Intellectual Property Counsels Committee Program
Last updated 10/3/2023
Monday, November 13
Education Session 1 | 3:30 PM - 4:45 PM
Patent Implications of the Inflation Reduction Act
Sponsored By: Choate Hall & Stewart LLP
The Inflation Reduction Act (IRA) does not address patents, but its drug pricing provisions are likely to prompt major changes in how patents work in the pharmaceutical industry. This panel will discuss how the IRA may impact IPCC, updates to current IRA-related litigation, and potential impacts in patent litigation strategies.
Speakers:
- Anita Spieth, Co-Chair, IP Litigation, Choate
- Eric Marandett, Co-Chair, IP Litigation, Choate
Tuesday, November 14
Education Session 2 | 9:00 AM - 10:15 AM
Impact of AI on IP: Guardian or Terminator?
Sponsored By: McDonnell Boehnen Hulbert & Berghoff LLP
The impact of Artificial Intelligence is being felt across all of society and in numerous sectors, and Intellectual Property has been no exception. This session will examine the evolving impact of AI on the invention creation process, inventorship, and patent procurement and enforcement. The session will also examine how courts and patent offices are dealing with the intersection of AI and IP.
Speakers:
- Brian Cocca, Executive Director, Assistant General Counsel, Patents, Regeneron Pharmaceuticals Inc.
Education Session 3 | 10:30 AM - 11:45 AM
From Gilead to Cellect: A Comprehensive Analysis of Key Developments in ODP and Implications for PTA and PTE
Sponsored by: Fenwick & West LLP
Join us for an in-depth discussion on the recent In re Cellect decision and the implications for Obviousness-type Double Patenting (ODP) on Patent Term Adjustment (PTA) and Patent Term Extensions (PTE). We’ll begin with an insightful overview of the origins and evolution of ODP, highlighting the doctrine’s relationship with PTA and PTE in key cases like Gilead v. Natco and Novartis v. Breckenridge followed by a look at recent case settlements involving double-patenting leading up to the Cellect decision. Finally, we’ll offer guidance on what the ruling means for patent portfolio strategy, prosecution, and litigation moving forward.
Moderator:
- Ryan Johnson, Partner, Litigation, Fenwick
Speakers:
- Carl Morales, Partner, Intellectual Property, Fenwick
Education Session 4 | 1:00 PM - 2:15PM
IP Transactions: Peering Through the Looking-Glass Without Falling Down a Rabbit Hole
Sponsored by: Foley Hoag LLP
This panel will include an interactive discussion among attorneys who have litigated issues arising from IP transactions and in-house IP counsel involved in transactions and will focus on practical tips for balancing litigation risk while getting the deal done. Topics will include case law updates on the scope of the attorney-client privilege, including the common interest privilege, in the context of deals; how to ensure you have standing to enforce the patent rights you licensed or acquired; what to consider in negotiating indemnification and venue selection clauses; and how to mitigate the contamination and disclosures risks to your IP when sharing confidential information during negotiations.
Speakers:
- TBA
Education Session 5 | 2:30 PM - 3:45 PM
When On-Time is Late: Expediting US and Foreign Issuance
Sponsored by: McNeill Bauer PLLC
Panel will lead a discussion about why, when, and how to expedite US and foreign patent coverage, including PTA and PTE considerations.
Moderator:
- Amelia Feulner, Founding Partner, McNeill Bauer PLLC
Speakers:
- Deb Herzfeld, Partner, McNeill Bauer, PLLC
- Eyal Barash, Founder, Barash Law LLC
Wednesday, November 15
Education Session 6 | 8:30 AM - 9:45 AM
Biosimilars Update
Sponsored by: Akin Gump Strauss Hauer & Feld LLP
Speakers:
- TBA
Education Session 7 | 10:00AM - 11:15AM
The UPC in Action: What Can we Learn From the First Life Science Cases?
Sponsored by: Dörries Frank-Molnia & Pohlman Patentanwälte Rechtsanwälte PartG mbB
The Unified Patent Court (UPC) opened its doors for business on June 1, 2023. While many key life science patents have been opted out of the UPC’s jurisdiction, a couple of biotech cases are leading the way in testing this new European litigation forum. The panel will explore what can be learned from these first cases at the UPC, sharing hands-on experiences.
Speakers:
- TBA
