Overcoming Sections 101,102, 103 Conundrum for Biotech and Chemical Patents: Practical Guide in 2020
In recent years, the hope on solving the patent eligibility conundrum is still up in the air. Precedential decisions interpreting and applying Section 101 from both the Supreme Court and the Federal Circuit created tangled patent eligibility rulings that have limited the ability to patent certain technologies. In connection with this, earlier this year, the members of the Senate Judiciary Subcommittee on Intellectual Property, along with members of the House, have produced a draft bill that will revise 35 U.S.C. Section 101. However, this draft bill is not yet available for there are still a lot of details to be discussed, and the proposed legislation is still to be determined. A mutual effort to produce a consistent subject matter eligibility framework is both an achievement and a raising opportunity for the year ahead.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide and present to the audience an in-depth analysis of the fundamentals as well as recent developments in Overcoming Sections 101,102, 103 Conundrum for Biotech and Chemical Patents. Speakers will also present all the important issues surrounding this significant topic including its impact on Biotech and Chemical Patents.
- Guiding Principles for Patent Eligibility
- Updated Framework for Patent Eligibility
- Section 101, 102, & 103 Conundrums
- Impacts on Biotech and Chemical Patent
- What Lies Ahead
Who Should Attend:
- Patent Lawyers and Consultants
- Patent Agents
- Intellectual Property Lawyers
- Patent Examiners
- Corporate Counsel
Brendan is an associate in the Intellectual Property Group at White & Case and has more than 10 years of experience working in the field of patent law. His practice focuses on a variety of intellectual property issues, including worldwide patent portfolio development, patent prosecution, due diligence, and litigation support. Brendan has extensive experience providing freedom-to-operate, invalidity and patentability opinions, and he also assists the patent litigation group in contested proceedings, such as inter partes review and post grant review proceedings. Brendan regularly works with clients and inventors from large corporations, start-up companies and universities to develop ideal intellectual property protection strategies of technologies such as enzyme replacement therapies, modified polypeptides, fusion proteins, small molecules, nucleic acid therapeutics (including CRISPR and RNAi), antibody development, methods of treatment, diagnostic methods, drug formulations, and dosage regimens.
Brendan is an associate in the Intellectual Property Group at White & Case and has more than 10 years of …
Leslie Kushner is Counsel in the Litigation Group at Pearl Cohen’s New York office. She is an experienced intellectual property attorney, with extensive background in life sciences, biotechnology, and biochemistry. Dr. Kushner utilizes her decades of experience as a biomedical research scientist to represent clients in complex patent (including Hatch-Waxman), trade secret, and contract litigation across various industries, focusing her practice on chemical, biotechnological, pharmaceutical, diagnostic and medical device matters. She also counsels clients on patent validity and freedom-to-operate, performs intellectual property due diligence investigations, and negotiates and drafts licensing, joint venture, and consulting agreements.
Dr. Kushner’s experience includes patent infringement litigation pertaining to pharmaceutical and biotechnological inventions, trade secret litigation pertaining to drug formulations and educational services, copyright litigation pertaining to the entertainment industry, and contract litigation pertaining to biotechnological methods and educational services. Dr. Kushner has provided professional opinions on small-molecule pharmaceuticals, antibodies, cytokines, oligonucleotides, siRNA, enzyme inhibitors, and automotive parts, and has performed due diligence analyses for firms in the pharmaceutical, biotechnological, food, and gaming industries.
Leslie Kushner is Counsel in the Litigation Group at Pearl Cohen’s New York office. She is an experienced intellectual property …
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Method of Presentation:
General knowledge of patent laws
NY Category of CLE Credit:
Areas of Professional Practice
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About White & Case
White & Case helps clients navigate the antitrust issues presented by the assertion of patent rights and represents both plaintiffs and defendants in such matters. We know the issues at the intersection of antitrust and intellectual property law, and our teams are staffed to include both antitrust and IP lawyers who collaborate across disciplines. These trial-ready interdisciplinary teams collaborate seamlessly, handling disputes and resolving challenges for our clients. We excel at taking the complex and making it simpler and understandable for judge and jury.
Both patent cases and antitrust cases including patent assertion typically involve highly complex issues ? both legal and technology issues. White & Case has an unprecedented track record of trial victories in complex antitrust cases. Our philosophy is that defendants too often settle these cases by agreeing to pay exorbitant settlements. While our past successes and trial-oriented preparations often allow us to achieve favorable settlements for our clients, we begin preparing for trial from day one and do not hesitate to take cases to the mat when necessary.
About Pearl Cohen Zedek Latzer Baratz LLP
Pearl Cohen Zedek Latzer Baratz (“Pearl Cohen”) is an international law firm with offices around the globe: New York, Boston, Los Angeles, Tel-Aviv, Haifa and London. Due to the firm's multi-jurisdictional presence, Pearl Cohen's practice leaders excel in cross-border hi-tech, commercial, corporate, tax, securities, and litigation work, while being recognized as #1 for intellectual property and patent capabilities. Our professionals constitute one global team that collaborates seamlessly to provide clients with fully integrated legal services, tailoring legal and professional solutions across practice areas and industries.
Pearl Cohen primarily represents innovation-driven enterprises, including Fortune 500 and small-cap emerging companies, startups and entrepreneurs, investors, academic institutions and government-related entities. The firm’s international team and global offices work together seamlessly to provide clients with integrated legal services, advising on U.S., Israeli, and European legal issues, alongside activities in Russia & CIS, Latin-America, Australia, China and Japan.