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Category Archives: Patents

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The skilled machines disrupting drug design

Capable of identifying novel compounds for therapeutic use, AI is saving time and costs in a process that can take around 10 to 15 years and billions of pounds to complete. For the pharmaceutical industry, which has traditionally relied on patents to protect innovation and fund R&D, this should be good news, but is an

Hogan Lovells IP opens First Healthcare Blockchain Summit at Z-Park

On September 22, IP Partner Ted Mlynar gave the opening keynote speech at the inaugural Healthcare Blockchain Summit at Z-Park, Cambridge, MA. Z-Park is the newly opened innovation hub, in collaboration with MIT-CHIEF and Harvard University’s student organizations. The summit gathered global key representatives in both research, industry and legal sectors of both fintech and

EU Patent Office publishes preview of guidelines on patenting AI applications

The preview-version of the EPO’s Guidelines for Examination is out now (link here), and, for the first time ever, there is specific guidance on patenting AI applications – Are there any surprises in the Guidelines? Earlier this year the European Patent Office (“EPO”) held its first ever conference on patenting artificial intelligence (“AI”). Following intensive

Brexit and IP: impact of a no deal exit

On Monday the UK government published a series of notices on the impact of a no-deal Brexit on intellectual property right-holders. The notices are part of a series of notices the government has published recently setting out what would happen for key industries in the event of a no-deal Brexit and what industry should do

US Patents and the potential global monopoly effect for software

Earlier this summer, the Supreme Court held that the Patent Act’s damages provision, 35 U.S.C. 284, allowed a patent holder to recover foreign lost profits when patent infringement liability is based on 35 U.S.C. 271(f)(2). WesternGeco LLC v. ION Geophysical Corp., 138 S. Ct. 2129 (2018). Section 271(f)(2) provides that a company “shall be liable

U.S.: Innovation Lounge networking event, October 17

Join us on October 17 for our Hogan Lovells Innovation Lounge, a networking event in our Washington, D.C. office aimed for associate-level attorneys and professionals with an interest in tech. Catch up with old friends and make new connections as a panel of industry disruptors discuss their cutting-edge technologies and the legal issues that arise in development and commercialization. Hors d’oeuvres

China IP litigation and prosecution statistics: taking a step back to see the bigger picture.

According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. In this article, we provide an overview of those combined statistics, and analyze how this might have an impact on your business in China.   China IP litigation numbers

US: Authorized automobile dealerships drive discussion on patent venue in the Eastern District of Texas

In May 2017, the Supreme Court tightened the rule for venue over domestic defendants in patent infringement cases finding that, under 28 U.S.C. § 1400(b), venue is proper only “in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” TC Heartland

Standard Essential Patent Update – August 2018

In the August 2018 edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, the United Kingdom, and the United States. This bi-monthly newsletter summarizes the more notable SEP developments from key litigation arenas for owners and prospective licensees. This update can be accessed by

China: Are you up-to-date on SPC draft guidelines on patent examination and administrative cases concerning patent rights?

China’s Supreme People’s Court (SPC) recently circulated its Draft “Provisions on Several Issues concerning the Adjudication of Administrative Cases on Granting and Affirming Patent Rights (I)” (最高人民法院关于审理专利授权确权行政案件若干问题的规定(一)). This Draft aims to address issues concerning administrative court adjudication and Patent Review Board (“PRB”) decisions regarding both patent examination and patent validity. The Provisions apply to: patent grant

3D printing: Opportunities & risks for the pharma industry

3D printing is transforming certain industries – so why hasn’t it been widely adopted in the pharma sector? There are likely to be a number of barriers to entry for 3D printing in this field, including identifying how to make it economically viable. Whilst a number of the key patents relating to 3D printing have

Wearable technology: IP opportunities and risks – LimeGreen Live webinar

Join us on 16 or 21 August for the fourth in our LimeGreen Live webinar series in conjunction with the Hogan Lovells Consumer Industry Sector Group. This webinar will explore the IP opportunities and risks for businesses operating in, or looking to enter the wearable technology market. Our presenters will discuss the lifecycle of a wearable technology product, from building or

A problem in 3D – Opportunities and IP risks for businesses

“The UK Intellectual Property Office is wary, designers are worried, and the EU is embracing the tech.” In this Intellectual Property Magazine July/August article, Stella Wong examines the awkward relationship between 3D printing and IP. Issues discussed include: Opportunities in the consumer and life sciences industries (such as customised toys, or better tolerated medicines) Infringement challenges

U.S. + Germany Patent Update – July 2018

The U.S. and Germany are two of the most key fora in the world for patent litigation. The U.S. has long been one of the largest markets for patent litigation, and Germany has constantly attracted more than 50% of all European patent litigation. Hogan Lovells offers its multi-lingual update, dated July 2018, on notable recent

A changing competitive landscape: the role of the ITC in the biosimilars space

As biosimilar competition from companies outside the United States continues, innovator companies are increasingly likely to turn to the International Trade Commission as a first line of defense for protecting critical IP. Competition for innovator biologics companies has traditionally been relatively low, but since the FDA’s first biosimilar approval in 2015, the U.S. marketplace is

The EU Commission is set to address the challenges of three-dimensional printing

Additive manufacturing, more commonly called “three-dimensional printing” or simply “3D printing“, is a truly fascinating technology. Whilst the first experiments date back to the 1960s, with the first meaningful industrial applications following in the 1980s, only throughout the last couple of years has the technology really gained momentum. Meanwhile, the market is growing rapidly. The

Hogan Lovells Standard Essential Patent Update – June 2018

In the June 2018 edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, the United Kingdom, and the United States. This bi-monthly newsletter summarizes the more notable SEP developments from key litigation arenas for owners and prospective licensees. Spotlight This issue’s Spotlight article addresses the dismissal

Standard essential patents in the automotive industry – Webinar recording

Earlier this month we held the third in our LimeGreen Live webinar series, in conjunction with Hogan Lovells Automotive and Mobility Industry Sector Group This webinar explored recent SEP case developments in three key jurisdictions—the U.S., Germany, and China. The speakers were three members of our global patent team handling automotive patent litigation and SEP disputes: Katie Feng (China), Joe Raffetto

France – Rejection of a second SPC for a biological medicinal product

Cour de cassation, Commercial Chamber, 16 May 2018, No. 16-21638 The French Cour de cassation upholds the Paris Court of Appeal’s decision to reject an SPC application for a biological medicinal product which was based on the same patent as a first SPC but on a different market authorization. The Government of the United-States of

Huawei v. Samsung — A new benchmark for standard essential patent litigation in China?

China has become a new battlefield in the global patent war amongst tech giants in the telecom industry. On 4 January 2018, the Shenzhen Intermediate People’s Court (“Court“) rendered a landmark judgment in the Huawei v. Samsung standard essential patent (“SEPs“) case that is expected to reshape dynamics between the SEP licensors and licensees. On

Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead

Virtually all industries are being reshaped with the use of Artificial Intelligence and advanced machine-learning. Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social media, and beyond is being affected. These new technologies present a variety of commercial opportunities and the potential to change our daily lives. At the

TMT China Brief – Summer 2018

Welcome to our first issue of TMT China Brief in 2018! This edition features a total of 14 articles which capture various significant TMT developments in Greater China. These developments cover an extraordinary breadth of topics and demonstrate a strong increase in the nuance and complexity of TMT law and practice in the region. Cybersecurity

Japan: Nikkei interviews Theodore Essex – ITC puts weight on the actual situation of patentees

Last month, Nikkei interviewed Senior Counsel Theodore (Ted) Essex on the importance of The United States International Trade Commission (“ITC”) for Japanese companies. Ted first provided an overview of the function of this quasi-judicial federal agency which decides, based on patentees’ applications, whether to give an injunction on infringing products. He commented that the ITC

Standard essential patents in the automotive industry – LimeGreen Live webinar 21/26 June

Join us on 21 or 26 June for the third in our LimeGreen Live webinar series, in conjunction with Hogan Lovells Automotive and Mobility Industry Sector Group This webinar will explore recent SEP case developments in three key jurisdictions—the U.S., Germany, and China. The presenters include three members of our global patent team handling automotive patent litigation and SEP disputes: