HomeWebcastPharmaceutical and Medical Device Litigation at the ITC: What the Future Holds
Online CLE Medical Device CLE

Pharmaceutical and Medical Device Litigation at the ITC: What the Future Holds

Live Webcast Date: Thursday, June 07, 2018 from 12:00 pm to 1:30 pm (ET)
Intellectual Property Law (CLE)Litigation (CLE)Pharmaceutical & Life Sciences CLE & CPERecording

Online CLE Medical Device

As the volume of patent litigation involving pharmaceuticals and medical devices increases in district courts and before the PTAB, the US International Trade Commission (ITC) has emerged as another popular forum for litigating pharma and medical device cases. In recent years, there has been a resurgence of ITC Section 337 filings from major players in the pharmaceuticals and medical devices industries. This trend is expected to continue in the coming years following the US Supreme Court's decision in TC Heartland LLC v. Kraft Food Groups, which created minimal impact on litigation at ITC.

Join a panel of key thought leaders and practitioners assembled by The Knowledge Group for an insightful discussion on pharmaceutical and medical device litigation at the ITC. Speakers will also provide the audience with practical strategies in taking advantage of this emerging trend.

In a webcast, the speakers will discuss:

  • Understanding ITC Patent Litigation
  • Interplay Between IPRs and ITC Litigation
  • Implication of Increased ITC Filings
  • Section 337 Litigation on Pharma and Medical Devices
  • ITC Filings and Litigation Post-Heartland
  • The Future of Pharmaceutical and Medical Device Litigation at the ITC

Agenda

SEGMENT 1:
Thomas F. Fleming
, Partner
Kirkland & Ellis LLP

  • ANDA vs ITC Patent Cases
    • Branded v. Generic
    • Speedy Resolution/Cost
    • Fast or Slow 30 Month Stay
    • Devices vs.Biologics and Pharma
    • 271 (e)1 protection – no imports
  • Increase Pharma in India and China
    • Hatch-Waxman Conflict
    • Biologics and Biosimilars
    • Domestic Industry/Patent
  • Practical Current issues and Recent Cases
    • Recent Complaints
    • Findings of Violations v. Verdicts
    • Jury v. Judge ANDA/ITC same)
    • ITC v. IPR v. Suit

SEGMENT 2:
Blaney Harper
, Partner
Jones Day

  • Litigation perspective and will include a review of recent cases, comparison of outcomes, arguments

SEGMENT 3:
Veronica Ascarrunz
, Of Counsel
Wilson Sonsini Goodrich & Rosati

  • Trends and Statistics of
    Pharmaceutical & Medical Device litigation at the ITC
  • Current state of interplay between IPRs and ITC Litigation
  • Specific considerations for Pharmaceutical and
    Medical Device Litigation at the ITC
    • Importation
    • Safe Harbor
    • Specific Noninfringement Considerations
    • Public Interest

Who Should Attend

  • Medical Device Manufacturers
  • Pharmaceutical Companies
  • Pharmaceutical Law Attorneys
  • Patent Law Attorneys
  • Patent Owners
  • Patent Agents
  • Litigation Officers
  • Corporate Lawyers
  • In-house Counsel
  • Trial Lawyers
  • Other Related/Interested Professionals

Online CLE Medical Device

SEGMENT 1:
Thomas F. Fleming
, Partner
Kirkland & Ellis LLP

  • ANDA vs ITC Patent Cases
    • Branded v. Generic
    • Speedy Resolution/Cost
    • Fast or Slow 30 Month Stay
    • Devices vs.Biologics and Pharma
    • 271 (e)1 protection – no imports
  • Increase Pharma in India and China
    • Hatch-Waxman Conflict
    • Biologics and Biosimilars
    • Domestic Industry/Patent
  • Practical Current issues and Recent Cases
    • Recent Complaints
    • Findings of Violations v. Verdicts
    • Jury v. Judge ANDA/ITC same)
    • ITC v. IPR v. Suit

SEGMENT 2:
Blaney Harper
, Partner
Jones Day

  • Litigation perspective and will include a review of recent cases, comparison of outcomes, arguments

SEGMENT 3:
Veronica Ascarrunz
, Of Counsel
Wilson Sonsini Goodrich & Rosati

  • Trends and Statistics of
    Pharmaceutical & Medical Device litigation at the ITC
  • Current state of interplay between IPRs and ITC Litigation
  • Specific considerations for Pharmaceutical and
    Medical Device Litigation at the ITC
    • Importation
    • Safe Harbor
    • Specific Noninfringement Considerations
    • Public Interest

Online CLE Medical Device

Online CLE Medical Device

Blaney HarperPartnerJones Day

Blaney Harper's practice focuses on strategic patent litigation representing electronics, software, and information technology companies in matters such as patent enforcement in United States District Courts and the International Trade Commission (ITC). Blaney also represents and counsels clients concerning patent portfolio development and patent prosecution and appeal, including Inter Partes Review, in the USPTO.  Blaney's experience covers a broad cross-section of technology, including semiconductor structures, microprocessor architecture, memory, application-specific integrated circuits, and related hardware and software for applications such as wireless communications, fiber-optic networks, distributed computing, digital image processing, computational linguistics, computer controlled radiology, computer peripherals, accelerometers, and other electronic sensors. Blaney's engineering experience gives him keen insight into many technology issues.  Blaney has been recognized in Intellectual Asset Management (IAM) 1000 (2014-2017) ("a man of action who really knows how to drive a matter towards the right outcome for his client.") and in Managing Intellectual Property "2015 USIP Stars."

Online CLE Medical Device

Thomas F. FlemingPartnerKirkland & Ellis LLP

Thomas Fleming is an intellectual property partner in the New York office of Kirkland & Ellis LLP. He is a veteran trial lawyer with extensive experience in complex commercial litigation, intellectual property litigation and patent litigation. He has co-chaired numerous jury patent trials in the areas of biotechnology, pharmaceuticals and wireless technology, and has been lead counsel in patent and trade secret litigation matters in the areas of chemical products, devices and genetically modified crops. He has argued numerous appeals, including before the Federal Circuit. Thomas advises Fortune 100 companies on intellectual property aspects of international merger and acquisition matters, licensing and deal related matters.

Thomas has been recognized by The Legal 500 U.S. He is also listed in The Best Lawyers in America and The Best Lawyers in New York.

Online CLE Medical Device

Veronica AscarrunzOf CounselWilson Sonsini Goodrich & Rosati

Veronica Ascarrunz is Of Counsel in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where her practice focuses on IP litigation in district court and at the ITC.  Veronica has experience litigating trade secret, trademark, and patent disputes in the pharmaceutical, software, telecommunications, medical devices, and consumer products technology areas. She has secured successful outcomes for dozens of parties in ITC Investigations. She also has successfully represented medical devices, university, and pharmaceutical companies in patent litigation, Hatch-Waxman litigation, contract disputes, and USPTO inter partes proceedings.  Veronica is the Secretary the ITC Trial Lawyers Association.  Veronica was an intern to the Honorable Paul Luckern at the ITC, where she assisted Judge Luckern with all aspects of investigations. She was also an intern to the Honorable Richard Linn at the U.S. Court of Appeals for the Federal Circuit


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Online CLE Medical Device

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in Patent/Life Sciences Law

Course Code:
   147110

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    1.5 CLE

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Ohio Attorneys:This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 1.5 total CLE hour(s) instruction. Click here to learn more about our Ohio CLE courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Jones Day is a global law firm with more than 2,500 lawyers in 43 offices across five continents. The Firm is distinguished by: a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.

Website: https://www.jonesday.com/

Kirkland & Ellis LLP is a 2,000-attorney law firm representing global clients in complex intellectual property and technology matters, private equity, M&A and other complex corporate transactions, litigation and dispute resolution/arbitration and restructuring,  The Firm has offices in Beijing, Boston, Chicago, Hong Kong, Houston, London, Los Angeles, Munich, New York, Palo Alto, San Francisco, Shanghai and Washington, D.C.

Kirkland has one of the most respected intellectual property litigation practices in the country, with particular experience in large-scale patent, copyright, trademark, trade secret misappropriation, and advertising matters. The Firm has been handling ITC Section 337 proceedings for more than 30 years and has litigated numerous ITC cases on behalf of complainants and respondents covering a variety of products and technologies. Kirkland was honored by Managing Intellectual Property as the 2016 “International Trade Commission Firm of the Year.”

Website: https://www.kirkland.com/

Wilson Sonsini Goodrich & Rosati is the premier legal advisor to technology, life sciences, and other growth enterprises worldwide. The firm's broad range of services and practice areas are focused on addressing the principal challenges faced by the management, boards of directors, shareholders, and in-house counsel of its clients. Client service is the cornerstone of the firm’s practice, and it strives to act as strategic partners to its clients by leveraging its expertise to provide innovative, responsive, and cost-effective legal services. The firm’s IP litigation practice is national in scope and includes cases in federal and state courts throughout the United States. The firm also regularly handles IP matters before the International Trade Commission (ITC).

Website: https://www.wsgr.com/

Blaney Harper's practice focuses on strategic patent litigation representing electronics, software, and information technology companies in matters such as patent enforcement in United States District Courts and the International Trade Commission (ITC). Blaney also represents and counsels clients concerning patent portfolio development and patent prosecution and appeal, including Inter Partes Review, in the USPTO.  Blaney's experience covers a broad cross-section of technology, including semiconductor structures, microprocessor architecture, memory, application-specific integrated circuits, and related hardware and software for applications such as wireless communications, fiber-optic networks, distributed computing, digital image processing, computational linguistics, computer controlled radiology, computer peripherals, accelerometers, and other electronic sensors. Blaney's engineering experience gives him keen insight into many technology issues.  Blaney has been recognized in Intellectual Asset Management (IAM) 1000 (2014-2017) ("a man of action who really knows how to drive a matter towards the right outcome for his client.") and in Managing Intellectual Property "2015 USIP Stars."

Thomas Fleming is an intellectual property partner in the New York office of Kirkland & Ellis LLP. He is a veteran trial lawyer with extensive experience in complex commercial litigation, intellectual property litigation and patent litigation. He has co-chaired numerous jury patent trials in the areas of biotechnology, pharmaceuticals and wireless technology, and has been lead counsel in patent and trade secret litigation matters in the areas of chemical products, devices and genetically modified crops. He has argued numerous appeals, including before the Federal Circuit. Thomas advises Fortune 100 companies on intellectual property aspects of international merger and acquisition matters, licensing and deal related matters.

Thomas has been recognized by The Legal 500 U.S. He is also listed in The Best Lawyers in America and The Best Lawyers in New York.

Veronica Ascarrunz is Of Counsel in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where her practice focuses on IP litigation in district court and at the ITC.  Veronica has experience litigating trade secret, trademark, and patent disputes in the pharmaceutical, software, telecommunications, medical devices, and consumer products technology areas. She has secured successful outcomes for dozens of parties in ITC Investigations. She also has successfully represented medical devices, university, and pharmaceutical companies in patent litigation, Hatch-Waxman litigation, contract disputes, and USPTO inter partes proceedings.  Veronica is the Secretary the ITC Trial Lawyers Association.  Veronica was an intern to the Honorable Paul Luckern at the ITC, where she assisted Judge Luckern with all aspects of investigations. She was also an intern to the Honorable Richard Linn at the U.S. Court of Appeals for the Federal Circuit

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