Steven Lieberman and Jennifer Nock Contribute to The Sedona Conference WG10 Commentary on Patent Litigation Best Practices: Unique Aspects of Biopharma Litigation Chapter

Partners Steven Lieberman and Jennifer Nock, who are members of The Sedona Conference Working Group 10 on Patent Litigation Best Practices (WG10), played a leading role in authoring and bringing to publication for public comment The Sedona Conference WG10 Commentary on Patent Litigation Best Practices: Unique Aspects of Biopharma Litigation Chapter – Public Comment Version.

Biologic and pharmaceutical patent litigation differ from other types of patent litigation in important ways. The interplay between regulatory frameworks and patent litigation creates unique substantive and case management issues in biopharma patent cases. This Chapter focuses on those issues that are unique to or take on special significance in biopharma patent litigation, including pleading standards, unique discovery issues, patent challenges before the PTAB, and injunctive relief and public interest determinations.

The mission of Working Group 10 is to develop best practices and recommendations for patent litigation case management in the post-AIA environment. The Working Group Steering Committee is composed of members of the federal trial and appellate court benches, including judges in the Patent Pilot Program, along with litigators who primarily represent patentees and those who primarily represent accused infringers in federal court, the USPTO, and the International Trade Commission (ITC).

This Public Comment Version of this Chapter is now public and comments are welcome until January 31, 2022. Please click here to download the Chapter.