5th National Patent Counsel’s Forum

Conduct Effective Searches, Analyze and Present Results, and Write Opinions in a Changing and Ever-Challenging Legal Landscape. Your company’s ability to be the first to explore new areas of research and develop new and profitable processes, products, and enhancements from these endeavors is a critical competency in its quest for profitability and business longevity. However, it is imperative that in your efforts to be first that you not trespass on another company’s existing patents, thereby running the risk of ensuing — and costly — litigation. It is vital that you have the “know-how” to make early, sound, and competent business determinations as to whether you truly have freedom to operate in a given area. You must be confident in your search strategies and analysis. You must know the status of pending patent applications and be able to assess whether these pending applications are impediments to your research. Yet, the changing legal landscape is full of new uncertainties that leave you with more unresolved questions than answers as you try to make these critical freedom to operate determinations: What is the scope of the 271(e)(1) safe harbor after Integra?…In light of eBay v. Merc Exchange, how do you assess the likelihood of obtaining an injunction?…How do you assess the impact of recent case law and pending legislation on written description and enablement, claim interpretation, and inequitable conduct?...The list of questions goes on…There is one place you can equip yourself with the tools needed to overcome these uncertainties.

American Conference Institute’s 5th National Patent Counsel’s Forum on Freedom to Operate will bring you thoughtful and targeted commentary on the mechanics of making sound and competent freedom-to-operate determinations. ACI has gathered an outstanding faculty of leading in-house counsel and expert attorneys from the pharmaceutical, biotech, and chemical sectors. They will provide you with first-hand, practical, and comprehensive information on how to:

 

• Determine whether a patent is blocking and knowing your options if it is
• Complete a claim construction analysis and present it
• Incorporate the lessons learned from the latest written description cases
• Anticipate how the doctrine of equivalents will be determined by a court of law
• Assess the changing legal landscape on research tool patents and reach-through claims
• Prepare your opinion in-house and know when a second opinion by outside counsel is necessary
• Search patent and application databases abroad
• Know when and to what extent damages will be enhanced 

 

Crowell & Moring’s Janet MacLeod will be conducting a panel discussion, Completing a Claim Construction Analysis and Presenting It, as part of this two-day conference on Search Analysis, Opinion Writing, and Strategies for Minimizing Risks in the Pharmaceutical, Biotech, and Chemical Industries.