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Category Archives: Patents

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How to secure the right type of IP protection for wearable-technology products

From wristbands that count your steps, to skin patches that measure your sun exposure, a wide range of products are entering the wearable-technology market and raising new questions about intellectual property (IP) claims and protection. In this hoganlovells.com interview, Katie McConnell, counsel in the Hogan Lovells London office, provides an overview of the unique challenges

Hogan Lovells wins ‘TMT Team of the Year’ at the Legal Business Awards 2018

We are delighted to have been awarded TMT Team of the Year at the Legal Business Awards 2018. The award recognises the team’s victory in the landmark Actavis v Eli Lilly Supreme Court case, which found that Actavis’ products infringed Lilly’s patents in the UK, France, Italy and Spain. The award follows feedback gathered from an expert

Mexico – Designs, Patents & GIs: IP Law amendments enter into force 13 April

On March 13, 2018, amendments to the “Ley de la Propiedad Industrial” (IP Law) were published in the Official Gazette of the Federation. These reforms will enter into force on April 13, 2018. The most notable points of these amendments, regarding industrial designs and patents, as well as denominations of origin and geographical indications, are:

China issues new rules tightening up on overseas transfers of intellectual property rights

On 29 March 2018, the Chinese State Council released the External Transfer of Intellectual Property Rights Measures (for trial implementation) (the IPR Overseas Transfer Measures) providing for further governmental scrutiny of overseas transfers of IPR from the People’s Republic of China (PRC or China), with a focus on the impact of such transfers on national

Calculating larger patent damages in China by burden shifting

In China, most damages awarded in patent cases are statutory in nature despite the availability of additional options of calculating damages including losses by the plaintiff, profits obtained by the defendant, or where a previous license exists, a royalty rate based on a multiple of the prior license agreement. Nonetheless, given there is no discovery

UPDATE: UK Government comments on Draft EU Withdrawal Agreement

On 19 March the EU and the UK agreed the terms of a Brexit transition period ending on 31 December 2020. An updated colour-coded version of the EU’s Draft Withdrawal Agreement was published by the negotiators indicating which articles are provisionally agreed (highlighted in green), agreed from a policy perspective but subject to the drafting

Hogan Lovells IP scores 4 more at 2018 Managing IP Asia-Pacific Awards

March 21 – At the new format Managing IP Asia-Pacific Awards in Hong Kong, the Hogan Lovells IP practice has been awarded “Firm of the Year” in the following three categories, as well as for the new category of “Special Recognition” for innovation in IP.   China Copyright Foreign Firm of the Year Hong Kong

ITC Section 337 Investigations Webinar – Recording

On 1 March we held our first webinar in the LimeGreen Live series which focussed on International Trade Commission (ITC) Section 337 Investigations. The webinar was a panel discussion with former ITC Administrative Law Judge, Theodore Essex, Head of Hogan Lovells IP, Media & Technology Americas Practice, Celine Crowson, and former ITC Trial Lawyers Association President, Tony Pezzano. The panel provides background

Germany: Making an impact – enforcing patents at trade fairs

Trade fairs offer patent proprietors particular opportunities to take action against infringements of their IP rights. However, successfully enforcing patent rights requires careful planning and expert implementation to avoid pitfalls. Exhibitors who fear being sued for patent infringement at a trade fair must also be well prepared. Trade fairs are one of the key marketing

Hogan Lovells partner gives Law360 a Blockchain 101 for IP attorneys

New York IP partner, Ted Mlynar was interviewed by Law360 for its recent article “What IP Attys Need to Know About Blockchain“. Ted comments on the application of blockchain technology, not solely in the financial sector, but across a wide range of industries. In this interview, Ted also discusses the blockchain patent filing trends of big businesses and the issue

PTAB: Tribal Sovereign Immunity Does Not Provide a Basis to Terminate IPRs

On February 23, 2018, in a much-anticipated decision, the PTAB ruled that tribal sovereign immunity could not be used to shield certain Allergan Inc. (“Allergan”) patents from review in a number of IPRs. Allergan had assigned its patents to the Saint Regis Mohawk Tribe (the “Tribe”) on September 8, 2017, one week before hearing in

LimeGreen Live: ITC Section 337 Investigations Webinar – 1 March

Join us for the first webinar in the LimeGreen Live series which will focus on the International Trade Commission (ITC) Section 337 Investigations. The webinar will include a panel discussion with former ITC Administrative Law Judge, Theodore Essex, Head of Hogan Lovells IP, Media & Technology Americas Practice, Celine Crowson, and former ITC Trial Lawyers Association President, Tony Pezzano. The panel

Hogan Lovells Moscow Life Sciences team secures major win in a precedent patent case for Novartis against a generic producer in Russia

Led by partner Natalia Gulyaeva, the Hogan Lovells Moscow team represented Novartis in a precedent case for pharma business proving that one can obtain an injunction using patent rights against a generic in Russia before the generic starts sales. It is well known that, in the past, permanent injunctions were granted by Russian courts in patent disputes only

IP Newsletter- French language / Français

Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #17 from January 2018 can be accessed at the link below. Lettre d’actualité IPMT – Français (French language)

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

IPMT Partner Featured in The Lawyer’s Hot 100 2018

Daniel Brook, partner in our London office has been included in the recently-published The Lawyer’s Hot 100 list. The prestigious list from leading UK legal magazine The Lawyer celebrates the most daring, innovative and creative lawyers in the UK from private practice, in-house and the Bar. Daniel is a patent litigator in the UK and was

Italy: Formulation patents may prevent reimbursement of generics… but, are you innovative enough?

The possibility for the patent owner to prevent the reimbursement of medicinal products before expiry of patent protection is still an open issue. While the law covers prohibition of reimbursement for medicinal generic products’ before expiry of the patent or SPC, in practice, according to Italian courts, it seems that the product must be covered

IPMT Plays Important Role in Innovative Nuclear Fuel Commercialization Joint Venture

Nuclear fuel technology development company Lightbridge Corporation (NASDAQ: LTBR) was represented by a cross-practice Hogan Lovells team in its recently announced joint venture with Framatome, a leading provider of nuclear fuel, components, and reactor services. Under the announced deal, the two companies agreed to form Enfission, a 50-50 joint venture company to develop, license, and sell

Generic drugs taking hold in the Asian marketplace: STAT News interview

Aging populations and rising healthcare costs across Asia — particularly in Japan — have created new market opportunities for generic drug makers operating in the region. For originator drug manufacturers, that means increased competitive pressures, and a new urgency to protect patents. In this interview with STAT News, Tokyo partner Dr. Fred Ch’en explains the political

Advances in Polish IP law, part 1: Patents – Indirect infringement, limitation of scope & state of the art searches

The bill amending the Industrial Property Law, published on 14 November 2017, introduces important changes with respect to patent protection. The bill adapts the Polish provisions to the European Patent Convention, as well as the Patent Cooperation Treaty of 1970. The bill is presently being discussed within the Council of Ministers. The bill stipulates, among

The China Food and Drug Administration pushes forward on conditional approval and compassionate use of new drugs

On December 20, 2017, the China Food and Drug Administration (“CFDA“) released two draft documents for public comment: (1) Conditional Approval for Urgently Needed Drugs Technical Guidance  (the “Draft Conditional Approval Guidance“); and (2) Compassionate Use of Clinical Trial Drugs Administrative Measures (the “Draft Compassionate Use Measures” and, together with the Draft Conditional Approval Guidance,

Wearable tech: Securing the right kind of IP protection – ‘Intellectual Values seminar series #2’ video

On 17 October 2017, Hogan Lovells, London hosted its annual ‘Intellectual Values’ seminar which this year focused on the ‘connected world’. Katie McConnell, a Counsel in our IPMT team, gave a snapshot of the issues arising from the brave new world of wearable technology. The seminar explored the IP challenges faced by market players –