Publications & Presentations
October 2, 2018

ACI Paragraph IV Disputes Master Symposium
October 2 - 3, 2018 | Chicago, IL

Polsinelli is proud to announce that Shareholders Gary E. Hood and Taras A. Gracey will present at the American Conference Institute's Paragraph IV Disputes Master Symposium in Chicago, Illinois. The yearly event focuses on the latest developments affecting Abbreviated New Drug Application litigation.

The Future of Venue and Jurisdiction: Examining the Latest Interpretations and Applications of
TC Heartland

Tuesday Oct. 2, 2018 | 9:00 AM
Co-Presented by: Gary E. Hood

  • Understanding the repercussions and practical implications of the TC Heartland decision on pharmaceutical patent infringement filings
  • Examining how different jurisdictions are interpreting the TC Heartland decision
  • Exploring venue and jurisdiction strategies that are being used in the wake of TC Heartland?
  • Assessing how patent holders are increasing their reliance on the second prong of the venue statute
  • Examining post-TC Heartland legal challenges relative to:
    • Regular and established place of business
    • Active infringement
    • Corporate affiliates
    • Pre-suit contacts
    • States with multiple districts
  • Assessing the filing and docket challenges of new hot bed jurisdictions  in the aftermath of TC Heartland
  • Addressing the current challenges of Multi-District Litigation
  • What happens if the MDL judge is located in a jurisdiction where no party “resides?”

A Question of Sovereignty: A Retrospect on Invoking Tribal and State Sovereign Immunity as a Means of Patent Protection
Tuesday Oct. 2, 2018 | 9:00 AM
Co-Presented by: Taras A. Gracey

On July 20, 2018, the Federal Circuit upheld the PTAB’s denial of the St. Regis tribe’s invocation of the tribal sovereign immunity defense to an IPR proceeding in Allergan, Inc. v. Teva Pharmaceuticals. With this matter now decided, the Federal Circuit has still to rule on a novel question of state sovereign immunity in an IPR action. This panel will explore these matters as well as the latest developments in the Sovereign Immunity arena.

  • Analyzing the significance of the Federal Circuit’s decision holding that the defense of tribal sovereign immunity does not apply to IPR proceedings
    • Assessing the probability of Supreme Court review in this matter
  • Update on the Preserving Access to Cost Effective Drugs (PACED) Act seeking to prevent the abuse of sovereign immunity defenses
  • Examining matters in which state sovereign immunity has been invoked by public universities as a bar to IPRs and as a means of patent protection
    • Regents of the University of Minnesota v. LSI Corp., case number 18-1559, pending (Fed. Cir. 2018)
    • Covidien LP v. University of Florida Research Foundation Inc. (Fed. Cir. 2017)

More information on the conference, as well as online registration, can be found here.