Past Agenda
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Day 1 - Monday, May 30, 2022
| 8:00 |
Registration & Networking Refreshments |
| 9:00 |
Co-Chairs’ Opening Remarks |
| 9:10 |
Preparing for the Unitary Patent and the Unified Patent Court: Ratification, Implementation, and Protocols |
| 10:00 |
Plausibility, Sufficiency, and Inventive Step: Considerations for Formulation and Combination Patents in Europe |
| 11:00 |
Networking Break |
| 11:30 |
European Supplementary Protection Certificates (SPCs): Scope, Duration and Requirements |
| 1:00 |
Networking Luncheon |
| 2:30 |
Strategies for Patent Enforcement: Protecting Patent Rights and the Procedures to Enforce Them |
| 3:30 |
Networking Break |
| 4:30 |
Second Medical Use: Reconciling Infringement and Enforcement |
| 5:30 |
Day One Concludes
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Day 2 - Tuesday, May 31, 2022
Day 1 - Monday, May 30, 2022
| 8:00 |
Registration & Networking Refreshments |
| 9:00 |
Co-Chairs’ Opening Remarks Dominic Adair  Bert Oosting |
| 9:10 |
Preparing for the Unitary Patent and the Unified Patent Court: Ratification, Implementation, and Protocols Domien Op de Beeck  Jochen Herr The Unitary Patent and the Unified Patent Court have been designed to bring forth a simpler, cost-effective means of protecting and enforcing patents in Europe. The introduction of the UP and the UPC will impact all applicants and patentees seeking protection in Europe through the EPO. This session will analyze the changes and provide attendees with a handbook for the future.
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| 10:00 |
Plausibility, Sufficiency, and Inventive Step: Considerations for Formulation and Combination Patents in EuropeBert Oosting  Sabrina Duschner Plausibility in the context of the inventive step and sufficiency requirements can be a contentious issue. To discern whether an invention is purely speculative, the Boards of Appeal of the EPO have developed the doctrine of “plausibility” in the context of sufficiency of disclosure as well as inventive step. On 11 October 2021, a Technical Board of Appeal referred questions to the Enlarged Board of Appeal of the EPO on plausibility and inventive step. As we await the Board of Appeal to issue the written decision, this session will consider in what situations post-published evidence can be considered to support the effect of the invention. Topics of discussion will include:
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| 11:00 |
Networking Break |
| 11:30 |
European Supplementary Protection Certificates (SPCs): Scope, Duration and Requirements Steven Baldwin  Sture Rygaard The United Kingdom has become a fully independent third country to the European Union. Implementing the trade agreement the UK has made with the EU represents a formidable challenge facing the pharmaceutical industry. Intellectual property and the pharmaceutical and biotech sectors are significant considerations for both the UK and the EU following Brexit. This session will shine a spotlight on the impact of Brexit on the pharmaceutical industry, focusing on the challenges ahead as well as areas of opportunity for the UK. Topics of discussion will include:
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| 1:00 |
Networking Luncheon |
| 2:30 |
Strategies for Patent Enforcement: Protecting Patent Rights and the Procedures to Enforce Them António Andrade  Laëtitia Bénard  Dr Penny Gilbert The European patent system is experiencing a major reformation centered on the idea of unifying the European patent system. For decades, patent enforcement decisions across jurisdictions within Europe have produced contradictory enforcement decisions across jurisdictions within Europe. There are important differences and particularities in the legal systems across the jurisdictions, and the strategies for practicing, protecting and enforcing must take these differences into account. Topics of discussion will include:
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| 3:30 |
Networking Break |
| 4:30 |
Second Medical Use: Reconciling Infringement and Enforcement Sara Burghart  Josep Montefuso  Jonas Westerberg  Koen Bijvank Patents that cover new uses for previously known medicines are called “second medical use patents”. This form of patent protection has drawn much attention in recent years as courts around the world continue to adjudicate the complex questions that underlie them. Topics of discussion will include:
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| 5:30 |
Day One Concludes
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Day 2 - Tuesday, May 31, 2022
| 8:00 |
Networking Breakfast |
| 9:00 |
Co-Chairs’ Opening RemarksDominic Adair Bert Oosting |
| 9:10 |
Global Strategies for Biosimilars and Innovator Biologics: From Patent Protection to Cost and Market Access Rieke Kaup  Shohta Ueno, PhD  Otto Licks  Peter van Schijndel  Heli Pihlajamaa In 2022, the introduction of efficient regulatory pathways, the application of competition law and a novel court system in Europe will significantly impact the way in which biosimilar medicines will enter the marketplace. Further, some of the best-known biologic medicines will lose patent protection over the next five years. During this session, topics of discussion will include:
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| 10:10 |
Compulsory Licensing: Access to Medicines, The TRIPS Agreement and Vaccines Peter Ling  Daan de Lange
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| 11:10 |
Networking Break |
| 11:30 |
Patent Enforcement Liability Towards Third Parties: Liability and Unjust Enrichment on Retrospectively Invalid Patents Jean-Hyacinthe de Mitry  Eran Bareket  Ruud van der Velden On October 14, 2020 the decision in Menzis/AstraZeneca was issued by the District Court of The Hague. The District Court considered AstraZeneca liable for damages vis-à-vis health insurer Menzis because of AstraZeneca’s enforcement of a patent against a generic manufacturer. AstaZeneca was initially awarded an injunction which AstraZeneca enforced, but the patent was later revoked. The District Court held that AstraZeneca had been unjustifiably enriched at the expense of health insurer Menzis by enforcing the preliminary injunction based on the patent against the generic manufacturer. The District Court considered that the enforcement precluded Menzis from designating a generic quetiapine product as ‘preferred product’ under its preference policy, so that Menzis had to reimburse the price of the originator product instead of a cheaper generic product. |
| 1:00 |
Networking Luncheon |
| 2:00 |
Artificial Intelligence, Data and Drug Development: Accelerating Drug Discovery and Development Peter Silverman  Dr. Philipp Marchand  Richard Bonneau
|
| 3:00 |
Remedies and Alternative Measures: Injunctions, Corrective Measures and Rules on Procurement of EvidenceDominic Adair  Dr. Kai Rüting  Selma Ünlü  Benjamin May |
| 4:00 |
Alternative Dispute Resolution: The Shift from Ordinary Proceedings Towards ADR Professor Dr. Maximilian Haedicke
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| 5:00 |
Conference Concludes |