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Category Archives: Patents

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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

IPMT Notches Two Prominent Life Sciences Partners

We are excited to have two prominent partners, Simon Roberts and Jason Leonard, join our IPMT practice group in New York. The distinguished duo spent the bulk of their careers at the intellectual property boutique firm, Fitzpatrick Cella Harper & Scinto, which merged with Venable LLP last year. Their strong chemistry backgrounds, coupled with their deep litigation

Global IP Outlook 2019 – Two steps forward and a look back

2018 posed new opportunities and challenges for IP-rich businesses, with major new legislation introduced in Europe to govern trademark and trade secret protection; significant and transformational case law in the U.S., and the confirmation of new planned IP-specific legislation for several jurisdictions in Asia. We’re here to help you keep abreast of these changes and

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