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Category Archives: Patents

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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

Join Us at the Annual Berkeley-Stanford Advanced Patent Law Institute

Partner, Chris Mammen will be speaking at the the Advanced Patent Law Institute in Palo Alto on Dec 6-7, 2018. The APLI offers a results-oriented, in-depth look at the latest developments in patent law and practice. Co-organized by BCLT and Stanford Law School, it presents an expert faculty of judges, academics, litigators, patent prosecutors, and senior IP counsel from major corporations. Chris

FRAND license litigation: new ways of accessing relevant rates in France

Besides its new provisions defining the trade secret and sanctioning its infringements, the French Law of 30 July 2018 regarding Trade Secret offers new procedural instruments aimed at efficiently protecting the confidentiality of the exhibits submitted by the parties. Article L.153-2 of the Code of Commerce provides that any person having access to an exhibit

Hogan Lovells Standard Essential Patent Update (English, 日本語 & 한국어)

In this 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. 日本語 – Japanese language translation available here 한국어 – Korean language

US Patent Litigation: Choosing the right expert and demonstration of expert testimony

As part of the Practising Law Institute’s (PLI) Patent Litigation 2018: Advanced Techniques & Best Practices program on November 14/15, Partner Eric Lobenfeld will be speaking on the following topic: Choosing the Right Expert and Demonstration of Expert Testimony Expert witnesses play a critical role in patent litigation with respect to both liability and damages issues.

IPunkt – German language (Deutsch) IP newsletter

Our German network is delighted to provide IP news and updates in German language. Please click the link below to read the latest IPunkt edition. IPunkt – Deutsch (German language) German language IP news is also regularly published on our cross-practice DE blog

U.S. + Germany Patent Update – September 2018

The U.S. and Germany are two of the most important 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 September 2018, on notable recent

Phillips claim construction standard used by U.S. Courts to now apply to PTAB proceedings

The United States Patent and Trademark Office (“USPTO”) has published its new Final Rule on the standard of review used in construing challenged patent claims in the Patent Trial and Appeal Board (“PTAB”).  Currently, the PTAB relies on the “broadest reasonable interpretation” (“BRI”) standard in construing challenged patent claims.  However, the new rule directs the

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