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Tag Archives: patent litigation

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 –

U.S. Patent Legislation: The STRONGER Patents Act of 2017

In June, three democratic senators (Chris Coons from Delaware, Dick Durbin from Illinois, and Mazie Hirono from Hawaii) and one republican senator (Tom Cotton from Arkansas) introduced the “STRONGER Patents Act of 2017.” One of the motivations for the bill appears to be that the U.S. Chamber of Commerce recently ranked the U.S. patent system

US: Update on pleading standards in patent cases

It has been nearly two years since the Federal Rules of Civil Procedure were amended to eliminate Form 18, the World War II-era sample form that authorized plaintiffs to commence patent infringement litigation with only bare-bones allegations. In the absence of Form 18, it is widely accepted that patent infringement complaints are now governed by

Court of Milan rules on interim measure ordering the halt of the pricing and reimbursement procedure of a generic product

By order issued on June 18, 2017, in summary proceedings brought by Teva against Mylan and Synthon for the alleged infringement of EP 2 361 924 (covering a manufacturing process for the active ingredient glatiramer acetate), the Court of Milan revoked the interim measure granted inaudita altera parte (i.e. without the defendants have been previously

U.S. Energy disputes: Patents or trade secrets? Yes, please.

Most energy companies implement Intellectual Property (“IP”) strategies to protect and exploit company IP (offense) and navigate third-party rights (defense). Traditionally, these policies emphasize patents. But today’s IP-savvy energy companies strategically manage both patent and trade secret portfolios throughout a company’s particular energy sector focus. The ascendance of trade secrets reflects recent strengthening of U.S.

Protecting IP in the era of 3D printing

3D printing has emerged as a growing force in industries as diverse as retail, automotive, and food science. As the technology takes hold in the medical device market, it brings profound changes to product manufacturing — and to the pace of innovation. Arlene Chow says the rise in availability of 3D printed devices is already

The Patent Implications of Using AI in the Global Marketplace

International usage can lead to problems through data collection, disclosure and more. In addition to issues regarding inventorship and infringement, companies utilizing artificial intelligence (AI) and machine learning may face obstacles when training data is obtained internationally. Many applications of machine learning continually train and update the relevant models and neural networks using data collected

LSIPR Video interview – The 3D printed pill: A reality with opportunities & risks

You would be wrong to think that the 3D printed pill is “the next big thing” – it already exists and the FDA has already authorised such a pill. In an interview with Life Sciences IP Review, Stella Wong outlines why pharma and medical device companies should be looking at the opportunities and risk mitigation around this disruptive

Blockchain and patent Law: A conversation with Berkeley Law

Chris Mammen recently interviewed Berkeley Law professors Narechania and McCrary about some of the IP applications of blockchain. This short video touches upon the following points: What is blockchain? Does it have broader applications outside Finance? Who is the inventor and why is his/her/their identity important? How might ownership of a core set of blockchain patents play out in

Asia – Hot Property

Our Intellectual Property team in Asia is celebrating a run of success taking home the following 5 awards across our offices in China, Japan and Vietnam: International IP Firm of the Year (China Law & Practice Awards); Best in IP (Asialaw Asia-Pacific Dispute Resolution Award); Japan Trademark Firm of the Year (Asia IP) (Earlier this year we also

China – When do cease-and-desist letters become unfair competition?

Owners of Chinese patents should take care not to be overly aggressive in asserting their patent rights, especially when dealing with a retailer, dealer, or importer. So long as the patent owner’s conduct falls within normal business practice, a patent owner should not be responsible for the alleged infringer’s economic harm, even if the patent

Artificial intelligence drives new thinking on patent rights

A new paradigm will shake up the IP landscape, as cognitive activities once performed by humans will now increasingly be performed by machines. Artificial intelligence and machine learning (collectively AI) are hot topics in almost every industry, affecting everything from robotics, autonomous vehicles, and consumer devices to health and pharmaceutical technologies. AI is being used

As auto & technology IP converge, will Detroit & Silicon Valley unite?

As technology steers the automotive industry and Silicon Valley onto the same track, big players find themselves at a crossroads – are they on the cusp of the next IP battleground or at the forefront of a new kind of collaboration? Technology and automotive company reps at the “IP in the Auto Industry” conference in

US: The proposed VENUE act

On March 17, 2016, the “Venue Equity and Non-Uniformity Elimination Act of 2016” (VENUE Act) was introduced to the U. S. Senate and referred to the Committee on the Judiciary.  The bill’s main goal is to prevent plaintiffs from filing lawsuits in states where neither the plaintiff nor the defendant has a “regular and established” physical

The big picture on IP litigation in China

The Supreme People’s Court (“SPC”) recently released its White Paper on Judicial Protection of IPR, 2015 (“中国法院知识产权司法保护状况(2015), “White Paper”), containing statistics on IP litigation in China. Significantly, the statistics also contain the first conclusive data on the operation of the specialized IP Courts in Beijing, Shanghai and Guangzhou, over a year after they started accepting

US: Federal Circuit denies venue transfer in TC Heartland

In follow up to our earlier post the Court of Appeals for the Federal Circuit has denied TC Heartland LLC’s (“TC”) petition for a writ of mandamus to direct the U.S. District Court for the District of Delaware to either dismiss or transfer the patent infringement suit filed against it by Kraft Foods Group Brands LLC

US: Getting to the heart of proper venue in the TC Heartland case

The Federal Circuit’s pending decision in Kraft Foods, LLC v. TC Heartland, LLC regarding the determination of proper venue in patent litigation cases follows a year in which nearly half of all patent cases were filed in the notoriously plaintiff-popular, Eastern District of Texas. According to a 2015 Lex Machina report, the District of Delaware

UK: Hogan Lovells’ annual London Patent Conference links with Silicon Valley

Hogan Lovells’ IP team will hold its annual Patents Conference, on 4 November 2015. This year’s event will feature a panel discussion via live video link to our team in the U.S. at Hogan Lovells’ Law in the Global Marketplace Symposium, taking place at Santa Clara University, Silicon Valley. The discussion will cover recent developments