Life Sciences Patent Litigation: Emerging Issues in Patent Eligibility, Section 112, and Divided Infringement (On-Demand)

General Credits:
Original Date Of Course:

$179.00

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Course Description

From Federal Circuit interpretations to Supreme Court interventions, the life sciences patent litigation world continues to evolve – rapidly, sometimes seismically, and often with scant regard to what came before. In this program, patent attorney Aaron Pereira will take you on a journey through critical emerging issues in life science patent law, with an eye to understanding and applying these evolving precedents to protect, challenge and litigate life sciences innovations.

On patent eligibility, the Supreme Court’s recent denial of certiorari in American Axle, while disappointing to some, signals a stabilization in the law of Section 101 after a decade of churn. Through an analysis of case law from the Supreme Court’s decision in Mayo (2012) to the recent Federal Circuit pronouncement in CareDx (2022), and key decisions between, Aaron Pereira will derive general rules for understanding where the fault lines lie in the key threshold issue of patent subject matter eligibility.

On written description and enablement, Amgen v. Sanofi and Juno v. Kite stand at the doorstep of Supreme Court review. But while we wait, the law does not, and new decisions interpreting these monumental shifts in the law of Section 112 continue to issue. This program offers an analysis of the law of Section 112 and outlines the critical issues that will drive disputes and decisions in the coming years.

Finally, on divided infringement, the law is evolving to ascribe infringement liability for method patents across a broader range of acts and actors than ever before. But significant gray areas remain. Through an analysis of case law including Akamai (2014), Travel Sentry (2017), and life sciences interpretations in Medgraph (2016), Eli Lilly v. Teva (2017), Ni-Q v. Prolacta (2019) and others, this program will provide an understanding of the types of multi-party conduct that can lead to divided infringement claims – an important issue in cutting-edge life sciences areas like CAR-T, diagnostics, and AI-enabled medical technology.

This program is geared towards IP counsel, both in-house and external, but should also benefit anyone with an interest in emerging issues in the life sciences space or patent matters more generally.

Syllabus

  1. Create a roadmap to patent eligibility in life science so as to identify, with reasonable precision, the types of innovations currently viewed as eligible for patenting.
  2. Learn the current status of Section 112 (enablement and written description) case law and derive rules for obtaining and litigating patents with 112 vulnerabilities.
  3. Understand the types of multi-party conduct that can form the basis of a “divided infringement” claim, and learn how to identify, prosecute, or defend such claims.

Instructor

Aaron L. J. Pereira, Esq.

Credit Details

Course Type

Course Instructor

Aaron L. J. Pereira, Esq.

Original Date Of Course

General Credits

1.5