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Why You Should Attend
Patent law is an ever-changing battlefield. The Federal Circuit and the U.S. Patent and Trademark Office (PTO) are continually reshaping it every year. This program will teach you about some of the key developments from 2020 and 2021, important trends and strategies that can be made to work for you. An experienced faculty will cover developments in district court litigation, appellate practice, the USPTO and ethics considerations.
The program will cover timely issues relating to the patenting of antibody drug products that have been the subject of recent significant litigation. In addition, recent developments in Hatch-Waxman litigation in which branded pharmaceutical companies face challenges to exclusivity for their products from generic drug companies will be addressed.
Companies developing pharmaceutical and biologic drug products must navigate through the patent rights of other companies that may interfere with their “freedom to operate” and often seek the advice of patent counsel. A finding in patent infringement litigation that a defendant willfully infringed a patent could result in a treble damages award. Discussions will cover the advice of counsel defense to willful infringement following the Supreme Court’s Halo decision and provide both an outside counsel and in-house counsel perspective on patent clearance procedures and obtaining opinions of counsel,
The program will also cover recent developments in the doctrine of patent eligibility that has been the subject of much recent litigation involving life sciences patents, including both at the district court and Federal Circuit levels, as well as the use of expert testimony in patent litigation. Because expert testimony may be determinative, courts following the Supreme Court’s Daubert decision have developed safeguards to guard against the admission of unreliable expert opinions or expert opinions premised on unreliable scientific principles. Attendees will learn about the standards and procedures used in deciding challenges to the admissibility of expert testimony in patent cases.
Lastly, learn about important ethical considerations when representing clients before the PTO, when preparing joint development agreements and in litigation while earning CLE ethics credits.
What You Will Learn
- Understand the standards for the patentability of antibody claims as developed by the courts
- Discover the most recent developments in generic patent challenges to branded drugs
- Find out best practices for patent clearance for pharmaceutical and biologic drug products and relying on advice of counsel as a defense to willful infringement
- Learn how to navigate the complex issues surrounding patent eligibility for life sciences patents
- Recognize the challenges to the admissibility of expert testimony in life sciences patent cases
- Earn one hour of Ethics credit
Who Should Attend
Attorneys who will find this program helpful include: in-house attorneys who want to understand the latest developments in biotech and pharmaceutical patent law including changes in the substantive law, future trends and strategic considerations; and, litigators who need to understand how to best make use of developing law relating to therapeutic antibodies, generic challenges to branded drug products, patent clearance best practices and strategies, patent eligibility for life sciences patents, and strategic considerations relating to challenges to the admissibility of expert testimony in life sciences patent litigation.