The Interplay of IP and Antitrust: What You Should Know in 2019
For the past years, the intersection of intellectual property (IP) and antitrust has been increasingly scrutinized by the regulators. Antitrust issues have played a significant role in a number of notable licensing and IP cases, such as FTC v. Qualcomm Inc. One recent development in this area of law is the shifting positions of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) on the antitrust enforcement of fair, reasonable, and non-discriminatory (FRAND) terms and patent holdup.
As the interplay between antitrust law and IP rights intensifies, counsel should be able to devise practical and effective strategies to protect their clients’ commercial and IP rights.
Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they bring the audience to a road beyond the basics of the IP-antitrust interplay and as they delve into the depth-analysis of the current trends and recent court rulings. Speakers will also provide the audience with practical strategies in bringing out the best results in a rapidly evolving legal climate.
Some of the major topics that will be covered in this course are:
- The Interplay of IP and Antitrust: Overview and Statistics
- Notable Cases
- Recent Trends and Developments
- Practical Strategies
- What Lies Ahead
White & Case LLP
White & Case LLP
- Overview of the Legal Framework
- Actavis decision
- Patent settlement agreements under HW
- Product hopping issues under HW
- Patent settlement agreements under BPCIA
- Patient Right to Know Drug Prices Act, (October 2018)
- Case Study: Humira
- Product Hopping under BPCIA
- Statutory Considerations
- Antitrust issues in IP licenses and other competitor collaborations
Who Should Attend:
- Antitrust Lawyers and Attorneys
- IP Attorneys & Related Consultants
- In-House Counsel
- IP Licensing Professionals
- Business Developers
- Business Executives
- Chief Compliance Officers
- Legal Advisers
- Other related and interested professionals
Anita Varma is an Intellectual Property partner based in the Firm's Boston office, with a dual practice in London. She is qualified to practice before the US Patent and Trademark Office (USPTO) and the European Patent Office (EPO).
Anita provides strategic patent counseling to life sciences industry companies, guiding them through every stage of the patent life cycle. She works with clients in obtaining enforceable claims and supporting them in post-grant proceedings, as well as in developing and executing both offensive and defensive patent strategies. She also conducts strategic review of patent portfolios to identify strengths and weaknesses, and opportunities to minimize threats and maximize revenue.
As part of this strategic counseling, Anita regularly advises on patentability, validity and freedom to operate issues, provides pre-litigation assessments and opinions regarding patentability, conducts IP due diligence for strategic transactions, and advises on listing and delisting matters in the US Food & Drug Administration's Orange Book.
Clients also benefit from Anita's experience in navigating follow-on biologics legislation. She has skilled expertise among diverse life sciences subjects, including immunology, antibodies, RNAi, small molecules, biotechnology, pharmaceuticals, CRISPR, ocular products, biophotonics, messenger RNA therapeutics, protein therapeutics, and protein traps.
Anita is named one of the top lawyers in the United States for patent prosecution matters (Legal 500), and is viewed by competitors as "an extremely skilled attorney with both legal and business smarts" (LMG Life Sciences). Clients appreciate her "'business savvy' approach and her familiarity with the biotechnology and pharmaceutical industries" and note that "the experience [of working with Anita] has been very positive" (independent survey by Chambers & Partners).
Anita Varma is an Intellectual Property partner based in the Firm's Boston office, with a dual practice in London. She …
Jack Pace is a core member of White & Case's leading global antitrust litigation practice, which is ranked by Chambers USA in Band 1 for cartel matters and is the only practice at any firm to win Competition Group of the Year from Law360 for six years in a row.
Jack is also Head of the Competition Section for the Firm's Americas Region.
Drawing upon energy, creativity, and persuasive abilities well known to the Firm's clients, Jack has achieved major victories in many complex litigation matters, including jury verdicts (Fair Isaac v. Experian), appellate victories (Doryx "product hopping" litigation, GM seeds antitrust litigation), dismissals of antitrust claims on the pleadings and at summary judgment (numerous "reverse payment" and "product hopping" cases, White v. JP Morgan Chase, VantageScore antitrust litigation), and groundbreaking defeats of class certification (Blades v. Monsanto).
Jack represents several leading global pharmaceutical companies (including Allergan, Pfizer, and Boehringer Ingelheim) in class action litigation matters at the cutting edge of antitrust and intellectual property.
He has been recognized as a leading antitrust lawyer by several publications. Jack is a two-time "MVP" by Law360, winning the award in the Life Sciences category 2015 and in the Competition category in 2011. Jack also was named a "Rising Star under age 40" among US competition lawyers by Law360 in 2013 and a "Rising Star" among all New York lawyers by the New York Law Journal in 2013.
Jack works with clients across a broad spectrum of industries, including pharmaceuticals, financial services, agriculture, energy, and insurance.
Jack Pace is a core member of White & Case's leading global antitrust litigation practice, which is ranked by Chambers …
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About White & Case LLP
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.