Recent Federal Circuit decisions are applying tighter limits to doctrine-of-equivalents arguments in pharma and biotech cases. This presentation explores where equivalence claims still succeed and how litigants are adjusting enforcement and design-around strategies accordingly.
Sitting at the intersection of technology and healthcare, MedTech faces a distinct set of IP litigation challenges. This MedTech Leadership Breakfast brings senior IP MedTech leaders together to discuss the litigation risks specific to the sector and to benchmark strategy and best practices with peers.
Recent Federal Circuit decisions are applying tighter limits to doctrine-of-equivalents arguments in pharma and biotech cases. This presentation explores where equivalence claims still succeed and how litigants are adjusting enforcement and design-around strategies accordingly.
Discuss how life sciences companies prepare for future patent disputes by refining early-stage litigation strategy, anticipating procedural risk, and strengthening internal readiness to improve outcomes.
John Cox
Partner
Barnes & Thornburg
With deep knowledge of issues facing the life sciences industry, John Cox counsels clients regarding their worldwide intellectual property rights and represents their patent interests when litigation arises, particularly regarding pharmaceutical, chemical, and biotechnology matters. John takes his role in protecting these important assets of life science innovators very seriously while approaching each matter with enthusiasm.
Through his ability to communicate effectively and succinctly, John advises on, develops, and carries out global IP strategies for the benefit of innovative companies, his clients, who are focused on developing core assets that save and improve the lives of patients. John enjoys leveraging his unique ability to put together targeted and enduring teams for each matter – paying close attention to each person’s strengths and skillsets and how they fit with one another, alongside his highly specialized experience and thoughtful and responsive nature.
John is intimately familiar with the pharmaceutical industry, having dealt with patent and IP subject matter ranging from brain chemistry, the gastrointestinal system, drug delivery systems and treatments of rare diseases and cancer to medical diagnostic methods, the generation of biofuel using bacteria, and processes for manufacturing chemicals and pharmaceutical products. He also has almost two decades of experience in Abbreviated New Drug Application (ANDA) cases, including pre-litigation investigations.
John offers guidance from the first step of a matter through to resolution, including all aspects of litigation. He has extensive experience related to discovery and motion practice, as well as in developing offensive and defensive strategies. He is well versed in dealing with complex subject matter and technical witnesses, such as inventors and experts.
John adeptly helps clients navigate the crossroads of foreign business practices and the complexities of U.S. patent practice, having worked with foreign pharmaceutical, chemical, and biotechnology companies throughout his career.
Lauren Baker
Associate
Barnes & Thornburg
Discuss the strategic deployment of European litigation venues for US pharma companies, including the UK High Court litigation, UPC proceedings and EPO
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oppositions, and compare the impacts on injunction risk, cost exposure, and global settlement dynamics.
Oliver Laing
Partner
Potter Clarkson
Mark Didmon
Partner
Potter & Clarkson
Examine how branded and biosimilar companies build, litigate, and defend formulation and delivery patents as core composition claims expire and these assets become the last line of exclusivity.
Lachlan Campbell-Verduyn
Partner
Patterson Belknap
Andrew Cohen
Partner
Patterson Belknap
Discuss how assignor estoppel shapes litigation strategy for biotech companies facing founder-originated patents, and discover the most effective defence, settlement, and risk management strategies.
Explore how evergreening strategies and recent EU regulatory reforms are shaping competition, access, and patent lifecycle management across the pharmaceutical landscape.
Sergio Napolitano
General Counsel & Executive Director, Legal & International Affairs
Medicines for Europe
How the Canadian and American court system deals with medical treatment and dosage cases, including Janssen Inc. v. Pharmascience Inc. (Supreme Court of Canada).