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Category Archives: Patents

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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 –

US: Supreme Court hears argument on constitutionality of inter partes review

On November 27, 2017, the Supreme Court heard oral arguments in a case that will determine the constitutionality of inter partes review, a proceeding before the United States Patent and Trademark Office’s Patent Trial and Appeals Board that allows third parties, including alleged infringers, to challenge the validity of issued patents.  As previously reported by

Blockchain and IP: Podcast Interview

Ted Mlynar and Ira Schaefer in our Blockchain-Smart Contracts IPMT Working Group were interviewed for the Fordham Intellectual Property, Media & Entertainment Law Journal podcast series. Ted and Ira talk about their work with Ethereum smart contracts, and how blockchain technology can be used to protect intellectual property rights. They also discuss the important new roles for lawyers

Every bit counts: Could Blockchain be a solution for e-mobility?

In this series of blog posts, we take a look at the current state of play regarding blockchain technology as well as the legal setting with a European and German focus. Does blockchain technology open up new avenues in the field of electromobility? Can decentralized processes that are controlled by a large network be used to convert individual mobility on the

Hogan Lovells Comes to Taiwan To Help Financial Supervisory Commission

Partner Ted Mlynar, senior consultant Amelia Lin, Dr. Zheng-yi Shon, Dean of the School of Management of Tainan University of Technology, and representatives from Microsoft and Acer in Taiwan, visited Wellington Koo, Chairman of the Financial Supervisory Commission (FSC) and his staff to discuss accelerating the pace of development of Taiwan’s financial technology. Dr. Shon noted

Brexit Bill – Impact on patents

The UK government’s draft EU Withdrawal Bill (the “Brexit Bill“) aims to incorporate EU directives and regulations into UK domestic law in their current form immediately following Brexit (“Retained EU Law“).  This article considers the impact the Brexit Bill will have on some key patent issues. The Brexit Bill and EU Decisions In addition to

Interview: Emerging issues in the connected cars and autonomous vehicles market are influencing SEPs and IP transactions

In this hoganlovells.com interview, partner Celine Crowson addresses the relationship between standard-essential patents (SEPs) and the connectivity technologies used in connected and autonomous vehicles (AVs). She discusses the increased exposure of automotive manufacturers and suppliers to litigation from patent aggressors, how new autonomous vehicle technologies influence intellectual property transactions, and challenges involved in setting telecom-related

Dutch Supreme Court hands down landmark decision on infringement of second medical use patents

On 3 November 2017, the Dutch Supreme Court (Hoge Raad) handed down a landmark decision on the infringement of second medical use patents in the Merck Sharp & Dohme Corp. (“MSD”) v. Teva Pharma B.V. and Pharmachemie B.V. (“Teva”) case relating to MSD’s Swiss type second medical use patent protecting a combination therapy of ribavirin

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

Blockchain links into the pharma supply chain

In November’s issue of Pharma Times Magazine, Mark Marfé explores the current applications of Distributed Ledger Technologies (DLT), such as blockchain, and how DLT can be used and developed to benefit companies in the pharma industry. This article looks at DLT’s role in overcoming particular challenges facing the pharma supply chain, including anti-counterfeiting, product recall, information sharing, access to financing as well as the development of smart contracts. Read

UPC and Germany: Status update – Constitutional complaint, ratification timeline and more

Background The constitutional complaint against the UPC ratification that was lodged with the Federal Constitutional Court in Germany earlier this year has received a lot of attention over the past few months as it could have the potential to considerably delay the entry into force of the Agreement on a Unified Patent Court (UPCA). Pursuant

Europe: Blockchain – Practical and legal challenges

The increasing digitization of the private as well as economic realm is undeniable. The European Commission is constantly pushing the Digital Single Market forward. In the same breath as the ubiquitous phenomenon of digitalization, blockchain technology is all too often mentioned. A bright future is predicted for it even if the actual applications have, admittedly, been rare in practice so far.

Webinar – 26 September: Blockchain and IP, Navigating Emerging Issues

On Tuesday, September 26, Partner Ted Mlynar will speak on a webinar panel covering blockchain technology, smart contracts, and more. The webinar, “Blockchain and IP: Navigating Emerging Issues,” will familiarize counsel with some of the current and potential uses of blockchains, and more broadly, distributed ledger technology (DTL). The panel will also discuss the legal and

Wearable-tech turns luxury as designer brands collaborate with tech firms

In August’s issue of Jewellery Focus, Mark Marfé, a senior lawyer in our IPMT practice in London, was interviewed on the rise of wearable technology. The wearable market has seen an increase in “luxury” products as well as an expansion from wrist pieces to voice recorder necklaces, fitness tracker brooches and even rings that monitor

“The Connected World”: Intellectual Value Event – London

Please join us on 17 October when we will be hosting our annual Intellectual Value seminar – this year focusing on ‘The Connected World’ and a variety of topics from across the Internet of Things. From factories to offices, vehicles to homes, smart technologies are transforming every aspect of our society – and they’re here to stay. Businesses need

U.S. – What does the Impression Products v. Lexmark decision mean for drug companies? 5 takeaways

Last May, the U.S. Supreme Court issued a highly-anticipated decision in Impression Products, Inc. v. Lexmark Int’l, Inc., reversing the Federal Circuit and holding that, when a patent holder sells a product, it exhausts all of its patent rights in the product, regardless of certain restrictions that the patent holder sought to impose on further resale.

IP Newsletter – French language / Français

Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #16 from September 2017 can be accessed at the link below. Lettre d’actualité IPMT – Français (French language)

IP is at the heart of life sciences innovation

In recent years, technology and innovation has advanced at an unprecedented pace. Flying taxi drones, self-driving cars and 3D-printers immediately come to mind. However, exciting progress has been made in life sciences and the healthcare sector as well. With CRISPR, bionic limbs and 3D-printed tissue, the medical sector has never been closer to eliminating disease