Foley Partner Harold Wegner and Senior Counsel Jim Ewing spoke at the American Conference Institute’s (ACI) 10th Advanced Forum on Biotech Patents in Boston, Massachusetts on September 15, 2008.
Mr. Wegner spoke on Key Biotech Cases to Watch and How They May Impact Your Practice, in his presentation he covered the following:
- Upcoming cases on the Court’s roster and discussed their impact on biotech patent practices.
Mr. Ewing spoke on Navigating the Board of Patent Appeals and Interferences in Light of the KSR decision. Mr. Ewing covered these key points:
- Examining BPAI decisions in light of KSR and the direct affect on the biotechnology industry and its attempt to appeal unfavorable decisions
- Tracking trends post-KSR: what you can expect when appealing your decisions
- The other options: Exploring alternative remedies for protecting your biotech patent outside of the BPAI and the PTO
- Developing an effective biotech patent strategy when the BPAI and the Federal Circuit are in conflict
- Predicting the impact of increase public scrutiny of the BPAI
- Potential changes to the BPAI should the caseload rise, and what they may mean for the patent appeal process
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