Strategies for IP Life Science Contested Proceedings

Since the America Invents Act became effective in 2012, use of contested proceedings in the US Patent & Trademark Office have grown significantly and now are involved with almost every significant patent litigation in the US. These include the frequently used Inter Partes Review (IPR) process as well as the increasingly available Post Grant Review (PGR) process.  Understanding the impact of IPR and PGR institutions and final written decisions on your life science patent portfolio and product protection or as a challenger looking to develop competing life science products is a critical aspect of intellectual property law as well as directly impacting pharmaceutical business and market development.  

With a significant number of petitions and decisions now available in the life sciences space, attorney Ha Kung Wong will parse out trends and other important information that can help you effectively prepare for or respond to a petition, such as strategically taking advantage of which claims to challenge and how to prepare claims for challenge.  Additionally, for those interested in biologics, he will touch on the new FDA Interchangeable Guidance and how it might impact your patent strategy in contested proceedings.

Learning Objectives:

1. Discuss Inter Partes Review and Post Grant review
2. Identify current trends and statistics in IPR and PGR institution and final decisions and their impact on biologics and biosimilars
3. Develop strategies for filing and responding to IPRs and PGRs
4. Address the impact of new regulatory guidelines on contested proceeding strategy