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Category Archives: Patents

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Pharmacy compounding of patented medicines in the Netherlands

The pharmacy exemption came into force on 1 February 2019 In many other European countries (such as Germany, France and the UK), pharmacists were already allowed to prepare a patented medicine on a small scale for their own patients under a pharmacy exemption. This was not the case in the Netherlands, at least, not until 1

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

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, Japan, 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

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