To Dance or Not to Dance? Updated Venue Selection Matrices for a Maturing Biosimilar Industry

June 21, 2024 3:00pm

Steven D. Maslowski
Partner | IP Practice Group Leader
Akin Gump Strauss Hauer & Feld LLP

Peter Sandel
Partner
Groombridge, Wu, Baughman & Stone LLP

  • Comparing the different standards of proof in BPCIA, the PTAB, and district courts
  • Considering the possibility of multi district litigation
  • Reviewing preliminary injunctions and the concept of irreparable harm
    • Understanding how irrepealable harm is being quantified, and how it plays out in multiple markets, patents, and patent families
  • Overcoming the hurdles created by the sealing process in district courts
  • Learning the newest strategies relating to assessing scope:
    • E.g., whether to sue everything or whittle down the patents?