| Page 13 | Kisaco Research

This interactive session walks attendees through the critical early-stage decisions that shape pharmaceutical and biotech patent litigation long before trial or settlement discussions begin. Using realistic case studies, panellists will react in real time to litigation and business pressures, allowing the audience to benchmark their own instincts against experienced in-house and outside counsel perspectives.

  • How companies decide where to litigate first (district court, PTAB, ITC, or parallel paths).
  • Early forum strategy trade-offs, including cost, speed, and leverage.
  • What evidence must be preserved immediately - and what is often missed.
  • How early litigation decisions affect settlement leverage, investor messaging, and payer dynamics.

Author:

David Schramm

Head of US IP Litigation
Bayer

David Schramm

Head of US IP Litigation
Bayer

Author:

Stephanie Lollo Donahue

Head of Global Patent Litigation
Sanofi

Stephanie Lollo Donahue

Head of Global Patent Litigation
Sanofi

This session provides a practical discussion on patent litigation trends and challenges in the MedTech sector, including NPE risk, competitor suits, and the litigation constraints created by regulatory frameworks. As devices increasingly integrate software, connectivity and AI, regulatory submissions, clinical data, and product approvals are becoming central to discovery, infringement theories, and evidentiary strategy in patent disputes. In this session, we will explore how these dynamics are shaping MedTech litigation strategy and what in-house counsel can do to prepare.

  • Why NPEs are increasingly targeting MedTech companies, particularly
  • Where devices incorporate software, connectivity, and third-party technologies.
  • How regulatory evidence shapes litigation strategy, including the role of FDA submissions, clinical trial data, and regulatory timelines.
  • The litigation challenges created by AI-enabled and software-driven devices, particularly around technical evidence, product functionality, and compliance with regulatory frameworks.

Author:

Bobby Hampton

Assistant IP Counsel
Hologic

Bobby Hampton

Assistant IP Counsel
Hologic

Author:

Denise Lane

Senior VP & Global IP
Olympus

Denise Lane

Senior VP & Global IP
Olympus

Author:

Gael Tisack

Chief IP Counsel
Abbott

Gael Tisack

Chief IP Counsel
Abbott

Sitting at the intersection of technology and healthcare, MedTech faces a distinct set of IP litigation challenges. This MedTech Leadership Breakfast brings senior IP MedTech leaders together to discuss the litigation risks specific to the sector and to benchmark strategy and best practices with peers

Recent Federal Circuit decisions are applying tighter limits to doctrine-of-equivalents arguments in pharma and biotech cases. This presentation explores where equivalence claims still succeed and how litigants are adjusting enforcement and design-around strategies accordingly.

Sitting at the intersection of technology and healthcare, MedTech faces a distinct set of IP litigation challenges. This MedTech Leadership Breakfast brings senior IP MedTech leaders together to discuss the litigation risks specific to the sector and to benchmark strategy and best practices with peers.

Recent Federal Circuit decisions are applying tighter limits to doctrine-of-equivalents arguments in pharma and biotech cases. This presentation explores where equivalence claims still succeed and how litigants are adjusting enforcement and design-around strategies accordingly.

Discuss how life sciences companies prepare for future patent disputes by refining early-stage litigation strategy, anticipating procedural risk, and strengthening internal readiness to improve outcomes.

Author:

John Cox

Partner
Barnes & Thornburg

With deep knowledge of issues facing the life sciences industry, John Cox counsels clients regarding their worldwide intellectual property rights and represents their patent interests when litigation arises, particularly regarding pharmaceutical, chemical, and biotechnology matters. John takes his role in protecting these important assets of life science innovators very seriously while approaching each matter with enthusiasm.


Through his ability to communicate effectively and succinctly, John advises on, develops, and carries out global IP strategies for the benefit of innovative companies, his clients, who are focused on developing core assets that save and improve the lives of patients. John enjoys leveraging his unique ability to put together targeted and enduring teams for each matter – paying close attention to each person’s strengths and skillsets and how they fit with one another, alongside his highly specialized experience and thoughtful and responsive nature.
John is intimately familiar with the pharmaceutical industry, having dealt with patent and IP subject matter ranging from brain chemistry, the gastrointestinal system, drug delivery systems and treatments of rare diseases and cancer to medical diagnostic methods, the generation of biofuel using bacteria, and processes for manufacturing chemicals and pharmaceutical products. He also has almost two decades of experience in Abbreviated New Drug Application (ANDA) cases, including pre-litigation investigations.

John offers guidance from the first step of a matter through to resolution, including all aspects of litigation. He has extensive experience related to discovery and motion practice, as well as in developing offensive and defensive strategies. He is well versed in dealing with complex subject matter and technical witnesses, such as inventors and experts.


John adeptly helps clients navigate the crossroads of foreign business practices and the complexities of U.S. patent practice, having worked with foreign pharmaceutical, chemical, and biotechnology companies throughout his career.

John Cox

Partner
Barnes & Thornburg

With deep knowledge of issues facing the life sciences industry, John Cox counsels clients regarding their worldwide intellectual property rights and represents their patent interests when litigation arises, particularly regarding pharmaceutical, chemical, and biotechnology matters. John takes his role in protecting these important assets of life science innovators very seriously while approaching each matter with enthusiasm.


Through his ability to communicate effectively and succinctly, John advises on, develops, and carries out global IP strategies for the benefit of innovative companies, his clients, who are focused on developing core assets that save and improve the lives of patients. John enjoys leveraging his unique ability to put together targeted and enduring teams for each matter – paying close attention to each person’s strengths and skillsets and how they fit with one another, alongside his highly specialized experience and thoughtful and responsive nature.
John is intimately familiar with the pharmaceutical industry, having dealt with patent and IP subject matter ranging from brain chemistry, the gastrointestinal system, drug delivery systems and treatments of rare diseases and cancer to medical diagnostic methods, the generation of biofuel using bacteria, and processes for manufacturing chemicals and pharmaceutical products. He also has almost two decades of experience in Abbreviated New Drug Application (ANDA) cases, including pre-litigation investigations.

John offers guidance from the first step of a matter through to resolution, including all aspects of litigation. He has extensive experience related to discovery and motion practice, as well as in developing offensive and defensive strategies. He is well versed in dealing with complex subject matter and technical witnesses, such as inventors and experts.


John adeptly helps clients navigate the crossroads of foreign business practices and the complexities of U.S. patent practice, having worked with foreign pharmaceutical, chemical, and biotechnology companies throughout his career.

Author:

Lauren Baker

Associate
Barnes & Thornburg

Lauren Baker

Associate
Barnes & Thornburg

Discuss the strategic deployment of European litigation venues for US pharma companies, including the UK High Court litigation, UPC proceedings and EPO
9
All information is kept strictly confidential. Please do not distribute.
Please contact: [email protected] for further information.
oppositions, and compare the impacts on injunction risk, cost exposure, and global settlement dynamics.

Author:

Oliver Laing

Partner
Potter Clarkson

Oliver Laing

Partner
Potter Clarkson

Author:

Mark Didmon

Partner
Potter & Clarkson

Mark Didmon

Partner
Potter & Clarkson

Examine how branded and biosimilar companies build, litigate, and defend formulation and delivery patents as core composition claims expire and these assets become the last line of exclusivity.

Author:

Lachlan Campbell-Verduyn

Partner
Patterson Belknap

Lachlan Campbell-Verduyn

Partner
Patterson Belknap

Author:

Andrew Cohen

Partner
Patterson Belknap

Andrew Cohen

Partner
Patterson Belknap