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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 2019 and 2020, important trends and strategies that can be made to work for you. An experienced faculty will cover developments in district court litigation, appellate practice, Inter Partes Review before the PTO, IP transactions and ethics considerations.
With respect to small molecule and biologic patents, you will learn about four recent decisions that are reshaping enablement and written description law for functionally defined genus claims that are becoming ever more popular, how this can play out at trial and on appeal, and where the courts may be heading in the future with these types of claims. Explore recent case law applying the doctrine of equivalents including the “disclosure-dedication rule,” and understand the reasons behind the doctrine’s renaissance fueled by the Federal Circuit’s reinvigoration of this infringement theory. The program will also consider developments affecting the growing field of patented biologic and biosimilar products including reviewing the statutory scheme, the latest FDA guidances and new case law. Inter Partes reviews also continues to be an area of rapid change. Learn strategies for filing multiple petitions and issues relating to parallel proceedings, facing the challenge of demonstrating a reference is in fact prior art and handling secondary considerations.
IP due diligence in life science transactions not only requires a deep understanding of the underlying technology and business goals, but also a strong working knowledge of key legal principles. Some of these legal principles are obscure, yet they can affect the IP due diligence analysis in unexpected and significant ways. Additional legal principles arise in the context of the overlying FDA regulatory framework and are likewise critical. Learn about all this while sharpening your ability handle life sciences-related IP transactions.
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
- How recent cases have shaped enablement, written description, doctrine of equivalents and BPCIA law
- Strategies for dealing with functional genus claims, multiple inter partes review, litigating BPCIA cases
- Performing due diligence in IP transactions and ethical issues that can arise in drafting joint development agreements
- Strategic considerations for how best to position a section 112 patent case for trial and appeal
- In-depth discussion of current topics and trends in patent litigation
- Earn one hour of Ethics credit