Events

Knobbe Martens Partner Eli Loots will be a panelist on Friday, June 6, 2014, at the American Conference Institute’s 5th Annual conference on Biosimilars: The Definitive Forum on the Legal, Regulatory, Patent, and Commercial Realities of Biosimilars. The panel is titled "The Most Powerful Tool in Your Arsenal: Using Inter-Partes Review at the PTO to Revamp Branded and Biosimilar Litigation Strategies."

The panel will cover the following topics:

• Anticipating how the complex patent resolution provisions in the BPCIA will interplay with the administrative patent validity proceedings at the PTO including:
  • Inter-partes review (IPR)
  • Post-grant review (PGR)
  • Reexamination
  • Supplemental examinations
  • Derivation proceedings
• Adjudicating patent validity at the PTO level
  • Deciding whether to forego the clear and convincing litigation standard in favor of the preponderance of the evidence standard
  • Factoring in collateral estoppel considerations
  • Parallel litigation in two forums: Creating a record in the patent office and managing multiple concurrent proceedings
• Making the timing work: Complying with the tricky timelines in the AIA while factoring in both the complex timeframes under the BPCIA and its statutory mandate that litigation be resolved prior to approval
• Lessons learned from the first life sciences IPRs which have been filed: what are the benefits in the biosimilars context?
• The second wave of patent reform: understanding how the new proposals modifying the AIA may affect the biosimilars strategies you already have in place