Agenda

Workshop Faculty:

Scott Klug, Public Affairs Director, Foley & Lardner LLP

Carol Stratford, PhD, Counsel, KaloBios Pharmaceuticals, Inc.

Julie Chase, Chief Executive Officer, Chase Communications

 

 

Mark P. Walters, Partner, Frommer Lawrence & Haug LLP

Paul Wolfson, Partner, WilmerHale

Mark Chapman, Partner, Carpmaels & Ransford

Sponsored by: Fenwick & West LLP

 

The U.S. Supreme Court recently refused to review the Federal Circuit’s decision in Classen v. Biogen IDEC excluding post-approval regulatory activity from the safe harbor established by 35 U.S.C. § 271(e)(1).  This panel will discuss the scope of the § 271(e)(1) safe harbor in light of the Supreme Court’s denial of certioriari, as well as the Federal Circuit’s subsequent decision in Momenta v. Amphastar limiting the reach of Classen.

 

Session 3

The Method Patent Rollercoaster  

1:30 pm – 2:45 pm

Sponsored by: Foley Hoag LLP

 

The decisions in In re Seagate, Global Tech, and C.R. Bard have created new standards and procedures -- with inherent risks and potential rewards -- to justify reliance on freedom-to-operate opinions at trial. This panel will address best practices for obtaining and relying upon opinions of counsel from the perspectives of a trial lawyer, in-house patent counsel, and a jury consultant.

 

Moderator: Barbara Fiacco, Partner, Foley Hoag LLP

 

Panelist:

Dan Gallipeau, PhD, President, Dispute Dynamics, Inc.

William R. Majarian, Vice President, Global Patents, GlaxoSmithKline

*Prior RSVP is required.

Join us at the Reuben H. Fleet Science Center for an interactive, one-of-a-kind evening reception. Located just 2 miles from the conference hotel, in Balboa Park, the R.H. Fleet Science Center offers a unique experience to its guests. Visitors can interact with science exhibits from the sand pendulum to vibrating guitar strings.

Sponsored by: Alston & Bird LLP

 

As the AIA has empowered the PTO with conducting new procedures, so the PTO has itself been subject to increasing scrutiny for acting outside its statutory authority.  This panel will discuss real-life experience with the new PTO post grant procedures since their implementation.  The panel will also consider the case of Excela Pharma v. Kappos, in which the PTO’s authority is under attack.  This case challenges the PTO’s authority to revive unintentionally abandoned applications.  The Federal Circuit rejected such a challenge five years ago in patent infringement litigation.  But the new challenge is brought via the APA against the PTO Commissioner, and once again places the validity of thousands of patents in question.

 

Moderator: Romy Celli, Partner, Alston & Bird LLP

 

Panelist:

Joe Liebeschuetz, PhD, Partner, Alston & Bird LLP

Nancy Linck, Of Counsel, Rothwell, Figg, Ernst & Manbeck

 

 

Sponsored by: Alston & Bird LLP

 

This panel will provide an update on recent patent cases including how the lower courts have dealt with guidance from the Supreme Court and Federal Circuit. Particularly, the panel will focus on cases dealing with claim construction, inequitable conduct, obviousness, and patentability, and provide perspectives from in-house and outside counsel.