Inducement Following GSK v. Teva
Evaluating the Effect of a Skinny Label, Implications of Recent Court Treatment
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide patent counsel on issues of inducement in pharmaceutical patent litigation in light of the GSK v. Teva decision. The panel will also discuss strategies and tactics regarding claim language and label language, as well as types of evidence to adduce to prove inducement of infringement.
Outline
- Skinny labels and inducement
- Recent court treatment
- Implications of GSK v. Teva
- Carve-out provisions of 21 U.S.C. § 355(j)(2)(A)(viii) for AB-ratedall505(j) generics
- Use of "AB" ratings in the future
- Types of evidence to demonstrate inducement
- Pre-launch vs. post-launch
- Best practices
Benefits
The panel will review these and other noteworthy issues:
- What impact have GSK v. Teva and Amarin v. Hikma had so far on proving induced infringement?
- What impact will recent decisions have on claim drafting?
- What strategic considerations should patent owners keep in mind when labeling FDA-approved drugs?
Faculty
Mark J. Feldstein, Ph.D.
Partner
Finnegan Henderson Farabow Garrett & Dunner
Dr. Feldstein focuses on U.S. district court litigation, primarily concerning the enforcement of U.S. patent rights and... | Read More
Dr. Feldstein focuses on U.S. district court litigation, primarily concerning the enforcement of U.S. patent rights and trade secret issues, and post-grant trial proceedings at the USPTO, including inter partes review (IPR) and post grant review (PGR). He maintains an active patent prosecution practice, preparing and prosecuting U.S. patent applications on behalf of domestic and foreign clients. He also provides opinions and strategic guidance to clients on infringement, validity, enforceability, and clearance matters. His practice encompasses a range of technologies, including pharmaceuticals, biochemistry, polymers, small molecule chemistry, optics, and medical and analytic devices.
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Cora R. Holt
Partner
Finnegan Henderson Farabow Garrett & Dunner
Ms. Holt is an experienced patent litigator at both the appellate and trial levels. A former clerk at the U.S. Court of... | Read More
Ms. Holt is an experienced patent litigator at both the appellate and trial levels. A former clerk at the U.S. Court of Appeals for the Federal Circuit, she represents clients in patent disputes before the Federal Circuit, the U.S. Supreme Court, and district courts across the country. She handles cases involving a variety of technologies, with an emphasis on the biotechnology, pharmaceutical, and life sciences industries. She also assists clients in portfolio counseling matters and proceedings before the U.S. Patent and Trademark Office (USPTO).
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Thomas L. Irving
Partner
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. Mr. Irving has served as lead counsel in many patent interferences.
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Kyu Yun Kim
Associate
Finnegan Henderson Farabow Garrett & Dunner
Ms. Kim focuses on patent litigation and patent prosecution in the chemical and pharmaceutical fields. Her litigation... | Read More
Ms. Kim focuses on patent litigation and patent prosecution in the chemical and pharmaceutical fields. Her litigation experience includes conducting discovery on Abbreviated New Drug Application (ANDA) litigation. She has also researched various legal matters in preparation of inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office.
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