Tech & Innovation 2026 - Agenda

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.

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.

As PTAB challenges have become harder to initiate and sustain, this session considers when and how this could be used for plaintiffs and defendants. In sectors like MedTech, where device manufacturing, component supply chains, and the importation of medical technologies are central to disputes, the ITC can present a particularly strategic forum. This session examines when Section 337 investigations offer real strategic advantage, and when their speed and remedies create more risk than value.

• How and when the ITC offers strategic advantages over other forums.
• How parties are sequencing ITC investigations with PTAB proceedings and district court actions, in light of discretionary denial risk and parallel-proceeding dynamics.
• How SEP and FRAND arguments are treated at the ITC, including limits on injunctive relief, public-interest considerations, and how these issues affect leverage for both implementers and SEP holders.
• Compare outcomes of tech disputes at the UPC and ITC; review recent decisions and consider the benefits the UPC’s higher injunction rates.

SEP disputes continue to shape the US tech patent landscape, dominated by discussions over fair rate settings and royalty negotiations. Disputes often focus on whether parties will take a licence and on what terms, with litigation being used to apply pressure, test valuation positions, and move stalled negotiations forward. In this session, we will cover how these disputes are playing out and how companies are using litigation to shape outcomes.

• How SEP holders and implementers decide when to license, litigate, or hold out, and how US litigation strategy is shaping royalty outcomes.
• Review how rate setting negotiations play out, and how the interpretation of fair rates is evolving.
• How parallel enforcement, including actions in Brazil, is used to increase pressure and break stalled negotiations.
• How streaming platform disputes (e.g. DivX v. Netflix / Amazon) demonstrate the use of litigation to force royalty discussions and resolve holdout.
• The role of codec technologies (HEVC, VVC, AV1, AAC) and implementation patents in shaping SEP licensing and enforcement strategy.