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Category Archives: Patents

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Looking ahead at AI’s effect on IP in the pharma sector

In April’s issue of Pharma Times Magazine, partner Cullen Taylor explores how new machine learning technologies may have far-reaching, unexpected effects on IP and patent law. Cullen’s article looks at how AI is likely to accelerate the process of developing drugs and identifying patients who can benefit from them. It outlines patentability challenges for policy makers as well

Video-log – Patent law in Europe: What pharmaceutical companies need to know

With pharmaceutical competition in Europe continuing to evolve, established companies and new market entrants alike need to understand how key patent litigation tools are shaping the competitive landscape. Increasing competition within Europe’s pharmaceutical space makes knowing the market and understanding available patent protections more critical than ever for both well established and new market players.

Straight Talks podcast: New players, new rules – IP disruption in the automobile industry

Not long ago, an automotive “innovation” meant a new way of engineering a powertrain or emissions system, which would then be patented by the original equipment manufacturer (OEM) or supplier. A “gentlemen’s agreement” allowed competitors to maintain similar portfolios, routinely infringe on patents, and sustain relationships that were mostly devoid of litigation. But autonomous and

Introducing the U.S. + Germany Patent Update

The prominent state of patent litigation in the United States and Germany is explained not only by the size of its markets, but also by a recent increase of hearings before the U.S. International Trade Commission and the Patent Trial and Appeal Board. With an aim at providing coverage for these critical jurisdictions, we are

Italy: Double score at TopLegal Industry Awards

We are excited to announce our awards in the two categories below in Tuesday’s TopLegal Industry Awards.   Best Pharmaceutical Law Firm of the Year “A team with an outstanding patent litigation track record“ Best Technology Lawyer of the Year – Marco Berliri “Among the Italian industry sector greater experts“ These awards are testament to our holistic, collaborative approach

US – Patent IPRs: Sovereign immunity defence heading on up?

In this post, we discuss the sovereign immunity defence for IPRs which has garnered much attention, with the final chapter likely ending up at SCOTUS. The article was first published in Intellectual Property Magazine, April 2018. Summary So how does the sovereign immunity saga end? The PTAB and Congress have already made their scepticism of tribal

US: PTAB – What’s in store for the rest of the year?

In this post we examine how Section 101, IPRs and sovereign immunity defences are set to shape the board’s procedures and strategies over the coming months. The article was first published in Intellectual Property Magazine, March 2018. Before projecting the future, it is important to reflect on the past. The US Patent Trial and Appeal Board (PTAB)

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