| Page 24 | Kisaco Research

How MedTech companies decide when to patent device innovation and when to rely on trade secret protection, balancing enforcement leverage, disclosure risk, and reverse engineering realities.

Author:

Eda Stark

Global IP Transactions & Litigation Managing Counsel
Olympus

Eda Stark

Global IP Transactions & Litigation Managing Counsel
Olympus

Author:

Gabriel Olander

Associate GC, IP Strategy
Intuitive

Gabriel Olander

Associate GC, IP Strategy
Intuitive

How and when to use ex parte re-examination to narrow or reshape asserted claims, weaken infringement theories, and create leverage without the visibility or estoppel risks of IPR.

As life sciences patent disputes increasingly span multiple jurisdictions and rely on a wider range of venues beyond the traditional US forums, litigation in the ITC, UPC and Brazil are becoming increasingly viable options. This session compares the benefits of these jurisdictions and sequencing forums to maximise leverage, manage risk, and protect market access across the ITC, UPC and Brazil.

  • Deciding between the ITC, UPC, and Brazil based on speed, remedies, and procedural posture.
  • When ITC Section 337 actions provide strategic advantage alongside or instead of Hatch-Waxman or BPCIA litigation.
  • How the UPC and Brazilian courts offer injunction pressure unavailable in US proceedings.
  • How venue choice affects discovery scope, timing, and settlement leverage in pharma and biologics patent disputes.
  • Coordinating US, European, and Brazilian actions to manage estoppel, delay, and strategic enforcement.

Author:

Eduardo Hallak

Founding Partner
Licks Attorneys

Eduardo Hallak is one of the founding partners at Licks Attorneys and one of our leaders at the Sao Paulo office. For more than a decade, he has been working as a litigator before state and federal courts in Brazil in several complex disputes and leading cases involving Patent law, competition, and regulatory compliance, most of them pursuing the interests of clients in the area of life sciences. He also has extensive practice in trademark litigation as well as technology transfer contracts, working together with multinational clients to establish strong brand protection and licensing programs in the country. Mr. Hallak also currently teaches IP litigation in the Post-Graduation course at the prestigious Pontifical Catholic University of Rio de Janeiro (PUCRJ), has taught Civil Procedure at the at the Brazilian Association of IP Agents (ABAPI), and is often invited to lecture on procedural and strategic aspects of IP litigation, in addition to being a member of the Special Commission on Mediation of the Rio de Janeiro Chapter of the Brazilian Bar Association (OABRJ) and the Enforcement Committee of INTA.

Eduardo Hallak

Founding Partner
Licks Attorneys

Eduardo Hallak is one of the founding partners at Licks Attorneys and one of our leaders at the Sao Paulo office. For more than a decade, he has been working as a litigator before state and federal courts in Brazil in several complex disputes and leading cases involving Patent law, competition, and regulatory compliance, most of them pursuing the interests of clients in the area of life sciences. He also has extensive practice in trademark litigation as well as technology transfer contracts, working together with multinational clients to establish strong brand protection and licensing programs in the country. Mr. Hallak also currently teaches IP litigation in the Post-Graduation course at the prestigious Pontifical Catholic University of Rio de Janeiro (PUCRJ), has taught Civil Procedure at the at the Brazilian Association of IP Agents (ABAPI), and is often invited to lecture on procedural and strategic aspects of IP litigation, in addition to being a member of the Special Commission on Mediation of the Rio de Janeiro Chapter of the Brazilian Bar Association (OABRJ) and the Enforcement Committee of INTA.

Author:

Molly Grammel

Partner
Goodwin Procter LLP

Molly Grammel

Partner
Goodwin Procter LLP
 

Rama Elluru

Senior Advisor for AI Governance and Intellectual Property
Special Competitive Studies Project

Rama Elluru

Senior Advisor for AI Governance and Intellectual Property
Special Competitive Studies Project

Rama Elluru

Senior Advisor for AI Governance and Intellectual Property
Special Competitive Studies Project