Denise Loring to discuss trends in pharmaceutical patent cases at ACI conference

October 15, 2008 – October 16, 2008

Denise Loring, a partner in Ropes & Gray's IP Group, will be a featured speaker at the American Conference Institute's ninth annual conference, "Maximizing Pharmaceutical Patent Life Cycles," to be held October 15 - 16 in New York. Loring will serve on a panel that will discuss the topic of identifying judicial trends in pharmaceutical patent cases. Her panel, which will convene at 3:45 pm on October 15, will address the following topics:

  • The Four Horsemen of the Apocalypse: Delineating the thundering change for patent life cycles triggered by Medimmune, In re Seagate, eBay, KSR and their progeny
  • Deconstructing the effect, value, and challenges of the covenant not to sue in a post-MedImmune world

    What types of covenants have the courts embraced?

    What language will trigger rejections by the courts?

    Factoring the risk in pursuing a covenant not to sue
  • Defining the influence of In re Seagate on the concept of ‘reckless disregard’

    How does In re Seagate change the need to get a patent opinion?

    Scrutinizing the courts’ opinions on the issue of willful infringement in pharma patent cases to project their bearing on present cases
  • Factoring the eBay decision concerning ‘compulsory licensing’ into your life cycle analysis

    Forming a strategy to argue for or defend against an injunction

    Examining the different rationales behind preliminary and permanent injunctions

    Investigating the decreasing ability to get a preliminary injunction in the initial phase of a patent trial
  • Adjusting your pharmaceutical patent life cycle strategy to consider the impact of KSR on the obviousness standard

    Does KSR eliminate secondary patent protection?
  • Analyzing court opinions on inequitable conduct to further examine the risks in pharma patent challenges
  • Determining the latest judicial trends and their consequent impact on a patent life cycle strategy

    Forecasting the courts’ future trends in pharma patent cases

    What is the Roberts Court’s view of patent cases?