Stage of Litigation & Similarly Situated Litigants Now General Plastic Factors?

As I have mentioned on a few CLE panels as of late, the recent changes to the Patent Trial & Appeal Board’s (PTAB) Trial Practice Guide invite parties to suggest additional General Plastic factors.  These factors are applied by the Board to determine whether to exercise its discretion to deny institution under § 314(a) in applicable cases.  With the efficacy of 325(d) now muted after SAS (given it’s ground-by-ground based application), the potential “kill shot” offered by 314(a) has attracted more attention in recent Patent Owner Preliminary Responses.

With the new Trial Guide update barely a month old, the Board has already begun to expand its General Plastic factors. Two September decisions highlight the degree to which the Board may be more open to considering parallel litigation dynamics as additional factors. Continue Reading PTAB Expands Equitable Considerations to Deny AIA Trial Petitions

April Webinar to Explore Bio/Pharma Deals & Disputes in the PTAB Era

This month’s edition of the free webinar series will be held on Wednesday May 2nd, 2018 @ 2PM. The April webinar is entitled: Bio/Pharma Deals & Dispute Resolution in the PTAB Era.

Register (here)

The emergence of the Patent Trial & Appeal Board (PTAB) as a forum for patent validity disputes has altered the business landscape of both innovator and generic companies alike. PTAB proceedings are now commonplace for Orange Book pharmaceutical patents and Purple Book biologic/biosimilar patents. An understanding of the business impact of these proceedings from both a transactional and litigation perspective is critical for successful, in-house navigation. Likewise, trends within and across these proceedings, including final patent validity outcomes, impact on traditional Hatch-Waxman procedures, types of patents (compound, formulation, method of use) involved, and the timing of challenges, are critical components to a successful litigation and portfolio development strategy.

Please join Ropes & Gray’s PTAB Chair Scott McKeown, Life Sciences IP Litigation Chair Filko Prugo, and IP Transactions Partner Melissa Rones for the upcoming webinar providing a holistic analysis of these important Bio/Pharma disputes.

The formal portion of the webinar will begin at 2PM Eastern and will last for approximately 50-60 minutes. After the presentation there will be a Q&A period. To attend the webinar please sign up via the link above. You will receive a registration confirmation email immediately. One hour prior to the webinar you’ll receive another email with a link and instructions for joining the presentation. CLE credit will be provided (CA, NYC, VA).

PTAB Trial Practice Changes & Evolution of Parallel Litigation

Two separate webinars this week for those looking to keep abreast of PTAB evolution and related litigation practices.

First, up, this month’s edition of the free webinar series will be held on Thursday, February 22nd @ 2PM (EST). Roadblock PTAB: Litigation Strategies & IPR Antidotes. Register (here)

Then, on Friday February 23rd @ 1PM (EST), join me and Rob Greene-Sterne of Sterne Kessler for PLI’s one hour briefing: PTAB Trial Practice After Wi-Fi One: Challenges and OpportunitiesThis program will explore the now softened 314(d) appeal bar and the anticipated expansion of appellate issues, as well as corresponding impacts on PTAB trial practices. Register (here)