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Pharma/Biotech Patent Litigation Conference

Event | 02.17.09 - 02.18.09, 12:00 AM UTC - 12:00 AM UTC

Expert practitioners with vast experience in managing complex patent litigation will provide practical and strategic advice on:

  • How to approach settlement agreements in the wake of uncertainty resulting from the EC Sector Inquiry
  • The current status of obviousness in the EU and US post KSR and Angiotech
  • Case law updates including HGS, Lundbeck and Esai v Dr Reddy's
  • Improving your approach to litigation across the EU through assessment of recent judicial decisions
  • Aligning your litigation strategy with corporate goals
  • Mastering the challenges of coordinating information flow and legal teams across borders during litigation

Sean-Paul Brankin will speak on "The EU Sector Inquiry: Implications for Patent Litigation and Settlements".

  • Review of the current climate: the impact of the Inquiry to date
  • The implications of the Commission’s Preliminary Report for patent litigation and settlement
  • What is the appropriate approach in this area pending the Final Report?
  • The role of anti-trust in the pharma sector going forward

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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