*Program as of September 18, 2018. Subject to change.
7:30 am – 2:00 pm
7:45 am – 8:15 am
8:15 am – 9:30 am
Session 1: IP Protection for Diagnostics– Is There Anything Left to Patent?
Sponsored by: Schwegman Lundberg & Woessner
The panel will review the recent case law applicable to patent claims to diagnostic tests, methods of medical treatment and the reagents used to carry out the tests and methods. The recent Federal Circuit decisions have found that simple diagnostic tests based on natural correlations fail to meet the Mayo/Alice test for patent eligibility, while tests using more complex methodologies may comprise the necessary “inventive step” of the test. At the same time, the Federal Circuit has apparently endorsed the patent-eligibiliity of diagnostic tests that include treatment steps. Both the Federal Circuit, the PTAB and the lower courts continue to struggle to fashion a workable test for resolving the question of whether or not a compound or a composition is a “natural product.”
Moderator: Warren Woessner, Schwegman Lundberg & Woessner
- Melissa Brand, Associate Counsel and Director of Intellectual Property Policy, Biotechnology Innovation Organization (BIO)
- Matthew Gordon, Senior Director of Legal Affairs, Myriad Genetics, Inc.
9:30 am – 10:45 am
Session 2: Maximizing Patent Protection for Diagnostic Claims
Sponsored by: McDonnell Boehnen Hulbert & Berghoff LLP
This panel will discuss how best to maximize patent protection for diagnostic claims under the current regime and in view of recent guidance from the U.S. Patent and Trademark Office and implementation of recent Federal Circuit case law.
Moderator: Kevin Noonan, Partner, McDonnell Boehnen Hulbert & Berghoff LLP
- Brian Cocca, Ph.D., Director, Patent Attorney, Regeneron Pharmaceuticals, Inc.
- June Cohan, Legal Advisor Office of Patent Legal Administration, U.S. Patent and Trademark Office
- John Peterson, Associate General Counsel, Sequenom (a LabCorp subsidiary)
- Andrew Torrance, Earl B. Shurtz Research Professor, University of Kansas, University of Kansas School of Law
10:45 am - 11:00 am
11:00 am – 12:15 pm
Session 3: Eligibility under the EPC and Beyond
Sponsored by: European Patent Office
This presentation will review exceptions and exclusions to patentability in Europe with a closer look at diagnostic claims followed by a discussion with a European patent attorney on potential claim drafting and filing strategies.
- Sönke Holtorf, Director HBC | Directorate 22.214.171.124, European Patent Office
- Dr Antony Latham, Associate, Patent Attorney, D Young & Co LLP
12:15 pm – 2:00 pm
Lunch Keynote: Moving the 101 Ball Forward: Keynote Address by Professor Kristen Osenga, University of Richmond School of Law
Professor Osenga will address the future of statutory subject matter and, in particular, will discuss how we think about 101 in terms of the players, the fields, and the moves that we could use to result in a winning outcome for patent eligibility and innovation.
2:00 pm - 2:15 pm