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Navigating the Challenging Antibody Patent Landscape

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The majority of the blockbuster drugs on the market today are therapeutic antibodies. However, despite record R&D investment and a growing global market for therapeutic antibodies, the ability for drug makers to obtain patent protection covering antibodies or treatment methods using antibodies has become a challenge.



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The majority of the blockbuster drugs on the market today are therapeutic antibodies. However, despite record R&D investment and a growing global market for therapeutic antibodies, the ability for drug makers to obtain patent protection covering antibodies or treatment methods using antibodies has become a challenge.Join Morrison Foerster’s Life Sciences group on September 13th for a discussion of the current state of antibody patent case law in the United States, including recent decisions regarding enablement and written description standards for claiming antibodies and unique patent considerations for innovators. We will also hear lessons learned from the team that recently helped Chugai Pharmaceuticals secure a $775 million patent litigation settlement involving method claims for an antibody product.Discussion topics will include:<ul><li>Recent patent case decisions and outcomes</li></ul><ul><li>Claim drafting strategies for valid and enforceable antibody patents</li><li>Overcoming obstacles to develop a robust antibody-related patent estate</li><li>Patentability considerations</li><li> Maximizing the value of your portfolio </li></ul>Speakers:Eric Acker, PartnerBrian Kramer, PartnerMeghan Poon, Associate<hr>

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Eric has tried more than 50 trials (including more than 47 jury trials) in courtrooms across the country and was inducted into the American College of Trial Lawyers in 2018. His cases have involved a wide variety of technologies - including software, drug compositions, antibodies, medical devices, ultra-short pulse lasers, camera-based object recognition systems and atomic force microscopes – and significant stakes for clients.For instance, in the high-profile SCO v. Novell case, following a three-week trial, the jury affirmed our client Novell’s ownership of the copyrights to the UNIX software code and rejected SCO’s claim for damages of $100 to $200 million. Eric received a California Lawyer Attorney of the Year (CLAY) Award for his defense of Novell. In the Chugai v. Alexion case involving recycling antibody technology, he helped secure a $775 million settlement for Chugai hours before jury selection and opening statements. He has recently tried intellectual property cases in district courts in seven different states.Eric was named the Best Lawyers in America San Diego Litigation Patent Lawyer of the Year in 2014 and San Diego Litigation - Intellectual Property Lawyer of the Year in 2018 and was named a “California Local Litigation Star” in the 2015-2018 and 2022 and 2023 issues of Benchmark Litigation.Prior to joining Morrison Foerster, Eric spent 10 years as a federal prosecutor in the U.S. Attorney’s Offices for the District of Columbia and the Southern District of California.

Eric Acker

Senior Counsel

Brian is a trial lawyer focusing primarily on patent litigation, often defending companies accused of patent infringement. His work spans diverse technology areas, such as pharmaceuticals, medical devices, diagnostic tools, and DNA sequencing techniques. He has also represented makers of ultracapacitors, video compression techniques, and wireless technology.Brian has successfully tried cases in U.S. district courts and successfully argued appeals before the U.S. Court of Appeals for the Federal Circuit. His trial experience includes obtaining a jury verdict of non–infringement for a client sued by a rival for over $100 million, and a bench trial involving a drug with annual sales over $4 billion.Brian is a member of the American Intellectual Property Law Association, Federal Circuit Bar Association, and American Bar Association. He is chair of the board of directors of the Japan Society of San Diego and Tijuana, and past president of the board of directors of the Legal Aid Society of San Diego.In law school, he served as an associate editor of the University of Illinois Law Review and as the first managing editor of the University of Illinois Journal of Law, Technology & Policy.

Brian M. Kramer

Partner

Dr. Meghan Poon counsels clients on patent preparation and prosecution, portfolio strategy, and IP due diligence in the areas of biotechnology and biologics. She has significant experience in diverse technologies including antibodies, cell therapies, gene therapies, diagnostics, and gene-edited plants. She represents clients ranging from large international pharmaceutical companies to midsized companies, startups, and universities.Meghan has filed numerous Patent Term Extension applications to secure additional term for her clients’ patents, which cover FDA-approved products. In addition, Meghan has extensive experience addressing complex obviousness-double patenting and subject matter eligibility issues impacting her clients’ patent portfolios. Meghan also represents clients in both investor-side and target-side due diligence, in deals from seed funding to initial public offerings.Prior to law school, Meghan attended graduate school at the University of California, Los Angeles, where she received a Ph.D. in biological chemistry based on her work on protein-protein and protein-DNA interactions at a molecular level. Meghan is the author of several scientific publications and has presented her research at international conferences.Meghan received her J.D. from the University of Southern California Law School and spent a year as a visiting student at Santa Clara University, where she focused on intellectual property.

Meghan Poon

Patent Litigation

Patent Strategy + Prosecution

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Navigating the Challenging Antibody Patent Landscape

13 Sep 2022 2:00 PM - 3:00 PM EDT