Pharma & Biotech Patent Litigation USA

Sterne Kessler Director Josephine Kim spoke on the panel “Evaluating ITC 337 Actions for the Bio-Pharma Industry in View of Lashify v. ITC” during ACI’s forum on Pharma & Biotech Patent Litigation USA on October 15, 2025.

Panel Overview
As procedural changes at the PTAB are limiting opportunities for relief, eyes are now on the ITC. The Federal Circuit’s recent decision in Lashify has now made the ITC an interesting potential forum for pharma-biotech patent disputes. In this session, experienced litigators guided attendees through Lashify and discussed circumstances in which the ITC may be a suitable option.

• Examining how the Federal Circuit’s decision in Lashify may be a game-changer for life sciences companies to use the ITC as a means of patent enforcement
• Understanding how the new interpretation of the domestic industry requirement can open the door for more bio-pharma patent disputes in this forum
• Highlighting the benefits and downsides of filing disputes at the ITC
• Examining the tension between the PTAB and the ITC