Revisiting In re Cellect: Strategy Adjustments and the Narrowing Impact of Allergan USA v. MSN Labs

Recorded On: 08/21/2024

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As we approach the one-year anniversary of the Federal Circuit’s landmark opinion in In re Cellect, this webinar will provide an in-depth review of the decision, analyzing the arguments from both sides and its broader implications on patent prosecution strategies. Our panel of experts will delve into the challenges posed by obviousness-type double patenting (ODP), including how these challenges affect jointly owned assets. The discussion will highlight practical strategies for mitigating ODP risks through careful patent portfolio management. Speakers will also explore the recent Federal Circuit decision in Allergan USA v. MSN Labs, issued on August 13, 2024, which appears to narrow the impact of Cellect, offering fresh perspectives on how this ruling may influence the evolving legal landscape of ODP. This timely discussion will equip attendees with valuable insights for navigating these ongoing challenges in patent law.

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.

Gary Gershik

Partner

Amster, Rothstein & Ebenstein LLP

Gary J. Gershik specializes in global patent procurement and enforcement, serving a range of clients from academic institutions to Fortune 500 companies. His expertise spans biotechnology, chemistry, and pharmaceuticals. He manages intellectual property and regulatory strategies, provides opinions on patentability and infringement, and has extensive experience in drafting and prosecuting patents domestically and internationally. Gary also handles litigation in U.S. Federal Courts and administrative proceedings before the U.S. Patent and Trademark Office, including Inter-Partes Review (IPR) and Post-Grant Review (PGR), as well as international patent offices.

Jennifer Richie

IP Attorney

Leydig, Voit & Mayer, Ltd.

Jennifer (Jen) Richie is an intellectual property attorney at Leydig, Voit & Mayer, Ltd. Jen’s practice focuses on patent prosecution, due diligence, and intellectual property transactions. Her technical areas in patent prosecution include biotechnology, biomedical compositions and devices, and the chemical arts.

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Revisiting In re Cellect: Strategy Adjustments and the Narrowing Impact of Allergan USA v. MSN Labs

08/21/2024 at 2:00 PM (EDT) | 60 minutes

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Revisiting In re Cellect: Strategy Adjustments and the Narrowing Impact of Allergan USA v. MSN Labs (RECORDING)

Open to view video. | 60 minutes

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