Open Innovation: Getting the IP right in collaborations

In our recent report on our clients’ perspectives on managing innovation in their organisations “Open Innovation: Collaborate To Innovate” we shared our insights into the world of open collaboration assisted by contributions from a wide range of our clients. As part of our analysis we highlighted the main legal considerations that arise in restructuring a collaboration arrangement. In our first publication following on from the report – Getting the IP right in collaborations – we take a more detailed look at some of the principal intellectual property issues and set out practical steps to consider when embarking on collaboration projects. Read more

CJEU refuses UK High Court’s request for preliminary ruling on SPC applications based on third-party MAs, on account of referred question being “hypothetical” (C-239/19 Eli Lilly v Genentech)

On 5 September 2019, the Ninth Chamber of the CJEU refused a request for referral in relation to the interpretation of Article 3(b) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products ('SPC Regulation'). Read more

Open Innovation: Collaborate to Innovate

Innovation that happens in an "open" collaborative context – either internally or with external partners - can provide faster, better, more holistic results to accelerate innovation and improve competitive advantage, concludes our new report: Open Innovation: Collaborate to Innovate based on "innovation" interviews with our clients.  Read more

Challenges for the Consumer sector – Transformative Technology

HSF's Consumer sector team (including Joel Smith, Victoria Horsey, Sarah Burke and Rachel Montagnon, from our IP group) have just a feature article published in June's PLC Magazine on Challenges in the Consumer Sector.This is the first in a series of three articles examining the current issues facing the sector.The article examines the impact of transformative technology and looks in particular at AI, AR & VR (including IP aspects), data commercialisation, Internet of Things, contextual commerce, data privacy, cyber security, targeted advertising, and on-line infringement of IP rights.For more on these and other issues affecting the Consumer sector see our Future of Consumer hub. Read more

Patent and Pharma Update – April 2019

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on the recent UK Supreme Court decision in the tadalafil case, which foreshadows how English courts will probably respond to issues of obviousness arising from patents directed to dosage regimes going forward. We discuss the Court of Appeal’s … Read more

The Court of Justice of the European Union holds that Supplementary Protection Certificates cannot be obtained for new formulations of previously approved active ingredients in Abraxis (Case C-443/17)

In Abraxis Bioscience LLC v the Comptroller General of Patents (Case C-443/17) the Court of Justice of the European Union (“CJEU”) held that Supplementary Protection Certificates (“SPCs”) cannot be obtained for new formulations of previously approved active ingredients. This limitation on the availability of SPCs will be disappointing to the pharmaceutical industry, which continues to … Read more

Preparations for the UPC continue despite an “unpredictable environment”

The UPC Preparatory Committee has issued a “Status of the Unified Patent Court Project” statement and review of 2018, confirming that there are now 16 states which have ratified the UPC, and that German ratification is still awaited (dependent on the outcome of the complaint pending before the Constitutional Court in Germany) before the project can … Read more