Preview: 2015 BIO International Convention
What: The impact of USPTO inter partes review proceedings on (bio)pharma
When: Tuesday June 16, 2pm—3.15pm
Where: Room 109AB
Who: Eric Steffe (moderator), Sterne, Kessler, Goldstein & Fox; Paul Golian, Bristol-Myers Squibb; Joseph Kenny, ImmunoGen; Gary Margolis, DRI Capital; and Jacqueline Wright Bonilla, US Patent and Trademark Office (USPTO)
Level: Intermediate
More: As hedge fund manager Kyle Bass fires off a series of challenges to pharmaceutical patents using the inter partes review process, what better time to discuss the fairness of the proceedings, how they are being used strategically, and their impact on developing patent portfolios? This session promises to be a balanced discussion, with speakers from healthcare investment company DRI Capital, the USPTO and biotechnology company ImmunoGen all weighing in.
What: The evolving landscape of patentable subject matter
When: Wednesday June 17, 9am—10am
Where: Room 109AB
Who: Howard Levine (moderator), Finnegan, Henderson, Farabow, Garrett & Dunner; Nathan Kelley, USPTO; and Michael Walker, DuPont
Level: Advanced
More: Major US court decisions on patentable subject matter—Mayo v Prometheus in 2012 and AMP v Myriad in 2013—left a great deal of uncertainty in their wake, uncertainty that made for one of the biggest IP talking points at BIO last year. This session, featuring speakers from the USPTO and chemicals company DuPont, will explore the subject in depth, as well as the legal and policy implications of current case law and the USPTO’s efforts to develop guidelines.
"Speakers will explore the options available for amending section 101, while considering their implications, and will also share proposed texts and invite comments from participants."
What: “Inventions patentable”: evaluating proposed amendments to section 101
When: Wednesday June 17, 10.15am—11.30am
Where: Room 109AB
Who: Konstantin Linnik (moderator), Nutter McClennen & Fish; Kristin Neuman (moderator), MPEG LA; Robert Armitage, Eli Lilly; Philip Johnson, Johnson & Johnson; David Kappos, Cravath, Swaine & Moore; Paul Michel, former chief judge at the US Court of Appeals for the Federal Circuit
Level: Intermediate
More: This session, which completes a pair of talks about patentable subject matter, focuses on section 101 of the US patent code on patent eligibility, and asks whether in light of the Mayo and Myriad decisions that rendered so many biomedical inventions unpatentable, it is time to amend section 101. Speakers will explore the options available for amending section 101, while considering their implications, and will also share proposed texts and invite comments from participants.
What: Patentable subject matter around the world: life science inventions in Canada, Europe, China, Australia and New Zealand
When: Wednesday June 17, 2pm—3.15pm
Where: Room 109AB
Who: Gary Speier (moderator), Schwegman Lundberg Woessner; Carmela De Luca, Bereskin & Parr; Alain Dong, China IPwell International Law Firm; David Nowak, Henry Hughes Patent and Trade Mark Attorneys; and Rhiannon Turner, Greaves Brewster
Level: Intermediate
More: As the US-focused sessions draw to a close, this talk aims to bring attendees up to date on IP developments around the world, providing an overview of what is considered patent-eligible subject matter in the Canadian, European, Chinese, Australian and New Zealand markets. On the agenda is the patenting of genetic material and natural products, methods of medical treatment and diagnosis, animal and plant varieties and morality exclusions. At the time of writing, lawyers from Canada, China, New Zealand and the UK are scheduled to speak.
What: Who has the keys to your IP? Protecting against IP theft
When: Thursday June 18, 9am—10.15am
Where: Room 109AB
Who: Barbara Fiacco, Foley Hoag; and Scott Rottman, Becton, Dickinson and Company
Level: All
More: The final IP session of this year’s conference focuses on strategies for protecting trade secrets and know-how at all stages of a company’s development. Panellists representing in-house and outside counsel will discuss best practices for managing the disclosure of trade secrets and how to avoid the pitfalls. The talk will also feature tips on how to protect against the theft of trade secrets, with guidance on how to work with the authorities in investigations and criminal prosecutions.
