American Conference Institute (ACI) will be holding its Paragraph IV on Trial conference on November 19-20, 2008 in New York. At this conference, patent litigators experienced in representing both generic and brand name drug manufacturers will work through a mock trial based on a real world ANDA filing. The mock trial, Yankee Branded Pharmaceuticals v. Metro Generic Pharmaceuticals, will allow attendees to hone advocacy and litigation skills in:
• Communicating with the judge in a clear and concise manner while presenting complex technical and scientific information to the court;
• Developing a cohesive and scientifically-supported theory to address issues raised by infringement, validity, and inequitable conduct claims during trial;
• Addressing prior art and discrepancies in the patented product's prosecution history in a manner that supports the theory of your case; and
• Handling expert and fact witnesses on the stand during direct and cross examination when testifying about sensitive product and company details.
The conference is structured as an actual trial based on an ANDA filing involving a compound and a formulation patent, during which ACI's faculty will conduct live demonstrations of direct and cross examinations. ACI's faculty will also delve into the key issues at stake during trial, including:
• Infringement -- how to lay the proper foundation through your expert in order to build your case;
• Obviousness and anticipation -- tactics for handling prior art testimony and addressing arguments of validity and invalidity;
• Secondary considerations -- strategies for effectively presenting technical experts and communicating complex, scientific and technical information to the court; and
• Inequitable conduct -- dealing with testifying patent law experts and complicated prosecution records during trial.
In addition, two panels, one comprised of six jurists experienced in patent litigation, and the other composed of six in-house IP counsel representing both brand name and generic manufacturers, will share their commentary and insights into what factors they consider when deciding and engaging in Paragraph IV litigation.
An additional master class entitled: "Litigator's master class on Paragraph IV pre-trial preparation: Filing strategies, witness selection, motions and claim construction" will be offered on November 18, 2008. During the master class, experienced patent litigators representing both brand name and generic manufacturers will discuss proven strategies for preparing for a Paragraph IV case.
The agenda and mock trial fact pattern for the Paragraph IV on Trial conference can be found here. A complete brochure for this conference, including an agenda, list of speakers, mock trial fact pattern, and registration form can be downloaded here.
The registration fee ranges from $2,195 (conference alone) to $2,795 (conference and master class). Those registering on or before September 12, 2008 will receive a $300 discount off the registration fee and those registering on or before October 24, 2008 will receive a $200 discount off the registration fee. Those interested in registering for the conference can do so here, by calling 1-888-224-2480, or by faxing a registration form to 1-877-927-1563.
Patent Docs is a media sponsor of ACI's Paragraph IV on Trial conference.
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