The Business of PIV Disputes
Track 1 — The Cost and Worth of a Patent: The Economics of a Paragraph IV Challenge
Track 2 — Best Practices for Utilizing FDA’s Citizen Petition Process to Achieve Market Exclusivity
Track 1
Track 2

Jonathan Davies
Partner
Cooley LLP

Isaac S. Ashkenazi
Partner
Paul Hastings LLP

Kathleen Gersh
Partner
Loeb & Loeb LLP

Kurt Karst
Director
Hyman, Phelps & McNamara PC
Track 1 — The Cost and Worth of a Patent: The Economics of a Paragraph IV Challenge
- IP and economic assessments on product selection and defense
- Factoring-in R&D considerations and market trends
- Analyzing available exclusivities, both regulatory and patent
- Assessing key litigation considerations and related costs
- Considering the likelihood of victory depending on patent type
- Budgeting, forecasting, and aligning litigation costs to business goals
- Exploring cost saving options in litigation
- Examining value of licensing deals and structures
Track 2 — Best Practices for Utilizing FDA’s Citizen Petition Process to Achieve Market Exclusivity
- Reviewing FDA’s citizen petition processes and protocols
- Understanding the criteria FDA considers when evaluating a petition
- How does FDA determine the petition’s primary purpose was to delay?
- Analyzing market exclusivities to be addressed in the petition
- Detailing what should be included and what the process entails
- Taking stock of recent decisions involving Citizens Petitions
- Best practices for the reconsideration process and litigation