IPCC-Fall 2018 Program Agenda 
*As of November 9, 2018

All sessions take place at the Conrad Indianapolis, in the Vienna Ballroom, South, unless otherwise noted.

WEDNESDAY, NOVEMBER 14, 2018

Registration Open
12:00 pm - 4:30 pm

Opening Remarks
Sponsored by: European Patent Office

Remarks by: Klaus-Peter Döpfer, Director, European Patent Office

Opening Session: Cousins Once Removed - What Can Medical Biotechnology Learn from Patent Litigation in Industrial and Agricultural Biotech?
2:00 pm – 3:30 pm
Sponsored by: O'Melveny & Meyers LLP

This panel will discuss recent legal trends in patent litigation involving agricultural and medical biotechnologies.  Using a cross-disciplinary perspective, panelists will review recent key cases, examine how the similarities and differences between industries shape litigation strategy, and offer practical advice.

Moderator: Lisa Pensabene, Partner, O’Melveny & Meyers LLP

Speakers:

• Raymond Harmuth, Vice President, Bayer CropScience
• Hassen Sayeed, M.D, Partner, O’Melveny & Myers LLP
• Letitia Walker, Legal Director - Patents, Merck

Refreshment Break
3:30 pm – 3:45 pm
Sponsored by: Marshall Gerstein & Borun LLP

Education Session 1: Obviousness-Type Double Patenting – Where Are We, and Is It Time for a Legislative Clarification?  
3:45 pm – 5:00 pm
Sponsored by: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Obviousness-type double patenting was created to fill a gap in the patent statute, but it has moved beyond that narrow purpose and has threatened otherwise valid and unobvious patents. This panel will discuss the recent case law of the Federal Circuit, strategies to take during prosecution to reduce risk, and legislative efforts to address this problem.   

Moderator: Howard W. Levine, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Speakers:

• Robert Armitage, Former General Counsel, Eli Lilly and Company
• Eyal Barash, Chief Intellectual Property Counsel, Endocyte, Inc
• Alissa Lipton, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Welcome Reception at Skyline Club
5:30 pm – 7:30 pm
Skyline Club
1 American Square, 36th Floor (.3 miles, 5 minute walk from Conrad Indianapolis)
Sponsored by: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Located on the 36th floor of the One America Building in the heart of downtown Indianapolis, the Skyline Club offers sweeping views of the city’s landscape. Join your colleagues for cocktails and light bites in the club that is hailed as the “most distinguished business dining private club in Indianapolis.” 
Walking group will depart from the Conrad Indianapolis main lobby at 5:25 pm.

Thursday, November 15, 2018

IPCC Business Meeting & Breakfast 
*Open to IP Counsels Committee company members only
8:30 am – 10:15 am

Breakfast Available for all IPCC Attendees
8:30 am – 10:00 am

Education Session 2: Raising the Stakes in Patent Cases
10:30 am – 11:45 am
Sponsored by: Choate Hall & Stewart LLP

From on-sale bar to sovereign immunity, this panel will discuss several recent important cases and their impact on the life sciences community. Specifically, we will review key Supreme Court and Federal Circuit cases addressing challenges associated with enforcement and damages, including: on-sale bar under AIA (Helsinn v. Teva), implications of sovereign immunity in IPR proceedings (U. Minnesota v. LSI), questions around standing to appeal a PTAB decision (Momenta v. BMS), the latest on induced infringement (GSK v. Teva), and the issues of lost foreign profits and apportionment for patent infringement (WesternGeco v. ION Geophysical Corp. and Power Integrations v. Fairchild Semiconductor).

Moderator: Michael Bunis, IP Litigation Co-Chair, Choate Hall & Stewart LLP

Speakers:

• Cambria Alpha-Cobb, Patent Agent, Momenta Pharmaceuticals
• Kristen C. Buteau, Counsel, Choate, Hall & Stewart
• Kevin McGough, Vice President, IP Legal, Shire Pharmaceuticals

​Lunch Buffet & Keynote featuring Professor Mark D. Janis, Robert A. Lucas Chair and Professor of Law; Director, Center for Intellectual Property Research, Maurer School of Law, Indiana University 
11:45 am – 1:00 pm
Sponsored by: Brinks Gilson & Lione

Education Session 3: Outcomes, Trends, and Practice Changes in the Patent Trial and Appeal Board 
1:00 pm – 2:15 pm
Sponsored by: Venable|Fitzpatrick

This panel will discuss current IPR statistics with a focus on biologic and small molecule drug IPRs.  This will include statistics on IPR institution rates overall, for biologics and small molecule drugs, and the impact of Patent Owners submitting declarations with their Preliminary responses.  We will also take a look at whether institution rates are changing after the April Supreme Court decision in SAS Institute.  Further discussion will include statistics relating to serial petitions and varying institution and final written decision outcomes based on claim types challenged.

Moderator: Robert S. Schwartz, PhD, Partner, Fitzpatrick

Speakers:

• Corinne E. Atton, Associate, Fitzpatrick
• James Harrington, Senior Vice President, Chief Intellectual Property Counsel, Shire Pharmaceuticals
• Gonzalo Merino, PhD, Chief Intellectual Property Counsel, Regeneron Pharmaceuticals, Inc.

Refreshment Break
2:15 pm – 2:30 pm
Sponsored by: Marshall Gerstein & Borun LLP

Education Session 4: The Role of CRISPR in Agricultural, Industrial, and Medical Biotechnology – What Every Patent Practitioner Should Know
2:30 pm – 3:45 pm
Sponsored by: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

While CRISPR technology promises technological breakthroughs in genetic manipulation and the associated treatment of disease, it poses challenges to U.S. Patent law. The panel will discuss these challenges and potential ways to address them. 

Moderator: Howard W. Levine, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Speakers:

• Benjamin Gray, Technology and Portfolio Management Lead, Benson Hill Biosystems
• Amanda Murphy, Ph.D., Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
• Murray Spruill, Vice President, Intellectual Property, Benson Hill Biosystems

Closing Remarks & Networking Happy Hour (Ballroom Foyer)
3:45 pm – 5:00 pm
Sponsored by: McNeill Baur

Remarks by:  Elizabeth A. Doherty, PhD, Partner, McNeill Baur PLLC

Join your colleagues for a brief happy hour networking session prior to our evening at the Indycar Factory!

Activity and Dinner Reception at Dallara IndyCar Factory
5:30 pm – 8:30 pm
Sponsored by: McDonnell Boehnen Hulbert & Berghoff LLP

FRIDAY, NOVEMBER 16, 2018

Breakfast
8:00 am – 8:45 am

Education Session 5: “I’ll be Back.” The FDA’s Biosimilars Action Plan, Regulatory Guidances, and Their Impact on IP
8:30 am – 9:45 am
Sponsored by: Fitzpatrick

This panel will discuss the new FDA Biosimilar Action Plan and stakeholders’ responses as well as recent FDA Guidances concerning biologics, biosimilars and interchangeables and their potential impact on IP from R&D and biologic developments into the future.

Moderator: Ha Kung Wong, Partner, Fitzpatrick

Speakers:

• Colleen McKiernan, PhD, Associate Director, Intellectual Property, Alnylam Pharmaceuticals
• Claire Vasios, Vice President, Intellectual Property, Alkermes, Inc. 

Refreshment Break
9:45 am – 10:00 am
Sponsored by: Marshall Gerstein & Borun LLP

Education Session 6: Trade Secrets in an Evolving Landscape: Practice Pointers for Biotech Patent Practitioners
10:00 am – 11:15 am
Sponsored by: Choate Hall & Stewart LLP

This panel will discuss recent happenings in trade secret law, including a national uptick in trade secret litigation, important US cases from the past year, and international perspectives on trade secret litigation.

Moderator: Anita Spieth, Counsel, Choate Hall & Stewart LLP

Speakers:

• Steve Bossone, Vice President, Intellectual Property, Alnylam Pharmaceuticals
• Kerry Flynn, VP, Chief IP Counsel, Vertex Pharmaceuticals
• David Wilson, Partner, Carpmaels & Ransford LLP

Program Adjourns 
11:15 am