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