Enablement and Written Description in the Spotlight

Includes a Live Web Event on 12/01/2022 at 2:00 PM (EST)

For the first time since the founding of the Federal Circuit, the Supreme Court will be taking a close look at Section 112.  The Supreme Court has granted certiorari in Amgen v. Sanofi on the following question: Whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to “make and use” the claimed invention, 35 U.S.C. §112, or whether it must instead enable those skilled in the art “to reach the full scope of claimed embodiments” without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial “time and effort.” And while the Supreme Court denied certiorari in a closely watched written description case, Juno v. Kite, the law of written description could very well be affected by what the Supreme Court does in Amgen. Our panel of distinguished inhouse counsel, Larry Coury, Stephanie Donahue, Henry Hadad, and Stuart Watt, moderated by experienced trial counsel, Paul Berghoff, will guide us through the issues and arguments concerning the current state of enablement and written description law and where the law may be headed.

Paul Berghoff

Founder

McDonnell Boehnen Hulbert & Berghoff LLP

Paul Berghoff, founder of McDonnell Boehnen Hulbert Berghoff LLP, has three decades of experience as lead trial counsel in complex patent litigation – both jury and bench trials and PTAB proceedings – concentrating in litigation involving pharmaceuticals, medical devices, biotechnology, electronics, and software. He has successfully tried scores of patent cases and has successfully argued dozens of times before he US Court of Appeals for the Federal Circuit. He services as Chair of the firm’s Litigation & Appeals Practice Group.  He is Vice-Chair of IPO’s Amicus Brief Committee.

Larry Coury

Vice President, Head of Litigation and Associate General Counsel

Regeneron Pharmaceuticals, Inc.

Larry Coury is Vice President, Head of Litigation and Associate General Counsel at Regeneron Pharmaceuticals, Inc. in Tarrytown, NY.  Larry oversees all of Regeneron’s litigation matters, including patent matters, and he is a registered patent attorney.  Prior to joining Regeneron, Larry was in private practice at Fish & Neave, Paul Weiss, and Cravath.  Larry received his Ph.D. in Biophysics from Harvard University, and his J.D. from Fordham Law School. 

Stephanie Donahue

Principal Counsel, Global Patent Litigation

Sanofi

Stephanie Donahue is global in-house patent litigation counsel at Sanofi. She is responsible for managing patent infringement litigation brought by and against Sanofi around the world. In that role, among other things, she develops and executes strategic patent infringement litigation action plans, negotiates patent infringement settlements, and communicates case developments and litigation risks to senior management.  Prior to joining Sanofi in 2014, Stephanie practiced at various law firms for over 10 years. She was Counsel at Vinson & Elkins LLP and an associate at Fitzpatrick, Cella, Harper & Scinto (now Venable LLP). 

Henry Hadad

Senior Vice President, Innovation Law

Bristol-Meyers Squibb Company

Henry Hadad is Senior Vice President and Deputy General Counsel at Bristol-Myers Squibb in Princeton, NJ, where he is Chief Intellectual Property Counsel, as well as lead counsel to Research & Early Development. He was also Chief IP Counsel at Schering-Plough Corporation, and held prior roles at Johnson & Johnson and in private practice. Henry is a member of numerous IP organizations, and is a past president of Intellectual Property Owners Association. He holds a B.S. in Biology from Haverford College and a J.D., cum laude, from the American University, Washington College of Law. 

Stuart Watt

Vice President, Law & Intellectual Property Officer

Amgen, Inc.

Stuart Watt is Vice President of Law and Intellectual Property Officer of Amgen Inc. and leads a group of 45 patent attorneys responsible for patent strategy, filing and prosecution of patent applications in the U.S. and foreign countries, patent litigation, and patent licensing.  Mr. Watt has actively represented Amgen in patent litigation in the U.S. and various countries around the world. He joined Amgen in 1992.  Prior to that time, he was associated with the patent law firm of Richards, Medlock & Andrews (now Sidley & Austin) in Dallas, Texas.  Mr. Watt is a graduate of Brigham Young University (B.S.Ch.E.) and the University of Washington School of Law (J.D.).

Key:

Complete
Failed
Available
Locked
Enablement and Written Description in the Spotlight
12/01/2022 at 2:00 PM (EST)   |  60 minutes
12/01/2022 at 2:00 PM (EST)   |  60 minutes
CLE Credit
4 Questions
4 Questions CLE credit will be available for registered attendees only. If you would like CLE credit for this webinar, please complete the following questions. IPO will apply for CLE for all live programs in the majority of the states that require CLE. IPO will not be applying for CLE in the states of Florida, Ohio, South Carolina, West Virginia, or Texas (attorneys in TX may submit up to 5 hours of self-study credit). Once IPO has received approval from the state(s) CLE boards , certificate(s) of attendance will be available for download from your dashboard.
Evaluation Survey
13 Questions
CA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available California has approved this course for 1 hour of CLE credit. Only registered attendees that viewed this course are eligible to claim credit. To claim your credit, select "Claim Credit" then "View/Print Certificate" for your records.
IL Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Illinois has approved this course for 1 hour of CLE credit. Only registered attendees that viewed the course are eligible to claim credit. To claim credit, select "Claim Credit" then "View/Print Certificate" for your records.