Realities and Illusions of Patent Strength: Analyzing Legal Developments Impacting IP Validity

November 29, 2018 8:45am

Paul Alloway
Vice President & Head of Legal
Foghorn Therapeutics (Cambridge, MA)

Donna Meuth
Associate General Counsel – Intellectual Property
Eisai Inc. (Andover, MA)

Melanie R. Rupert
Partner, Life Sciences IP Litigation Global Co-Chair, Talent Development
Paul Hastings (New York, NY)

In the past year, there have been numerous changes — lawmaking, regulations, and court decisions — influencing the life sciences industry. This panel will explore how these changes will impact the strategies and decisions made during the IP due diligence process.  
  • Diving into patent eligibility for method of treatment claims in light of Vanda Pharmaceuticals
  • Analyzing on-sale bar concerns in light of the Supreme Court’s grant of certiorari in Helsinn
  • Deciphering evolving standards for demonstrating divided and induced infringement
  • Asserting and defending against post-grant proceedings
    • Analysis and impact SAS Institute and related jurisprudence
    • Balancing conflicting burdens of proof between district courts and the PTAB
  • Evaluating exclusivities and their effects on patent term
  • Exploring the status of sovereign entities and IP challenges
  • Revisiting inequitable conduct and unclean hands: Therasense, Gilead v. Merck, purge, and supplemental examination