Sterne Kessler sponsored ACI’s 21st Annual Paragraph IV Disputes Conference. Director J.C. Rozendaal was a panelist during the “Examining How §112 Challenges are Playing Out in Hatch-Waxman Litigation: Key Takeaways for Brands and Generics” session. The panel focused on:
- Examining how §112 is being applied in the District Courts post Amgen v. Sanofi
- Analyzing patent validity decisions pre and post Amgen
- Exploring opportunities to recapture breadth and scope for brand innovation
- Genus versus species claims
- Assessing whether Jepson and means plus function claims are still viable routes
- Exploring how the Federal Circuit discussion on §112 in Teva v. Amneal could impact future Hatch-Waxman litigation for both brands and generics
- Developing strategies for patent drafting through to litigation
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