IP/IT TEAM OF THE YEAR 2018

Hogan LovellsWINNER

n what was a first for UK courts dealing with patent issues crossing the borders of France, Italy, Spain and the UK, Hogan Lovells overturned decisions in lower courts to secure a successful Supreme Court decision for pharmaceutical client Lilly in one of last year’s landmark patent cases.

“This was a highly complex case. Hogan Lovells had the courage to take it to the Supreme Court, following adverse judgments in the High Court and Court of Appeal,” says one judge. “Their clients were fully successful in the Supreme Court in a landmark judgment in the field.”

The firm was hired in 2012 as Lilly faced a slew of claims for declarations of non-infringement (DNIs) from pharmaceutical rival Actavis.

Actavis sought to launch a copy of Lilly’s lung cancer drug Pemetrexed as its patent neared expiration, targeting DNIs across the four countries.

After unsuccessful hearings in the High Court and Court of Appeal, the firm finally advised its client to a winning judgment in the Supreme Court. Importantly, the case re-set the UK’s approach to the law where infringement on copyright was concerned by applying foreign law to its own decisions.

As one judge comments: “An impressive year from one of the biggest players. Landmark Supreme Court rulings always look good on the submission and are difficult to beat. The depth or preparation ahead of trail suggests that Hogan Lovells really had considered every angle here.”

Highly commended: Pinsent Masons

Pinsent Masons was highly commended for its continued advice of Starship Technologies, a company developing small, self-driving robots. One judge says: “This application shows strength both from a legal basis (and highly technical at that), but also from a political and strategic basis. Cutting edge area of law with real value add for the client.”

Commended: Powell Gilbert

A successful patent defence for genetic research client Illumina saw one judge describe this case as: “One for the boffins! Given the size of the firm and the incredibly technical areas in which they operate it is very impressive to see them listed as the most active UK firm in the Patent Courts.“