Agenda

  • Recommend
  • Tweet
  • Print
  • Email
2014 BIO IPCC-SPRING CONFERENCE PROGRAM AGENDA
(subject to change)
 

Wednesday, April 23, 2014

Registration                                                                                                             
11:30 am – 3:30 pm
Omni Rancho Las Palmas Resort & Spa– Rancho Las Palmas Ballroom Foyer
41-100 Bob Hope Drive, Rancho Mirage, CA  92270
 
Please pick up your conference badge and materials in The Omni Rancho Las Palmas Resort & Spa's Ballroom Foyer.  If you are unable to pick up your materials during this time, registration will reopen on Thursday, April 24th at 7:30 am.
 
 
IP Counsels Committee Business Meeting & Working Luncheon                                           
12:00 pm – 3:15 pm
Omni Rancho Las Palmas Resort & Spa - Salon F
41-100 Bob Hope Drive, Rancho Mirage, CA  92270
 
*Open to IP Counsels Committee company members and their representatives only.
Copies of the Committee Business Meeting Agenda will be provided onsite.
 
 
Pre-Conference Workshop:
Facing the Future of Biotech Patenting: How to Satisfy the Supreme Court and Have Valuable Claims, Too 
3:30 pm – 4:30 pm
Omni Rancho Las Palmas Resort & Spa– Salon F
Sponsored by: McDonnell Boehnen Hulbert & Berghoff LLP
 
Moderator: Don Zuhn, PhD, Partner, McDonnell Boehnen Hulbert & Berghoff LLP
 
Panelists:
Kevin Noonan, PhD, Partner, McDonnell Boehnen Hulbert & Berghoff LLP
David C. Hoffman, PhD, Senior Corporate Counsel, IP & Transactions, Genomic Health
Laurie Hill, PhD, Vice President & Deputy General Counsel, MedImmune
June Cohan, Legal Advisor, U.S. Patent & Trademark Office
 
The panel will discuss the effects of the Supreme Court’s Mayo and Myriad decisions, in view of PTO Guidances and practitioners’ experience in prosecution.  The panel will also discuss recent court cases including Myriad’s various litigations, declaratory judgment actions against Myriad, and the Ariosa v. Sequenom case before the Federal Circuit.  Finally, the panel will pose several hypotheticals involving claims to genetic diagnostic methods, nucleic acids and other natural products.
 

Welcome Reception at Bellatrix Restaurant 
Library & Terrace
5:30 pm – 7:30 pm
75-200 Classic Club Blvd
Palm Desert, CA  92211
*Prior RSVP is required.
Sponsored by: Brinks Gilson & Lione
 
Please meet in the hotel's front lobby at 5:10 pm to board a shuttle bus to the Welcome Reception. This informal networking event will be held at the Bellatrix Restaurant at Classic Club from 5:30 pm - 7:30 pm. The patio, pictured here, will provide an amazing view of the golf course & mountains at sunset. Enjoy the fresh air and stunning view at a golf course designed by Arnold Palmer where the 2006-2008 Bob Hope Chrysler Classics were held.
 
 
   

Thursday, April 24, 2014

 
Chairman’s Welcome & Breakfast:
Breakfast with Judge Gajarsa
7:30 am – 8:30 am
Omni Rancho Las Palmas Resort & Spa– Salon F
Sponsored by: WilmerHale
 
Moderators:
David Manspeizer, Partner, WilmerHale
Christopher Noyes, Partner, WilmerHale
 
Keynote Speaker: Arthur J. Gajarsa, Senior Counsel, WilmerHale, former judge for the U.S. Court of Appeals for the Federal Circuit
 
Join retired Federal Circuit Court of Appeals Judge Arthur J. Gajarsa for an interactive discussion as he provides an insider’s perspective on the role and function of the Federal Circuit, the Supreme Court’s increased willingness to take patent cases, and his views on the current cases and legal questions that could impact the biotechnology industry.
 
 
Session 1:
Patent Reform is Calling! Who's Answering: Congress or the Courts?
8:45 am – 10:00 am
Omni Rancho Las Palmas Resort & Spa– Salon F
Sponsored by: Fenwick & West
 
Moderator: Hans Sauer, PhD, Deputy General Counsel for IP, Biotechnology Industry Organization
 
Panelists:
Joe Matal, Associate Solicitor, U.S. Patent & Trademark Office
Charles Kinzig, Vice President, Global Patents, GlaxoSmithKline
Matt Levy, Patent Counsel, Communications & Computers Industry Association
 
Patent reform is on the move…again. Learn about the problems and different parties driving the current proposals for the reform as well as how this legislation may cause problems for biotech companies large and small.
 

Session 2:
Biosimilars and Declaratory Judgments: When Should the BPCIA Trump?
10:15 am – 11:45 am
Omni Rancho Las Palmas Resort & Spa– Salon F
Sponsored by: Fenwick & West
 
Moderator: Andrew Serafini, PhD, Partner, Fenwick & West
 
Panelists:
Ken Dow, Assistant General Counsel, Patents, Johnson & Johnson
Hugh Goodfellow, Partner, Carpmaels & Ransford LLP
James Hurst, Partner, Winston & Strawn LLP
 
Biosimilars have yet to enter the U.S. market under the BCPIA and many can only speculate how the litigation system will proceed.  Sandoz v. Amgen previews what litigation may be like in this space in the days to come. Come hear litigation counsels’ thoughts on the case and whether declaratory judgments can trump the BCPIA litigation process.
 
  
Working Lunch:
The Great Divide: Induced Infringement of Method/Process Claims- An Industry Divide on What's at Stake in Limelight v. Akamai
12:00 pm – 1:15 pm
Omni Rancho Las Palmas Resort & Spa– Salon F
Sponsored by: Robins, Kaplan, Miller & Ciresi L.L.P.
 
Moderator: Bryan Vogel, Partner, Robins, Kaplan, Miller & Ciresi L.L.P.
 
Speaker: Jiri Smetana, Patent Litigation Manager, Conversant Intellectual Property Management
 
The U.S. Supreme Court is set to rule on a long-running patent dispute in Limelight v. Akamai. At issue is the question of whether multiple entities can be found to be jointly infringing a single method/process patent claim. This session will discuss the potential ramifications of this decision, and focus on the divided opinions of different industries on an ideal outcome from the Court.
 
 
Session 3:
Section 112 - It's Baaack!
1:30 pm – 2:45 pm
Omni Rancho Las Palmas Resort & Spa– Salon F
Sponsored by: Foley Hoag LLP
 
Moderator: Donald R. Ware, Partner, Foley Hoag LLP
 
Panelists:
Lydia Nenow, Senior Counsel, IP Litigation, AbbVie
Hans Sauer, PhD, Deputy General Counsel for IP, Biotechnology Industry Organization
 
In January, the Supreme Court granted cert. in Nautilus, Inc. v. Biosig Instruments, Inc., in which the Federal Circuit upheld patent claims over an indefiniteness challenge.  This means, for the first time in this century, the Supreme Court will take up the test for patentability under Section 112.   This panel will consider the implications of the Supreme Court’s anticipated decision, as well as the latest developments in other areas of Section 112 law, for claim drafting and litigation of biotechnology patents.
 
 
Session 4:
Shedding Light on Claim Construction: Lighting Ballast and Trends in Managing Claim Construction
3:00 pm – 4:00 pm
Omni Rancho Las Palmas Resort & Spa– Salon F
Sponsored by: Foley Hoag LLP
 
Moderator: Barbara A. Fiacco, Partner, Foley Hoag LLP
 
Panelist:
The Hon. Richard G. Stearns, U.S. District Judge for the District of Massachusetts
 
The Lighting Ballast decision has reaffirmed that claim construction is a question of law, subject to de novo review, at least until the Supreme Court decides otherwise.  With the ongoing debate over the role of fact evidence, expert opinion, and legal interpretation in the background,  our panel will include the perspectives of district court judges on how to effectively brief and argue claim construction issues.  Topics to be addressed will include timing of claim construction procedures, case management tools, the use of court-appointed experts, the role of tutorials, the role of graphics and animation, and the tension between claim construction and indefiniteness arguments.
 
 
Activity & Dinner Reception at The Living Desert 
Palm Garden
5:30 pm – 9:30 pm
47-900 Portola Ave
Palm Desert, CA  92260
*Prior RSVP required
Sponsored by: Fitzpatrick, Cella, Harper & Scinto
 
Meet in the Omni Rancho Las Palmas Resort & Spa's lobby at 5:10 pm sharp to board a shuttle bus to this unique evening activity at The Living Desert, a remarkable zoo and botanical garden representing the desert environments of North America and Africa.  Experience a guided Safari Walking Tour of this one-of-a-kind venue before a cocktail reception and dinner in the Palm Garden area.
 
 

Friday, April 25, 2014

 
Keynote Breakfast
8:00 am – 9:15 am
Omni Rancho Las Palmas Resort & Spa– Salon F
Sponsored by: Alston & Bird LLP
 
Speaker: Robin Feldman, Professor of Law & Director of the Institute for Innovation Law, University of California Hastings College of the Law
 
 
Session 5:
The English Rule (Loser Pays): Will Biotech Get Burned?
9:30 am – 10:45 am
Omni Rancho Las Palmas Resort & Spa– Salon F
Sponsored by: Alston & Bird LLP
 
Moderator: Joe Liebeschuetz, PhD, Partner, Alston & Bird LLP
 
Panelists:
Jitty Malik, PhD, Partner, Alston & Bird LLP
Li Westerlund, Vice President of Global IP, Bavarian Nordic
Timothy Powell, Partner, Powell Gilbert
 
The English Rule or loser pays has been credited with sparing the United Kingdom and other major jurisdictions with much of the so-called patent troll litigation blamed with debilitating the electronic and software industries in the United States. Moves are afoot in the legislature and courts to introduce something similar in the U.S. This panel will review these developments and assess the implications for the biotech industry.
 
 
Session 6:
Case Law Updates
11:00 am – 12:15 pm
Omni Rancho Las Palmas Resort & Spa– Salon F
Sponsored by: Alston & Bird LLP
 
Moderator: Romy Celli, Partner, Alston & Bird LLP
 
Panelists:
Matthew Howell, Senior Associate, Alston & Bird LLP
Judy Jarecki-Black, PhD, Global Head of Intellectual Property, Merial Limited
 
Our panel will provide an update on recent patent cases, including early lessons learned from Inter Partes Review (IPR) decisions and the impact of the Supreme Court's Myriad decision.  Particularly, the panel will focus on IPR strategies and cases dealing with patentability, and provide perspectives from in-house and outside counsel.
 
 
12:15 pm: Adjournment