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Category Archives: Patents

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Investing in China’s TMT sector: What you need to know

China is a market that represents a paradox for many telecoms, media and technology (“TMT“) companies. On the one hand it offers the promise of almost unlimited growth potential if you get the product right, but on the other it presents huge challenges from the regulatory and compliance perspective in terms of establishing a foothold

Webinar summary: Artificial Intelligence – Getting to grips with basics and legal implications

Jason Lohr (San Francisco) held the first in a series of internal webinars on the basics and legal implications of artificial intelligence (AI) and machine learning, highlighting their relevance to IPMT. AI touches nearly every industry and is used to solve complex problems, spot and minimize risks, improve decision-making, and develop new products. Key issues and

Hogan Lovells’ Standard Essential Patent Update – August 2019 (English, 日本語, 한국어)

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 August 2019 update can be accessed in the following languages: English language available here 日本語 (Japanese language) available here 한국어 (Korean language) available here The

Invalidation of Chinese patent based on a finding of lack of domestic priority

Recently, the Chinese Patent Reexamination Board (PRB) published a written decision where patentee Chen He’s Electric Unicycle patent (CN102275621B) was invalidated based, partly, on a failure to establish sufficient domestic priority. The case is significant because of: a) its consideration of whether the patent can be invalidated due to not applying for a foreign filing

EU SPC Manufacturing Waiver now in force

The SPC Manufacturing Waiver (the “Waiver“) is now in force, effective from 1 July 2019 (Regulation 2019/933 amending the SPC Regulation 2009/469). The Waiver has been introduced with the stated aim of putting EU generic and biosimilar manufacturers on a level playing field with their competitors in third countries. The Waiver carves out of SPC

Hogan Lovells’ U.S. + Germany Patent Update – July 2019 (English, 日本語, 한국어)

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. The full July 2019 update can be accessed in the following languages: English available here 日本語 available here 한국어 available here The July 2019 Update covers the following developments across the U.S. and Germany: United

When Can A Patent Challenger Appeal The PTO’s Decision To Uphold A Patent?

In 2011, Congress passed the America Invents Act (“AIA”), which established new ways to challenge the validity of an issued patent before the U.S. Patent and Trademark Office (“PTO”).  These procedures were seen by many as a cheaper alternative to litigation in court and have become popular.  Over 1,600 inter partes review (“IPR”) petitions were

Qualcomm Ordered to License the SEP Keys to its Modem Chip Kingdom

In a decision following a 10-day bench trial, Judge Lucy H. Koh ruled on May 21, 2019 in favor of plaintiff U.S. Federal Trade Commission (“FTC”) that defendant Qualcomm, Inc.’s (“Qualcomm’s”) licensing practices relating to its Standard Essential Patents (“SEPs”) violated both U.S. antitrust laws and Qualcomm’s contractual obligations to license its SEPs on fair,

A tale of two visions: what does China’s social credit system really mean?

The Social Credit System (“SCS“) in the People’s Republic of China is not a new concept. But the Chinese Social Credit System is nothing if not controversial. There are two world views of the SCS, which paint diametrically opposed images, from a means to improve people’s lives by punishing anti-social and bad behaviour to a data-driven Orwellian

France: Inventive step becomes a patentability requirement at the French patent office

Law No. 2019-486 on growth and transformation of enterprises or “PACTE” Act was promulgated on May 22, 2019, making inventive step a ground for rejection of a domestic French patent application (new Article 612-12, I, 7° of the French Intellectual Property Code) at the examination level by the French patent office (“INPI”). This provision will come

Hogan Lovells’ Standard Essential Patent Update – May 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 May 2019 update can be accessed in the following languages: • English language available here • Japanese language available here The May 2019 update covers these developments

Germany: Allowing a competitor to implement a characteristic product feature risks loss of its function as an indication of origin

Higher Regional Court Frankfurt am Main “Exzenterzähne II” (“Eccentric Teeth II”) The Higher Regional Court Frankfurt am Main ruled that the unique selling point (USP) or “individual character” of a product that serves as an indication of origin may lose that function if the manufacturer of the original product has previously allowed a competitor to

U.S. – NIST Seeking Input on AI Technical Standards by May 31, 2019

On May 1, 2019, the National institute of Standards and Technology (NIST) announced a Request for Information (RFI) in the Federal Register regarding ongoing efforts to develop technical standards for artificial intelligence (AI) technologies and the identification of priority areas for federal involvement in AI standards-related activities. Responses to the RFI are due by May

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