Pharmaceutical & Biotech Patent Litigation Strategies2010 - Basenet

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Pharmaceutical & Biotech Patent Litigation Strategies2010 - Basenet

Pharma IQ presents the 5th Annual

Pharmaceutical

& Biotech Patent

Litigation Strategies 2010

Maximise Your Product

Revenue through International

Protection of Your Patent

Portfolio:

Protect your patent portfolio through

implementation of the best practice policy

and efficient management strategies with

Nicolas Ruiz, Head of IP, Esteve

Discover the intricate relationship between

the EPO and the London Patents Court to

understand the affect it has on EPO

decisions and Patent Court judgements with

Roger Wyand QC, Joint Head of Chambers,

Hogarth Chambers

Defend your patent portfolio against attack

on the grounds of obviousness through

strategies of obviousness attacks and

defence in the UK with Piers Acland,

Member of Chambers, 11 South Square,

London

Understand preliminary injunctions to

enable their efficient obtainment and

explore important recent case decisions with

Dr Bo Hammer Jensen, Director and

Senior Patent Counsel, Novozymes AS

Prepare for your patent litigation in court by

considering the European Court perspectives

with Mr Justice van Walderveen and Ms

Justice Kalden, District Court of The

Hague and Mr Roger Wyand QC, Joint

Head of Chambers, Hogarth Chambers

SPONSORS

+44 (0)20 7368 9300

0800 652 2363

+44 (0)20 7368 9301

Gain Experience and Expertise from:

Mr Jurgen Dressel, Head of Pharma

Patent Litigation, Novartis Pharma AG

Mr John Meidahl, Divisional Director,

Lundbeck

Mr André Bourgouin, VP Corporate

Intellectual Property, Ipsen Pharma

Mr Philip Strassburger, Vice

President, Intellectual Property

Council, Purdue Pharma LP

Dr Seth Fidel, Lead IP Counsel,

Merrimack Pharmaceuticals, Inc.

Mr Allen Norris, Vice President, Head

of IP, UCB Group

Dr Bo Hammer Jensen, Director and

Senior Patent Counsel, Novozymes AS

Mr Nicolas Ruiz, Head of IP, Esteve

Ms Anke Heezius, Partner, Life

Sciences Legal

Ms Alison Blakey, Prosidion Ltd UK

Ms Elke Simon, Head of Patent

Strategy, Boehringer Ingelheim

Mr Piers Acland, Member of

Chambers, 11 South Square, London

Mr Tony Howard, Divisional Director

(Examination and Legal Support),

Intellectual Property Office

Mr Ha Kung Wong, Partner,

Fitzpatrick, Cella, Harper & Scinto

Mr Scott Reid, Chairman Litigation

Practice Group, Fitzpatrick, Cella,

Harper & Scinto

Prepare for Court Proceedings with the View of the Judiciary:

Mr Justice van Walderveen, Judge, District Court of The Hague

Ms Justice Kalden, Vice President and Head of the IP Division,

District Court of The Hague

Mr Justice Floyd, Judge of the Patents Court, UK

Mr Roger Wyand QC, Joint Head of Chambers, Hogarth Chambers

enquire@iqpc.co.uk

Two day conference

25th & 26th May 2010

Pre-Conference Workshop

Day: 24th May 2010

CCT Venues, Canary Wharf, Isis

Building, Thames Quay, 193

Marsh Wall, London, E14 9SG

Pre-Conference Workshop Day: 24th May 2010

Workshop A | 9:00-11:30:

The Best Practice Strategies

for Drafting and Litigating

your Patent

• Understand the evolving IP

landscape in emerging markets

in order to protect your patent

portfolio effectively

• Key factors that must be

considered when litigating in

various countries

• Examples of best practice

strategies from recent cases

Workshop B | 12:00-14:30:

Protecting your Product and

Conducting Presuit

Investigations in the US

Mr Ha Kung Wong, Partner,

Fitzpatrick, Cella, Harper &

Scinto

Mr Scott Reid, Chairman of

Litigation Practice Group,

Fitzpatrick, Cella, Harper &

Scinto

BOOK AND

PAY BEFORE

12th February 2010 &

SAVE UP

TO £600!

Workshop C | 15:00-17:30:

Review of Recent Case Law,

Settlements, Competition

Law and Best Practice

Strategies for Protecting a

Patent Portfolio

Mr Jurgen Dressel, Head of

Pharma Patent Litigation,

Novartis Pharma AG

www.pharmabiopatent.com


9:00-11:30

Workshop A: The Best Practice Strategies for

Drafting and Litigating your Patent to Make it

Consistent with, and Protected in, the

Evolving IP Landscape and in Turn Ensure that

it is Economically Rewarding

• Understand the evolving IP landscape in

emerging markets in order to protect your

patent portfolio effectively

• Key factors that must be considered when

litigating in various countries

• Examples of best practice strategies from

recent cases

24th May 2010: Pre-Conference Workshop Day

8:00 Registration

8:50 Pharma IQ Welcome and Chairperson’s Opening Address

Update on Recent Approaches and Case Decisions from

Around the World: Protecting Your Patent Portfolio and

Achieving Optimum Litigation Outcomes

9:00 Patent Litigation from a Practical Corporate Perspective: The

Internal and External Organisation Need

• Practical experience of patent litigation with the courts

• Assessment of procedural differences between different courts and

recent developments

Litigation in practice: the current challenges and solutions to

optimise your litigation

Mr John Meidahl, Divisional Director, Lundbeck

9:45 Review of Recent European Cases and Decisions to Understand

and Implement Best Practice Strategies for the Future

• Important recent cases in Europe

• Lessons to be learnt from the decisions

• The implications of these cases on patent filing strategies

Mr André Bourgouin, VP Corporate Intellectual Property, Ipsen Pharma

10:30 Networking Coffee Break

11:00 International Patent Litigation: Do Less, Gain More

Companies are faced with cut downs on litigation budgets. Moreover,

the European commission is critically looking into patent litigation

between pharmaceutical companies. It becomes more and more

important to carefully assess what and where to litigate. Anke Heezius

will provide:

• Practical insights on how to maximise the outcome of patent

litigation in Europe with limited resources and budget

• Evaluation of the most appropriate cases and places to litigate

• Efficient approaches to achieve the optimum litigation outcome

Anke Heezius, Partner, Life Sciences Legal

11:45 An Update on Current Trends in Patent Litigation

• The intricacies of recent cases in Europe

• Lessons to be learnt form the approaches taken and the final decision

• The implications of these cases on patent filing and litigation in

foreign countries to ensure the best approach is taken for your

litigation case

Mr Jurgen Dressel, Head of Pharma Patent Litigation, Novartis Pharma AG

12:30 Networking Lunch Break

An insight into US Biosimilars Legislation to Ensure Your

Patent Portfolio is Strong in Multiple Jurisdictions

14:00 A Comparison of Biosimilars Legislation and Hatch-Waxman Act

Procedures in the USA

• A review of Hatch-Waxman Act Procedures

• An update of legislation involving biosimilars

• An in depth exploration of the most important differences between

Media Partners

12:00-14:30

Workshop B: Protecting your Product and

Conducting Presuit Investigations in the US

• Review of listing patents in the FDA Orange

Book and using different regulatory exclusivity

periods to protect your products in the US

• Method for assessing the strength of your case

in the face of generic challenge in the US

• Understanding considerations on whether and

where to file your litigation in the US

Mr Ha Kung Wong, Partner, Fitzpatrick, Cella,

Harper & Scinto

Mr Scott Reid, Chairman of Litigation Practice

Group, Fitzpatrick, Cella, Harper & Scinto

25th May 2010: Conference Day One

15:00-17:30

Workshop C: Review of Recent Case Law,

Settlements, Competition Law and Best

Practice Strategies for Protecting a Patent

Portfolio

• Recent case law: generic launch at risk

• An overview of preliminary injunctions

• Protecting against irreparable harm and damages

• Settlements and competition law: an outlook to

the future and foresight for the ever changing IP

landscape

Mr Jurgen Dressel, Head of Pharma Patent

Litigation, Novartis Pharma AG

Hatch-Waxman Act Procedures and biosimilars legislation

Mr Scott Reid, Chairman Litigation Practice Group, Fitzpatrick, Cella,

Harper & Scinto

Strategies for Protecting Your Patent Portfolio and Ensuring

that it is Economically Rewarding

14:45 Best Practice Strategies to Manage Patent Protection

• Designing the best strategy

• Implementing the best practice policy

• Life cycle management: evaluating potential strengths and

weaknesses to be prepared for litigation

• Management of the portfolio for comprehensive protection

Mr Nicolas Ruiz, Head of IP, Esteve

15:30 Networking Coffee Break

16:00 Exploring the Application of Supplementary Protection Certificates

(SPCs) to Extend Patent Life and In Turn, Maximise Profit

• Understanding the type of SPC that is best for your product

• A review of the different standards required for an SPC in different

countries

• Maximising your patent extension: the benefits and limitations of

seeking a paediatric extension

Ms Alison Blakey, Patent Counsel & Director of IP, Prosidion Ltd UK

The Changing Horizon of Patent Settlements: What it Will

Mean for Your Patent Portfolio and Approaches to

Successfully Prepare for the Transformation

16:45 Pro-Competitive Aspects of Patent Settlements

• Uncertainty of patent litigation and how it impacts pharmaceutical

companies

• In-house perspectives on the difficulties of reconciling different

competition requirements in international litigation

• Pro-competitive aspects of patent settlements

Mr Philip Strassburger, Vice President, Intellectual Property Council,

Purdue Pharma LP

17:00 P.I.T. STOP 1:

Panel Discussion: Exploring the Implications of Changes to

Antitrust Laws on Patent Litigation

Currently there are a growing number of prominent worldwide issues

at the interface between IP and antitrust laws, with much change on

the horizon for ‘pay-for-delay’ settlements. During this session, hear

from leading in- house counsel professionals and discuss the best

practice policies to successfully navigate the ever evolving antitrust

landscape and ensure that your patent portfolio remains protected.

Ms Elke Simon, Head of Patents Pharma IV, Boehringer Ingelheim

Mr Philip Strassburger, Vice President, Intellectual Property Council,

Purdue Pharma LP

Mr Allen Norris, Vice President, Head of IP, UCB Group

17:45 Chairperson’s Closing Remarks and Close of Day One


8:00 Registration

8:50 Pharma IQ Welcome and Chairperson’s Opening Address change

Outlook for the Future: Explore the Prospect of the Pan-

European Court, the Associated Recent Developments and

Enhance Your Understanding of the Implications it Will Have

for the Biotechnology and Pharmaceutical Sectors

9:00 From Pan-European Litigation to the Patents County Court

A discussion of the supra national court and also the reforms at the

other end of the spectrum to the Patents County Court

• Recent developments in and current status of the Unified Patent

Litigation System

• The proposed UPLS rules in outline

• The reform of the Patents County Court

• What is its continuing role?

• Implication for the biotech and pharmaceutical sectors

Mr Justice Floyd, Judge of the Patents Court

9:45 The View from the Intellectual Property Office of the UK

• Recent developments in the field of SPCs, Pharmaceutical and

Biotech patents

• The future of the patent system in Europe: the EU patent and the

single European Patent Court

• The implications of the proposed single European Patent Court for

future litigations

Mr Tony Howard, Divisional Director (Examination and Legal Support),

Intellectual Property Office

10:30 Networking Coffee Break

Exploration of the Intricacies of Inventive Claims and the

Best Practice Strategies for Obviousness Offence and Defence

to Ensure You Achieve the Optimum Litigation Outcome

10:50 Assessment of Inventive Step in the UK

• When does a claim to a product which is obvious to make become

inventive?

• The relevance of motivation - 5 1/4 inch plates revisited

• Discoveries made during the course of research

• Strategies for obviousness attacks on pharmaceutical patents

• Strategies for defending such attacks

Mr Piers Acland, Member of Chambers, 11 South Square, London

An Up to Date Review of Patent Court Proceedings to Keep

You Abreast of the Nuances of Patent Litigation in Court

11:35 An Overview of Preliminary Injunctions in Denmark

• The Danish Court reform of 2008

• Conditions for obtaining preliminary injunctions

• The implementation of the “Bolar” exception in Denmark

• Important case law: Novartis versus Teva

Mr Piers Acland, Member of Chambers, 11 South Square, London

What have past delegates said?

SPONSORS

26th May 2010: Conference Day Two

12:20 The London Patents Court v The EPO

• When will the Patents Court stay proceedings pending an EPO

decisions

• What effect will an EPO decision have on the Patents Court

• What effect will a Patents Court judgment have on the EPO

Mr Roger Wyand QC, Joint Head of Chambers, Hogarth Chambers

13:05 Networking Lunch Break

14:10 P.I.T. STOP:

The View of the Courts

This is a session dedicated to hearing presentations from the Judicial

panel to give an in depth overview of the unique issues of patent

litigation from the perspective of the Judges.

Dutch Patent Litigation

• Type of proceedings

• The role of experts

• Ex parte injunctions

• Seizure of evidence

• Confidentiality issues

Mr Justice van Walderveen, Judge, District Court of The Hague

Ms Justice Kalden, Vice President and Head of the IP Division, District

Court of The Hague

15:10 The View of the Courts: Interactive Panel Discussion

This is a unique opportunity to ask pertinent questions and discuss

with the Judicial panel and other leading professionals in the field of

patent litigation. You may ask your questions directly to the floor or

submit them anonymously by the end of day one.

Mr Justice van Walderveen, Judge, District Court of The Hague

Ms Justice Kalden, Vice President and Head of the IP Division, District

Court of The Hague

Mr Roger Wyand QC, Joint Head of Chambers, Hogarth Chambers

15:55 Networking Coffee Break

Patent Litigation in the US, Current Issues and Strategies to

Help Maximise Your Patent Portfolio: The Gift of Foresight

16:15 The Inequitable Conduct Defense in US Patent Litigation:

A Shield, A Sword, A Scourge and A Trap for the Unwary

• Unique US disclosure requirements

• An insight into US secret prior art

• Consequences of a finding of inequitable conduct

• Latest case law: enhanced pleading requirements

• Best practices for patent litigation in the US

Dr Seth Fidel, Lead IP Counse, Merrimack Pharmaceuticals, Inc.

17:00 Chairperson’s Closing Remarks and Conference Close

“Very good selection of speakers from a l relevant areas of expertise”

Jurgen Dressel, Novartis Pharma

Life Sciences Legal is the first law firm in the Netherlands to focus its practice on businesses in the life

sciences sector. We serve a range of respected companies all over the world. As advisors, and in cases of

procedural law, we assist our business clients in the life sciences sector in all legal matters, especially in IP

and patent litigation. Our combination of specialized legal expertise and experience in the life sciences

sector is invaluable, and the addition of our scientific knowledge base makes us an excellent legal partner.

Fitzpatrick, Cella, Harper & Scinto has grown to about 175 lawyers practicing exclusively in the intellectual

property field, most of whom have expertise in a technical discipline. Our offices in New York, Washington D.C. and

Orange County, California, serve a diverse national and international clientele from Fortune 500 companies to

Internet start-ups. Our practice covers the spectrum of intellectual property services, including applying for patent

and trademark protection, litigation, appeals, interferences, alternative dispute resolution, licensing, opinions,

corporate transactions and due diligence . We have one of the premier patent litigation practices in the United

States, and we also prosecute more than twice as many patents as any other New York-based firm. Nowhere is

patent protection more important than in the pharmaceutical industry, and Fitzpatrick has been involved in

representing branded pharmaceutical companies in defending against generic challengers for more than 20 years

since the inception of the Hatch- Waxman Act.

Sponsorship Opportunities

In the present economic climate and with an unprecedented number of pharmaceutical and biotech patents about to expire, pharmaceutical and

biotech companies are looking now more than ever to limit the risk of exposing their products to attack from their competitors and to be

successful in their litigation cases. The solution is to instruct experts to strengthen the legal integrity of their patents. The two joint-top reasons

for deciding on who they use are; 1). Recent case history and experience and, 2). Having met and been impressed with a firm’s presentation and

individuals at a networking event. Sponsoring this event is an outstanding opportunity to meet and impress new clients.

For details on sponsorship opportunities, call David White on +44 (0) 20 7368 9431 or sponsorship@iqpc.co.uk


Conference No: 11375.005

Pharmaceutical & Biotech Patent Litigation Strategies 2010

Two Day Conference: 25th – 26th May 2010 | Pre-Conference Workshop 24th May 2010

Venue: CCT Venues, Canary Wharf, Isis Building, Thames Quay, 193 Marsh Wall, London, E14 9SG

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Developing IP Strategies for Crystalline Forms November 2009

Pharmaceutical & Biotech Patent Litigation Strategies 2009

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