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Legal, Tactical and Practical Strategies for Protecting and Leveraging Your Pharma & Biotech Portfolio

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Legal, Tactical and Practical Strategies for Protecting and Leveraging Your Pharma & Biotech Portfolio Hear from in-house counsel, the EPO, a leading judge and Europeana member Parliament of the 23rd Forum on Biotech & Business Information In A Global Context Pharma Patenting Legal, Tactical and Practical Strategies for Protecting and Leveraging Your Pharma & Biotech Portfolio 10 & 11 October 2012 | The Sheraton Park Lane Hotel | London, UK PATENT OFFICES & ASSOCIATIONS: Attend this intensive two day conference to: European Patent Offi ce • Discover competitive patent fi ling strategies, tactics and implications of recent case law in Europe and the US on your business including: U.S. Patent and Trademark Offi ce - Brüstle v. Greenpeace European Patent Institute - HGS v Lilly EPLAW - Ranbaxy v AstraZeneca - Medeva AIPPI* • Avoid infringing anti-competition laws by tailoring your agreements and learning Asian Patent Information Services about the key factors the European Commission look for when conducting their Department, EPO investigations Member of Group of Experts Assisting • Develop patent strategies to optimise the lifecycles of your patents and extend EU Commission on the EU Patent Court your market dominance • Stay one step ahead of your competitors by discovering the latest trends and priorities MEMBER OF THE of the EPO and national patent offi ces EUROPEAN PARLIAMENT: • Avoid patent infringement when conducting clinical trials and how to use the Bolar Amedee Turner QC Exemption effectively Honorary Member of the European Parliament • Obtain Supplementary Protection Certifi cates (SPCs) to extend your patent lifecycle following Novartis IN-HOUSE REPRESENTATIVES: Eli Lilly (US and UK) NEW FOR 2012! Pfi zer (France) Interactive pre-conference workshops | Tuesday 9th October 2012 GlaxoSmithKline (UK) WORKSHOP A IP Due Diligence Procedure: Comprehensive Practical Guide to Best Practice H Lundbeck A/S (Denmark) WORKSHOP B Mylan (UK) Matters to Be Aware of When Reviewing Patent Settlement Agreements & Keygene N.V. (the Netherlands) Distribution Agreements to Minimise the Risk of Infringing Anti-Competition Laws Novartis (Switzerland) Emergent Biosolutions Inc (UK) Up to 16.5 Media Partners: CPD To register call +44 (0) 20 7878 6888 or register online at www.C5-Online.com/biotechpatenting NEW TECHNOLOGY, NEW CHALLENGES The protection and enforcement of a company’s intellectual property rights has never been more fundamental to a company’s success. At C5’s 23rd Biotech & Pharma Patenting Forum, the distinguished faculty will share legal insights and practical strategies to respond to the critical challenges facing the industry, including: • A patent examiner from the EPO will provide a detailed insider guide on how to gain a competitive advantage by aligning your patent strategies with the latest EPO initiatives and priorities • Ann De Clerq, Chair of the Biotech Committee at the European Patent Institute (EPI) will give the EPI’s perspective on the patentability of stem cells and what is patentable in light of Brüstle • Wragge & Co LLP and Dr. Fiona Bor, Director of IP at Mylan will clarify the position regarding SPCs following recent decisions in this area. Take this information back to your offi ce to optimise your SPC strategy and ensure you utilise the paediatric extension, if applicable, to secure your market position • Dr. Rob Aerts, Principal Patent Attorney at Keygene N.V. and Pierre Véron from Véron & Associés will tell you how to take advantage of the proposed EU Patent Court and European patent reform to streamline your IP strategy • Lise Abildgaard-Ryberg, Head of Patenting at H Lundbeck A/S will guide you through reviewing your patent strategy to minimise the risk of falling foul of EU anti-competition laws in an era of heightened regulatory scrutiny from the European Commission • Pfi zer will discuss the implications of Prometheus on the patent eligibility of your gene patents • The USPTO will guide you through latest developments regarding the US Patent Reform • The Asian Patent Information Services Department at the EPO will join other leading practitioners and share their knowledge and tips for success when patenting in emerging markets • Eli Lilly will share the lessons learned from the signifi cant Eli Lilly v HGS decision regarding antibody patenting and discuss the requirements of inventiveness and obviousness in Europe and the US • Amedee Turner QC, Honorary Member of the European Parliament and a key individual in the institution of patent insurance litigation schemes in the European Union will discuss the benefi ts of obtaining patent litigation insurance 9 OCTOBER 2012 | PRE-CONFERENCE WORKSHOPS WORKSHOP A: 9.00 – 12.00 WORKSHOP B: 1.30 – 4.30 IP Due Diligence Procedure: Comprehensive Practical Matters to Be Aware of When Reviewing Patent Guide to Best Practice Settlement Agreements & Distribution Agreements to Minimise the Risk of Infringing Anti-Competition Laws This hands-on master class session will provide in-depth, critical As patent settlements between originator pharmaceutical companies insights into the often overlooked aspect of the procedure for and generic companies become more numerous, they are attracting conducting IP due diligence in M&A, joint venture and licensing increased scrutiny from anti-trust authorities in the EU and US. The transactions. The workshop leader will assist you to create and employ European Commission dropped several patent settlement cases lately new procedures and policies when approaching such negotiations (GSK; AstraZeneca) but still continue to scrutinize other cases (J&J v. to ensure more effi cient and cost-effective examination of the data Novartis; Cephalon v. Teva; Servier (Perindropil); Lundbeck). The US whilst ensuring accuracy of the results. and EU Competition Authorities will be keeping a close eye on these agreements so compliance is vital. The workshop leader will guide you through agreements and provide practical and strategic tips for drafting Reserve your place today by calling +44 (0) 20 7878 6888, and reviewing these agreements to ensure you do not fall foul of anti- faxing your registration form to +44 (0) 20 878 6885, competition laws in the US or the EU. This extremely complex and sending an email to [email protected] or highly topical workshop will provide you with a complete guide to take registering at www.C5-online.com/biotechpatenting. back to the offi ce and share with your team. GLOBAL SPONSORSHIP OPPORTUNITIES C5 works closely with sponsors to create the perfect business development solution catered exclusively to the needs of any practice group, business line or corporation. With over 500 conferences held in Europe, Russia and the CIS, China, India, the US and Canada, C5, ACI and CI provide a diverse portfolio of fi rst-class events tailored to the senior level executive. For more information about this program or our global portfolio, please contact: Daria Arta on +44 (0)20 7878 6871 or email [email protected] PRE-CONFERENCE WORKSHOPS: TUESDAY 9 OCTOBER 2012 8.15 Registration and Coffee 1.00 Registration and Coffee 9.00 WORKSHOP A 1.30 WORKSHOP B IP Due Diligence Procedure: A Comprehensive Best Minimise the Risk of Infringing Anti-Competition Laws: Practices Guide to Ensure Cost Effective, Efficient Master Class on Drafting and Reviewing Patent & Accurate Due Diligence Examinations Settlement & Distribution Agreements Claire Baldock, Partner, Lise Abildgaard-Ryberg, Head of Patenting, Boult Wade Tennant* H Lundbeck A/S (Denmark)* The emphasis throughout the session will be on worked examples Patent settlement, licensing, & distribution agreements: and delegate participation including: • Drafting Tips: how to reduce the risk of infringing • An overview of the IP due diligence process from the anti-competition regulations memorandum of understanding/letter of intent through - which provisions are most problematic? to the transaction document - what provisions can you insert into your contracts? • Proven strategies for co-ordinating effectively across different - understanding the differences between the agreements jurisdictions and particular nuances that impact on drafting • Best practice for ensuring communication across internal • Reviewing the documentation: key considerations to bear departments and between different levels of management: in mind - the purpose of the task and defi ning its scope - critical terms and clauses to look out for - the documents to be reviewed - which provisions cannot be altered? - the expected contribution of each staff member and any • Examples of pro-competitive patent settlement, distribution training to be provided and licensing agreements - confi dentiality obligations • Lessons to be learned from the investigations by the - special IP-related data room procedures European Commission into anti-competitive behaviour: - the anticipated time scale - which provisions have the European Commission paid - the required method for publication of the results particular attention to? • The IP due diligence checklist: - how to minimise the risk of being investigated - level of detail of request - standard and customised requests 4.30 Workshop B Ends - co-ordination with the general/corporate request • Independent IP searches • IP due diligence results and report: DAY ONE | WEDNESDAY 10 OCTOBER 2012 - defi nition of rights - ownership 8.15 Registration and Coffee - third party rights - protection/registration - exploitation 8.45 Opening Remarks from the Chair - enforcement/disputes Ann De Clerq, Chair of Biotech Committee, • Allocating resources to the best advantage European Patent Institute (Belgium)
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