Innovation-based collaboration agreements: key IP considerations – an HSF video podcast for Practical Law

Collaborations for innovation are often established relatively quickly in pursuit of a commercial advantage. In this video recorded for Practical Law, Jonathan Turnbull and Rachel Montagnon share advice on managing such arrangements to maximise the likelihood of a successful outcome for all parties and in particular establishing the ownership, management and use of the IP involved. Read more

HSF shares insights on what US lawyers should be considering ahead of the UPC’s start date for Bloomberg Law

The new European Unified Patent Court (UPC) has been a long time coming – and now just a little bit longer with the two month delay recently announced. The new start date is 1 June 2023 with the sunrise period in which to pre-register opt-outs of European patents from the UPC's jurisdiction now starting on 1 March 2023. Despite the short delay, businesses around the world must continue to consider their strategies for the UPC and, in particular, opt-out, ahead of the revised start date. Herbert Smith Freehills' Joint Global Head of Intellectual Property, Laura Orlando, recently spoke to Bloomberg Law to share her insights on what US lawyers should be considering in advance of its launch. Read more

Sanction imposed by the Spanish competition authority for misusing litigation strategies regarding patents

On 21 October 2022, the Spanish National Markets and Competition Commission (CNMC) imposed a €38.9 million fine on pharmaceutical company Merck Sharp and Dohme (MSD) for abusing its dominant position in the Spanish market for contraceptive vaginal rings. In particular, the CNMC concluded that MSD conducted a litigation strategy against Insud Pharma, a competing company, … Read more

Update on the Teva Copaxone EU case. The EU Commission issues a Statement of Objections against Teva over alleged anti-competitive conduct consisting of misuse of divisional patents and a disparagement campaign against its closest competitor

On 10 October 2022, the European Commission (“EU Commission“) formally adopted a Statement of Objections (“SO“) against Teva over an alleged abuse of dominance concerning its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. As we reported in March 2021, the EU Commission was investigating for the first time a company … Read more

The UPC Rules of Procedure are now in force

The UPC Committee has issued a consolidated version of the UPC Rules of Procedure following the approval of final changes to the 18th draft in July. These Rules are now in force as of 1 September 2022. For details of the final changes made to the Rules before their implementation, see our blog post here. … Read more

UPC Rules of Procedure – final version approved

The UPC Rules of Procedure (the Rules) have been approved. Amendments to the previous (18th) draft (from 2017) have been released by the UPC Administrative Committee, in tracked changes form, with a full consolidated version promised to be “published in English, French and German during the course of the summer, before the Rules’ entry into … Read more