Our fourth annual Global Intellectual Property Outlook reflects on some of the biggest developments from 2019, and provides valuable insights on upcoming changes in 2020. From key decisions and the latest case law, to how emerging technology, policy and trade will impact your IP portfolio and strategy. The start to 2020 has been an unprecedented time for us all. As citizens, businesses, governments and regulators adjust to the new challenges presented by the global spread of COVID-19, and social distancing and remote working become the new norm, there is no
On 30 July, the Court of Appeal of The Hague ruled on the formal entitlement to priority following from a US provisional patent application (judgment in Dutch here). The attack on priority in this case is part of a recent trend by parties in patent litigation which aims to challenge entitlement to invoke priority under the Paris Convention and the European Patent Convention. Background Biogen Inc., F. Hoffmann-La Roche AG and Genentech Inc. jointly own a European Patent (“EP“) which invokes the priority of a US provisional patent application (“P1“).
China is a market that represents a paradox for many telecoms, media and technology (“TMT“) companies. On the one hand it offers the promise of almost unlimited growth potential if you get the product right, but on the other it presents huge challenges from the regulatory and compliance perspective in terms of establishing a foothold in the market. The challenges include market access restrictions, data localization requirements, to name but a few. The market access and intellectual property protection issues in particular have been the focal point of the ongoing
Jason Lohr (San Francisco) held the first in a series of internal webinars on the basics and legal implications of artificial intelligence (AI) and machine learning, highlighting their relevance to IPMT. AI touches nearly every industry and is used to solve complex problems, spot and minimize risks, improve decision-making, and develop new products. Key issues and tips for navigating this complex area were covered, including: The current state of AI and key concepts: As AI is still relatively new, the best way to develop a better understanding is to become familiar with
The FRAND patent litigation case between Conversant Wireless Licensing SARL and LG Electronics Inc. and LG Electronics France offers a first and exemplary illustration of an extensive use of the procedural arrangements provided by the French Law of July 30, 2018 regarding the protection of trade secrets. The Paris Court of Appeal recently handed down the first decision on the merits implementing the new provisions transposing the European Union Directive. Besides defining the trade secret and infringement sanctions, the French Law July 30, 2018 aims at efficiently protecting secrecy in
On 4 April 2019 Hogan Lovells hosted this event, in which Tom Mitcheson QC and Mark Chacksfield QC (who acted against each other) gave their views on the Supreme Court’s decision on inventive step in a case related to the drug tadalafil (Cialis), a PDE5 inhibitor for erectile dysfunction. Here is a potted history of the case: Claim 10 of the Lilly/ICOS Patent read: “Use of a unit dose containing 1 to 5mg of a compound having the structure [of tadalafil] for the manufacture of a medicament for administration up
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” – Proppant Express Investments, LLC v. Oren Technologies, LLC (13 March 2019) PTAB Establishes New Precedent and Pilot Program for Motions to Amend – Lectrosonics, Inc. v. Zaxcom, Inc. (25 February 2019, Designated Precedential 7 March
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 will include a reception before and after, with refreshments and light bites. The event is a wonderful opportunity to network and learn more about blockchain and its potential applications. We hope you can join us!