FREEDOM TO OPERATE

Mastering the FTO Search: Avoiding Blockades, Identifying Third Party Rights, and Evaluating the Likelihood of Infringement

November 14, 2019 1:15pm

Olga Kay
Senior Patent Counsel
Roche (Pleasanton, CA)

Tara Rahemba
Senior Director and Patent Counsel
Alexion Pharmaceuticals, Inc. (New Haven, CT)

Melanie R. Rupert
Partner
Paul Hastings (New York, NY)

Bruce Weintraub
Senior Corporate Counsel
Pfizer Inc. (New York, NY)

Moderator:

Keisha Hylton-Rodic
Managing Principal
Hylton-Rodic Law PLLC (Washington, DC)

This session will explore common complexities in the FTO analysis and provide tips and techniques to avoid the unexpected trap. Points of discussion will include:
  • Overcoming obstacles by ensuring that the purchaser/licensee has the right to commercialize the IP at issue
  • Protecting the rights on future developments and preserving the freedom to operate
  • Analyzing filings and determining the strength of claims of infringement
  • Factors to consider when assessing risk of suit
  • Using non-patent resources to assess risk
  • Assessing the Impact of domestic vs. foreign manufacture of the commercial product on risk assessment