Examining the Role of the ITC in Biotech Litigation: Investigations, IP Infringement and Trade Secrets

June 28, 2022 3:15pm

Tasha Francis Gerasimow
Kirkland & Ellis LLP

Elizabeth S. Weiswasser
Weil, Gotshal & Manges LLP

Irena Royzman
Kramer Levin Neftalis & Frankel LLP

While investigations relating to IP infringement allegations at the ITC have been increasing, years, the ITC remains a relatively uncommon forum for cases involving pharmaceutical and biotech products. In March of 2021, AbbVie filed a trade secret complaint against Alvotech, followed by similar allegations asserted in an additional ITC action in December of 2021. The complaint alleges misappropriation of trade secrets and tortious interference with contractual relations. In this session, our panelists will consider:

  • Reviewing recent cases with trade secret allegations
  • Anticipating when reference product sponsors may seek to bring these claims
  • Protecting against misappropriation claims
    • Developing robust policies against the use of another party’s confidential information
  • Ensuring compliance with strong internal policies