FTO in Practice: Life Sciences & Pharmaceuticals
- Essentials of FTO: what it is, when to do it and how much it costs
- How to conduct a FTO search: strategies, scope and databases
- How to draft a FTO opinion: structure, scope and liability
- Offensive and defensive approaches: design around, licensing in/cross-licensing and other remedies
- FTO from the perspective of a life sciences company
Aims and objectivesMany life sciences and pharmaceutical companies (especially generics companies) are forced to operate in a patent jungle which is set to become denser in the years to come. In order to be successful on the market, your company or your client needs freedom to operate. Only FTO can ensure that substantial R&D investments are worth the money as the commercial exploitation of their results is not hindered by patent thickets. However, if FTO is poorly executed, your company or your client risk to get deep in the mire of patent litigation. Only if FTO is properly conducted, you will be able to see the need for designing around or licensing in respectively cross-licensing. Attend our course and be prepared for the FTO challenges of any product introduction or improvement. Discuss with our experienced speakers best practices for FTO searches and FTO opinions especially for the pharmaceutical and life sciences industries.
- FTO - what it is and what it is not
- Different types of FTO issues: patents, designs, trademarks, contractual obligations
- To FTO or not to FTO: is 'try and see' worth considering?
- Search strategy: purpose of search, level of diligence, costs
- In-house vs. outside counsel: pros and cons
- Patent search parameters: keywords, countries, applicants etc.
- The right databases: searching for patents, SPCs, marketing authorizations, designs and trademarks
- Search analysis and search report: how to structure
- Post search 'watches'
- Workshop: analysis and interpretation of a specific patent claim
- Non-infringement, direct or indirect infringement
- Remedies: assessing validity, prior art search, design around, licensing in/cross-licensing, attacking the patent/application
- Drafting the FTO opinion and how to deal with it
- Co-operation patent counsel - legal counsel: attorney-client privilege
In 2017, Dieter Kuhn joined DSM, a global science-based company active in health, nutrition and materials. Before, he was Head of IP at a Swiss generics company. Dieter is experienced in FTO, patent prosecution and patent litigation in the field of life sciences. He has a technical background in chemistry with a diploma from ETH Zurich and is one of the few European Patent Attorneys with a degree in education.
Dr. Ralph Nack is a German attorney-at-law and a partner at Noerr LLP. He has extensive experience in advising German and international companies on FTO issues, particularly pre-launch product releases. His duties also focus e.g. on German and cross-border patent infringement litigation, international licensing, and R&D contracts.
NL 2332 KG Amsterdam / Leiden
Telefon: +31(0) 71 535 5555
Fax: +31(0) 71 53 55 553
Leiden is just 16 minutes from Amsterdam Schiphol airport by train, and the course hotel is close to the central station.
Novo Nordisk A/S, Bagsvaerd, Denmark
Petosevic, Belgrade, Serbia)
Our speakers will show you strategies for a Patent Due Diligence. You will learn how a Patent Due Diligence can be conducted efficiently. You will be able to test your Patent Due Diligence skills by the means of practical exercises under the guidance of the speakers.
03.12.2019 in München
This course will outline the principles of licensing and examine every stage, from taking the decision to license, through negotiation to an in-depth analysis of an international license to what happens after the agreement has been signed.
05. - 06.12.2019 in Heidelberg
Our experienced speakers will help you to be prepared for FTO challenges when your company or your client wants to introduce new products or enhance existing ones. They will discuss with you best practices for setting up time and cost sensitive FTO searches and drafting effective FTO opinions.
06.12.2019 in Amsterdam/Leiden
Attendees will learn more on inter partes review and post-grant review and further post-grant procedures in comparison to EPO proceedings. Discuss with the speakers strategies and best practices for taking advantage of the new procedures as well as how to defend your IP when your company or your client find themselves in front of the PTAB.
19.03.2020 in München
Participants, doing business in a complex multi-jurisdictional environment, will be enabled to address difficult situations when designing and negotiating IP related agreements in cross-border projects.
19.03.2020 in Amsterdam