Implications for Product Launch and Market Exclusivity: Decoding In Re Cellect, USPTO Guidance on Patent Term Adjustments and OTDP
James T. Evans, Ph.D.
Senior Director, Assistant General Counsel, Dispute Resolution
Regeneron Pharmaceuticals
Matthew A. Pearson
Partner
Akin Gump Strauss Hauer & Feld LLP
Mark A. Perry
Partner | Co-Head Appeals & Strategic Counselling
Weil, Gotshal & Mangers LLP
John Christopher Rozendaal
Partner | Director | Chair of Trial & Appellate Practice Group
Sterne Kessler Goldstein & Fox LLP
Alicia A. Russo
Partner
Venable LLP
- Understanding how product launches are influenced by PTE and OTDP
- Unpacking the In Re Cellect federal circuit arguments and decision
- Reading the tea leaves on what this case will mean for the future of patent term adjustment strategy
- Appreciating the interplay between obviousness type double patenting and In re Cellect
- Emphasizing strategies in drafting claims for first filed and subsequent continuation applications to avoid OTDP concerns
- Maintaining safe harbor of a divisional all the way through versus filing all at once and re-dividing down the line?
- Unpacking the USPTO’s Guidance on obviousness rejections
- Updating patent adjustment forecasts to biologic or biosimilar launch timelines