A Trade in Molecules: The International Trade Commission as a Forum for Biopharma Patent Litigation

The International Trade Commission (ITC) has long been a hotspot for litigating high-technology and consumer products disputes. In the last twelve months we have seen a surge in biologics originators and medical device manufacturers initiating Section 337 patent investigations in the ITC. What is driving this change? How does an ITC investigation in a competitor or biosimilar dispute impact actions in other forums like the PTAB and District Court?

Join Polsinelli IP and ITC Section 337 attorneys Kendall Gurule, Brian Larivee and Lauren Peterson as they talk through the strategy and mechanics of ITC patent investigations for biopharma and medical device litigation.

Agenda

• What is driving the increase in biopharma Section 337 patent litigation investigations?
• Interaction between an ITC proceeding, the PTAB and District Courts
• Distinguishing ITC litigation from District Court litigation: BPCIA and the Hatch-Waxman Act
• Rocket Docket: How do Section 337 Patent investigations work? What is similar and what is different
• Most effective patent claims for ITC investigations