Hedge Fund IPR Challenges to Pharma Patents: Latest Developments and Strategies to Strengthen Patents
Lessons From PTAB Denial of Acorda Therapeutics IPR, Celgene's Sanctions Motion, and More
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide patent counsel with guidance on the recent inter partes review (IPR) challenges by hedge funds to pharmaceutical patents, examining the patents that are being attacked and the grounds for attack. The panel will discuss the lessons learned from these challenges and will offer strategies for strengthening patents to withstand attack.
- Overview of IPRs in pharma, including IPRs filed by NPEs
- Analysis of pharma patents attacked so far by NPEs
- Pharma technology involved
- Prior publications and patent grounds asserted
- What types of claims in the patents are under attack?
- Patent owner responses so far
- Substantive arguments
- Motions for sanctions
- Motions for additional discovery
- What can innovative pharma do today to strengthen their patents to enhance the chance of survival in IPR, irrespective of the identity of the petitioner
The panel will provide answers to the following and other key questions:
- What types of pharma patents are being challenged by hedge funds in IPR?
- What grounds are being asserted?
- What can be learned from the PTAB’s Aug. 24, 2015, decision declining to institute two hedge fund IPRs?
- What message is the PTAB sending by choosing not to take a position on whether a third party’s filing status is determinative of a petition’s ability to be taken up?
- What can the pharma patent owner do to strengthen their patents to enhance the chance of survival in IPR, irrespective of the identity of the petitioner?
Vice President, Chief IP Counsel
Ms. Flynn is a highly experienced licensing and intellectual property attorney with over 30 years of experience in both... | Read More
Ms. Flynn is a highly experienced licensing and intellectual property attorney with over 30 years of experience in both large law firm and in house pharmaceutical practice. She has significant experience in all areas of U.S. and international patent law, including strategic filing and prosecution of patents, multi-jurisdictional litigation, Oppositions and post grant proceedings. Prior to Vertex, she was Vice President Intellectual Property at Shire Pharmaceuticals. She has previously held leadership positions at Transkaryotic Therapies, Biogen, and Finnegan, Henderson, Farabow, Garrett & Dunner. She also holds a CLP certification from the Licensing Executives Society.Close
Thomas L. Irving
Finnegan Henderson Farabow Garrett & Dunner
Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,... | Read More
Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution, reissue and reexamination, patent interferences, and counseling, including prelitigation, Orange Book listings of patents covering FDA-approved drugs, and infringement and validity analysis in the chemical fields, as well as litigation. He has served as lead counsel in many patent interferences.Close