IPCC-Spring 2019: Denver, CO
*As of April 4, 2019
All sessions will take place at the Le Meridien Denver Downtown Hotel, in the Grove Ballroom (2nd Floor), unless other noted.
Monday, April 8, 2019
12:00 pm - 4:30 pm
Introductory remarks by Molly Kocialski, Director of the Rocky Mountain Regional United States Patent and Trademark Office*
1:30 pm – 2:15 pm
It’s Not Over Till it’s Over: Defending Favorable AIA Trial Outcomes on Appeal
2:00 pm – 3:30 pm
Sponsored by: McDonnell Boehnen Hulbert & Berghoff LLP
Since the creation of post-grant review proceedings (post-grant review, inter partes review, and covered business methods review) in the America Invents Act in 2012 thousands of patents have met their fate before the Patent Trial and Appeal Board. Parties given an adverse decision can (usually) appeal, but the standards for appealing such decisions frequently stray far from patent law into the realm of administrative law. This is because the PTAB is an Article I court, whose actions (and review thereof) fall under the provisions of the Administrative Procedures Act. This panel will discuss the disconnects between substantive patent law grounds for PTAB decisions and bases for appeal under the APA, featuring patent practitioners, an administrative law expert, and a PTAB judge.
Kevin E. Noonan, Partner, McDonnell Boehnen Hulbert & Berghoff LLP
David Boundy, Partner, Cambridge Technology Law
James C. Gumina, Partner, McDonnell Boehnen Hulbert & Berghoff LLP
3:30 pm – 3:45 pm
Potential Pitfalls and Practice Pointers after Helsinn v. Teva
3:45 pm – 5:00 pm
Sponsored by: Cooley LLP
The 2019 Supreme Court case of Helsinn v. Teva ruled that the AIA patent law overhaul enacted in 2011 did not alter longstanding case law governing the on-sale (and public use) bars to patentability. Although the opinion was couched in terms of continuation of existing precedent, the decision has provoked renewed conversation across the industry over how to prepare contracts and other agreements to avoid creating on-sale bar problems. This panel discussion will provide a quick refresher of the most relevant example cases for our industry, and focus on best practices going forward to ensure collaborative product development does not harm patent rights.
Heather Boussios, Assistant General Counsel, Aptevo Therapeautics
Daniel Knauss, PhD, Partner, Cooley LLP
Hans Sauer, Deputy General Counsel and Vice President, Legal, Biotechnology Innovation Organization
Bonnie Weiss McLeod, PhD, Partner, Cooley LLP
3:45 pm – 5:00 pm
Welcome Reception at Crimson Room
5:30 pm – 7:30 pm
Sponsored by: Finnegan, Henderson, Farabow, Farrett & Dunner, LLP
Crimson Room Jazz Club and Lounge
1403 Larimer Street (.5 miles, 8 minute walk from Le Meridien Denver)
Join your colleagues for cocktails and light bites at Denver’s “best kept secret” lounge and bar – with a side of live jazz – as we kick off this spring’s event!
Walking group will depart from the Le Meridien main lobby at 5:20 pm
Tuesday, April 9, 2019
IPCC Business Meeting & Breakfast
*Open to IP Counsels Committee company members only
8:30 am – 10:15 am
Location: Grove Ballroom Section (3)
Breakfast Available for all IPCC Attendees
8:30 am – 10:30 am
Promoting the Progress of Science? Recent Developments in the Application of Section 101
10:30 am – 11:45 am
Sponsored by: WilmerHale
This panel will discuss the current landscape of patent subject matter eligibility under 35 U.S.C. 101 and new developments in this area, including revised guidelines recently announced by the USPTO, recent cases decided by the Federal Circuit (e.g., Athena v. Myriad, Roche v. Cepheid), and developments at the Supreme Court in the case of HP Inc. v. Berkheimer. The panelists will discuss the implications of these developments on prosecution and litigation, as well as prospects for reform through legislation, jurisprudence, or administrative efforts.
Christopher R. Noyes, Partner, WilmerHale
Amelia Feulner Baur PhD, Founding Partner, McNeill Baur PLLC
Paul Golian, Vice President & Assistant General Counsel, Bristol-Myers Squibb Company
Michael Lisi, Vice President, General Counsel, Roche Molecular Diagnostics
Lisa J. Pirozzolo, Partner and Co-Chair, WilmerHale
Networking Lunch Buffet
11:45 am – 1:00 pm
Arbitration: How to make it work in Biotech
1:00 pm – 2:15 pm
Sponsored by: Foley Hoag LLP
The panel will offer practical and strategic considerations for the use of arbitration in IP matters, from patent licensing to complex settlements of patent disputes. The members of the panel will also share winning strategies for adversarial proceedings in the U.S. and abroad. The discussion will include the perspectives of in-house counsel, outside counsel, and arbitrator.
Donald R. Ware, Partner, Foley Hoag LLP
Mark Jackson, Senior Director, Editas Medicine
Peter Ling, Attorney, L.L.M, Lenz & Staehelin
Conna A. Weiner, Arbitrator and Mediator, JAMS
2:15 pm – 2:30 pm
Secondary Liability: Enforcing method of treatment and medical use claims in the US and in Europe
2:30 pm – 3:45 pm
Sponsored by: df-mp Dörries Frank-Molnia & Pohlman
The panel will explore developments on inducement of infringement and contributory infringement and their impact on enforcing patents directed to methods of treatment and medical uses. Recent cases in the US and Europe, including issues relating to carving-out, will be discussed.
H. Ulrich Dörries, Co-Founder & Partner, df-mp Dörries Frank-Molnia & Pohlman
Howard Levine, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Sandra Pohlman, Co-Founder & Partner, df-mp Dörries Frank-Molnia & Pohlman
Networking & Drinks Event (at Le Meridien)
3:45 pm – 5:00 pm
Activity and Dinner Reception at Great Divide Brewing Company
5:30 pm – 8:00 pm
Dinner Sponsored by: Venable | Fitzpatrick
Great Divide Brewing Company Barrel Bar and Packaging Facility
3403 Brighton Blvd (5 miles, 10 minute drive from Le Meridien Denver)
What is Denver without great Craft Beer? Come experience Great Divide’s local offerings inside its packaging facility bottling hall – and take in a private tour of the brewery’s operations or a game of ping pong! – before dinner on the facility floor.
Transportation will be provided and will depart from the Le Meridien at 5:15 pm. Return shuttles will depart Great Divide at 7:45 and 8:00 pm.
Wednesday, April 10, 2019
8:00 am – 8:30 am
Biosimilars: Where are we now and where are we going?
8:30 am – 9:45 am
Sponsored by: Seed Intellectual Property Law Group LLP
This panel will discuss the evolving landscape of US and EP biosimilar approvals and patent considerations. We will also discuss biosimilar patent prosecution and litigation strategies, as well as risk assessment and management for developing biosimilars
Chandra Eidt, Partner, Seed Intellectual Property Law Group LLP
Jeff Pepe, Partner, Seed Intellectual Property Law Group LLP
Michael W. Johnson, Partner, Willkie Farr & Gallagher LLP
Gonzalo Merino, Ph.D., J.D., Vice President, Chief Intellectual Property Counsel, Regeneron Pharmaceuticals, Inc.
Dr. Leonard L. Werner-Jones, Partner, European Patent Attorney, Hoffmann Eitle
9:45 am – 10:00 am
Life Sciences at the ITC
10:00 am – 11:15 am
Sponsored by: Morrison & Foerster LLP
This panel will discuss topics and trends relating to ITC investigations involving life sciences companies, with a focus on cases involving pharmaceuticals or biologics compared with those involving medical devices.
Mark Whitaker, Partner, Morrison & Foerster
Margaret Macdonald, Director, OUII
Li Westerlund, Vice President of Global Intellectual Property, Bavarian Nordic Group
Commissioner Irving A. Williamson, U.S. International Trade Commission