Exploring the Regulatory Aspect of IP Due Diligence: Examining the Implications of Recent Developments at the FDA on IP Due Diligence
Kurt R. Karst
Director
Hyman, Phelps & McNamara, P.C
Michael K. Stern
Of Counsel
Covington & Burling LLP
Brian Stone
Associate General Counsel, Global Legal-Regulatory
Viatris
Topics of discussion will include:
- Creating and valuing exclusivity and patent term extension forecasts as part of the IP due diligence
- Knowing which questions to ask to determine which patent should ultimately receive the patent term extension
- How to navigate orphan drug exclusivity post Catalyst
- Unpacking Jazz Pharmaceuticals lawsuit against the FDA for granting orphan drug exclusivity to Avadel’s narcolepsy drug on the basis of clinical superiority
- CMS’s guidance on orphan drug exclusivity and the IRA’s price control provisions
- Learning the current landscape for Orange Book listing requirements as applied to REMS or device patents
- Unpacking Jazz Pharmaceuticals lawsuit against Avadel relating to the listability of REMS patents
- Strategies to protect against the risk
- Understanding the role of FDA classifications and designations in triggering price control negotiations under the Inflation Reduction Act
- Navigating compliance challenges and implications for regulatory strategies