Recent Pharmaceutical, Chemical, and Biotech Case Law on Infringement Under the Doctrine of Equivalents
Includes a Live Web Event on 03/12/2026 at 2:00 PM (EDT)
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The Doctrine of Equivalents is a judicially-created doctrine allowing a court to find infringement when an accused instrumentality is insubstantially different from the patented invention, or when the accused instrumentality and the patent invention perform substantially the same function in substantially the same way to achieve the same result. This presentation will explore recent case law on the doctrine of equivalents in the pharmaceutical, chemical and biotech fields. It will include discussions of topics including the continued viability of the Doctrine of Equivalents as a tool for proving patent infringement, judicial guidance on the successful application of the “insubstantial difference” and “function/way/result” tests and how limitations on the Doctrine of Equivalents can influence prosecution and litigation strategies.
Serena Farquharson-Torres
Executive Director, Assistant General Counsel
Bristol-Meyers Squibb Company
Serena Farquharson‑Torres is an Assistant General Counsel at Bristol Myers Squibb, where she leads pharmaceutical patent matters and serves on the IP Leadership Team. She is Vice Chair of the IPO International Patent Law and Trade Committee and a recognized advocate for inclusivity in IP and STEM. Prior to Bristol Myers Squibb, she practiced patent law in private practice and held in‑house roles at Schering‑Plough/Merck and Sanofi. Serena earned her J.D. from the University of North Carolina, her Ph.D. in Biological Chemistry from the University of Minnesota, and her B.S. in Chemistry from Howard University.
Justin J. Hasford
Partner
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Justin Hasford has experience in all areas of intellectual property law. His practice focuses on complex patent litigation at the trial and appellate levels on behalf of pioneer pharmaceutical companies. He has particular experience with cases arising from Abbreviated New Drug Applications (ANDAs) under the Hatch-Waxman Act and in post-grant proceedings before the Patent Trial and Appeal Board (PTAB). Justin has also litigated trade secret, antitrust, and business method patent cases.
Sarah Tully
Genentech as Director and Assistant General Counsel, Neuroscience and CVRM IP Lead
Genentech
Sarah Tully works at Genentech as Director and Assistant General Counsel, Neuroscience and CVRM IP Lead. In her role, she works on IP policy issues with a particular focus on the biopharmaceutical industry. Prior to joining Genentech, Ms. Tully did a judicial clerkship with the Honorable Judge Raymond T. Chen at the United States Court of Appeals for the Federal Circuit. Before her clerkship, she worked as an associate at Haley Guiliano and Cooley and as a patent agent at Ropes & Gray. Ms. Tully holds a J.D. from Stanford Law School, a Ph.D. in chemistry from California Institute of Technology and a Bachelor of Arts in Biochemistry from Barnard College, Columbia University.