The Practice of Pharmaceutical Patent Litigation: Part I

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

  ANSWER AND COUNTERCLAIMS

• 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