Track 1 — Legal Spend Management: Best Practices for Budgeting Pharmaceutical IP Litigation – Monitoring Legal Spend and Balancing the Budget

• Accounting for inflation and implementing practices to minimize surprises and increase predictability
• Forecasting the budget by phase and quarter
• Strategies for reevaluating the use of task codes
• Deciding what components should be incorporated into the budget
• Vendors
• Experts
• Understanding the source of error when unforeseen events or overages occur
• Evaluating the appropriateness of alternative fee arrangements

Track 2 — Revisiting Damages in an At-Risk Launch Scenario: Questions of Remedies and Valuation

• Exploring questions of royalties, lost profits, and exceptional findings
• Market reconstruction considerations
• Alternatives for noninfringement
• Examining the value of the use of the patented technology
• 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