Partner Liane Peterson will present “Assessing Secondary Considerations in Light of Blocking Patents Post-Acorda” at the American Conference Institute’s (ACI) Paragraph IV Disputes Conference on Tuesday, April 30, 2019 in New York, New York.
Topics Peterson and the other panelists will cover include:
- Reviewing the expanding doctrine of blocking patents relative to secondary considerations
- Exploring the difficulty of presenting evidence of “negative acts”
- Considering which party bears the burden of proving the effect of the putative blocking patent
- Determining how much proof is required to overcome the “solid premise of diminished incentive” when a blocking patent is invoked?
- Analyzing how the Acorda decision effects the obviousness analysis
For more information and to register, please visit ACI’s website.
People
Related Insights
24 July 2025
Events
ACI's Inaugural Summit on GLP-1 Law & Policy
Foley partner Kyle Faget, co-chair of the firm’s Medical Devices Area of Focus, is speaking in American Conference Institute’s Inaugural Summit on GLP-1 Law & Policy on July 24.
23 April 2025
Tariff & International Trade Resource
What Every Multinational Company Should Know About…Tariff Strategies for Sell-Side Contracts
With the size and scope of President Trump’s tariffs continuing to shift, this is a critical time for businesses to assess their contracts and determine how increased tariff costs might adversely affect profitability, and whether there are any strategies to mitigate the losses.
22 April 2025
Health Care Law Today
Health Care Marketing: The Seventh Circuit Addresses “Referrals” Under The Anti-Kickback Statute
The case, United States v. Sorenson, addressed whether a Medicare-registered distributor violated the AKS in making payments to advertising, marketing, and manufacturing companies that worked to sell orthopedic braces to Medicare patients. The court held that such payments were not “referrals” within the meaning of the AKS because the payments were made to entities that were neither physicians in a position to refer their patients nor other decisionmakers in positions to “leverage fluid, informal power and influence” over health care decisions.