The Practice of Pharmaceutical Patent Litigation: Part I

Daniel P. DiNapoli
Partner
Arnold & Porter LLP (New York, NY)

Vishal C. Gupta
Partner
Steptoe & Johnson LLP (New York, NY)

Sheldon Hamilton
Partner
Smart & Biggar Fetherstonhaugh (Toronto, ON)
Huong Nguyen
Partner
Litwin Law LLC (Oakland, CA)
Colman Ragan
VP & General Counsel, North America IP Litigation
Teva Pharmaceuticals
Shashank Upadhye
Partner
Amin Talati Upadhye (Chicago, IL)
2:00
Advanced Pleadings Drafting:Choosing Claims and Defenses Wisely
Join us for the advanced pleadings session, where examples of good and bad pleadings will be provided COMPLAINT- Ensuring that all counts of the complaint are plead with specificity
- Avoiding Rule 11 sanctions
- Devising strategies for situations with multiple
- ANDA fliers
- Assessing damages prayer and request for jury trial
- Considerations relative to willfulness
- Choosing your defenses with prudence
- Understanding the advantages of not pleading every defense
- Knowing which patents to ask to delist; assessing allegations of improper Orange book listing
2:45
Guidance on Summary Judgment and Declaratory Judgment Motion Practice for Brand Names and Generics
- Reviewing recent case law concerning declaratory judgments and judgments on the pleadings in Hatch-Waxman scenarios
- Key takeaways and strategic concerns under § 101
- Assessing venue implications
3:30
Seeking Damages and Assessing Value Calculations
- Revisiting damages in an at- risk-launch scenario
- Exploring questions of royalties, lost profits and exceptional findings
- Examining grounds for mitigation
- Considering the practical consequences of the Supreme Court’s WesternGeco decision on Hatch-Waxman damages awards
- Exploring when U.S. patent owners may recover foreign lost profits tied to domestic acts of infringement under § 271(f)(2)
- Examining cases where the relevant infringing conduct occurred in the United States