP Court (“Court”) handed down an interesting judgment in a patent infringement case between a French car parts manufacturer and three Chinese defendants (two Xiamen, Fujian Province based companies and an individual). On 27 March 2019, upon appeal, the IP Court of Appeal at the Supreme People’s Court upheld the

Join us: Women in Blockchain event – San Francisco

Our San Francisco office is hosting a “Women in Blockchain” panel on Wednesday, April 10. Mary Beth Buchanan, General Counsel for Kraken Cryptocurrency Exchange, will kick off the event as the Keynote speaker.  An all-women panel, including speakers from Circle, BitFlyer, and Coinbase, will share their insights regarding developments and opportunities in crypto exchanges. The evening

Brexit: the impact on supplementary protection certificates (SPCs)

On 6 February 2019 the House of Commons and House of Lords approved The Patents (Amendment) (EU Exit) Regulations 2018 (Patent SI), which, if it is signed into law, will come into force on Brexit day (i.e. 29 March 2019 or such later date as agreed as part of an extension). The purpose of the

Life Sciences and Health Care Horizons 2019 publication: IP in the mix

Innovation in the life sciences and health care industries is occurring at a dizzying pace. Five years ago, anti-PD-1 antibodies from Merck and BMS had yet to be approved, CAR-T therapies were still in small-scale clinical trials, and digital health was seen as electronic step counters and little else. Today, cures are being found for

Hogan Lovells’ Standard Essential Patent Update – February 2019

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United States. The February 2019 update can be accessed in the following languages: • English language available here • Japanese language available here  The February 2019 update covers

US: NYIPLA 97th Annual Dinner in Honor of the Federal Judiciary – Celebrate with us

We are delighted to be participating in the NYIPLA 97th Annual Dinner in Honor of the Federal Judiciary, taking place on Friday, March 22 in New York City. As longstanding members of the New York Intellectual Property Law Association, we look forward to this event every year. Keeping with tradition, the Hogan Lovells IPMT team will be

IPMT Notches Two Prominent Life Sciences Partners

We are excited to have two prominent partners, Simon Roberts and Jason Leonard, join our IPMT practice group in New York. The distinguished duo spent the bulk of their careers at the intellectual property boutique firm, Fitzpatrick Cella Harper & Scinto, which merged with Venable LLP last year. Their strong chemistry backgrounds, coupled with their deep litigation

Global IP Outlook 2019 – Two steps forward and a look back

2018 posed new opportunities and challenges for IP-rich businesses, with major new legislation introduced in Europe to govern trademark and trade secret protection; significant and transformational case law in the U.S., and the confirmation of new planned IP-specific legislation for several jurisdictions in Asia. We’re here to help you keep abreast of these changes and

Blockchain technology in life sciences will enable more efficient and accurate health care delivery

Blockchain—the tamper-proof electronic ledger network technology—first made headlines with the rise of cryptocurrencies like Bitcoin. Independent of that boom-and-bust cycle, the life sciences industry is now exploring ways to tap into the potential of blockchain’s underlying technology. Blockchain adoption has the potential to create a more broadly integrated ecosystem, which would allow players across disparate

Hogan Lovells’ U.S. + German Patent Update – January 2019 (English, 日本語, and 한국어)

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. The January 2019 Update is available in the following languages: English language available here 日本語(Japanese language) available here 한국어 (Korean language) available here The January 2019 spotlight article covers a recent Federal Constitutional Court (FCC) decision in Germany

HL.com interview – Litigating IP issues: The impact of AI and machine learning

As artificial intelligence (AI) and machine learning are integrated into an increasing number of products and services, litigation issues involving patents and trade secrets will increase. In this hoganlovells.com interview, IP partners Celine Crowson (Washington, D.C.), Jason Lohr (San Francisco/Silicon Valley), and Dr. Chris Mammen (San Francisco) discuss the evolution of AI and machine learning

EU: New developments in the SPC manufacturing waiver legislative process

Following the European Commission’s draft proposal for implementing the so-called SPC manufacturing waiver the Committee on Legal Affairs of the European Parliament published a draft report on presenting its suggested amendments to the Commission’s proposal. The Committee in essence supports the plan to introduce the manufacturing waiver but is asking for some clarifying amendments as

Pharma companies may benefit from proposed patent law changes in China – Public comment invited

On January 4, China’s National People’s Congress (NPC) released draft amendments to the Chinese Patent Law, proposing expanded and enhanced protections that may provide real benefits to companies that develop new drugs.  A potentially important condition to one of the key proposed changes specific to new drugs is that it would be available only for

USPTO Announces Revised Guidance for Subject Matter Eligibility

The United States Patent and Trademark Office (USPTO) kicked off the new year in a big way by releasing its “2019 Revised Patent Subject Matter Eligibility Guidance”.  This guidance for USPTO examiners and Patent Trial and Appeal Board judges does not have the force of law, but it is still particularly important for those in

District Court Extends Patent Damages to Include Foreign Lost Profits in Direct Infringement Cases

On October 4, 2018, Federal District Court Judge Leonard P. Stark issued an order in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al. allowing a plaintiff to recover foreign lost profits for direct patent infringement under 35 U.S.C. § 271(a). The order extends the U.S. Supreme Court’s June 2018 holding in WesternGeco LLC

Hogan Lovells’ Standard Essential Patent Update – December 2018 (English and 日本語)

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, Germany, Japan, the United Kingdom, and the United States. The December 2018 SEP Update can be accessed in the following languages: English language available here 日本語 (Japanese language) available here The December 2018 spotlight article covers recent developments

Internet of Things webinar recording: 2018 in a nutshell and what 2019 has in store for IoT

On 18th December we hosted the final instalment in our Internet of Things Webinar series for 2018 (more to come in 2019!). Michele Farquhar, Tim Tobin, Mark Parsons, and Valerie Kenyon provided a round-up of the hot topics from 2018, including key regulatory and legal developments in the U.S., Europe, and Asia, in areas such as

A sneak peek at China’s long-awaited new draft Patent Law

On 5 December 2018, the latest draft of the Chinese Patent Law was presented to China’s State Council (i.e. the executive body of China’s central government) during a meeting chaired by Premier Li Keqiang (see here for a summary, in Chinese). New developments about the draft have certainly been long-awaited, with the latest and highly

U.S. + Germany Patent Update – November 2018 (English, 日本語 & 한국어)

IN THIS ISSUE  PTAB Denies Institution as Duplicative Due to Earlier IPR Challenge by Different Petitioner – Shenzhen Silver Star Intelligent Tech. v. iRobot Corp. (5 September 2018) German Federal Patent Court on Filing Auxiliary Requests With Narrower Claims in Patent Nullity Proceedings – “Satellite Based Paging System with Location Transmission,” Federal Patent Court of

2018 – The year the pharma industry felt AI’s impact and potential

Artificial Intelligence (AI)  is not new… but this year its impact, and the potential for change, was felt across the pharma industry in areas such as drug discovery, tech collaboration, regulation and patentability. When considering the reasons for this, the answer is not that AI is new. ‘AI’ is an umbrella term covering a spectrum

Adoptive T cell therapies: How “game changing” cancer treatments are challenging patent law

In this article, first published in the November edition of Intellectual Property Magazine, Stephen Bennett and Mary Foord-Weston examine how new therapies for cancer treatment are challenging patent law. The authors discuss protecting IP in individual medicine, defining the product, process claims, dosage regimen claims and what’s next for adoptice T cell therapies With two

Legal landmines lie in wait for machine learning applications

An ever-increasing variety of companies are incorporating machine learning into their products and services. Machine learning provides the ability to quickly and accurately perform, in parallel, a large number of well-defined tasks. The accuracy will improve over time as additional data is obtained and the machine learning model continues to “learn”. Many companies, however, are