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Gain firsthand insight into how judges from the PTAB and federal courts in key jurisdictions are approaching pharmaceutical and biotech patent disputes. This session offers a rare opportunity to hear directly from the decision-makers on litigation strategy, evidentiary expectations, and what most influences outcomes in complex patent cases.

Author:

Klaus Grabinski

Honorable Judge & President of the Court of Appeals
Unified Patent Court (UPC)

Klaus Grabinski

Honorable Judge & President of the Court of Appeals
Unified Patent Court (UPC)

In light of recent changes in PTAB practice under new USPTO Director John A. Squires, in-house teams are reassessing disclosure risk, IPR exposure, and long-term enforceability, particularly for manufacturing processes, algorithms, and data-driven know-how. This session focuses on how companies are making these calls in practice, and how patent strategy is directly shaping trade secret risk in later disputes.

  • How PTAB institution trends, discretionary denial, and parallel-proceeding strategy are influencing decisions to rely more heavily on trade secrets.
  • Where patent specifications, prosecution history, and expert positions have later been used to argue that information was disclosed and no longer secret.
  • Managing the risk of over-disclosure in patent filings while preserving meaningful trade secret protection.
  • When companies deliberately shift from patenting to trade secret protection over a product’s lifecycle, and what triggers that shift.

Author:

Erica LoRe

Senior Director, Intellectual Property Counsel
Invivyd

Erica LoRe

Senior Director, Intellectual Property Counsel
Invivyd

Author:

Damon Gupta

Senior Patent Counsel
Genentech

Damon Gupta is a Director, Patent Counsel at Spark Therapeutics, Inc., a leader in gene therapy and member of the Roche Group. With over a decade of experience in intellectual property (IP) law and a background in molecular biology, Damon advises biotechnology and pharmaceutical companies on patent strategy, IP transactions, and risk mitigation. At Spark, Damon leads efforts to protect proprietary assets, including trade secrets, manage IP disputes, and provides IP support to cross-functional teams, including R&D, manufacturing, and corporate transactions. Damon holds a J.D. from Chicago-Kent College of Law, an M.S. from Baylor College of Medicine, and a B.S. from The Ohio State University.

Damon Gupta

Senior Patent Counsel
Genentech

Damon Gupta is a Director, Patent Counsel at Spark Therapeutics, Inc., a leader in gene therapy and member of the Roche Group. With over a decade of experience in intellectual property (IP) law and a background in molecular biology, Damon advises biotechnology and pharmaceutical companies on patent strategy, IP transactions, and risk mitigation. At Spark, Damon leads efforts to protect proprietary assets, including trade secrets, manage IP disputes, and provides IP support to cross-functional teams, including R&D, manufacturing, and corporate transactions. Damon holds a J.D. from Chicago-Kent College of Law, an M.S. from Baylor College of Medicine, and a B.S. from The Ohio State University.

Recent court decisions in Skinny Label cases show that liability increasingly focuses on post-launch conduct and real-world use, not label text alone. A panel of leading in-house counsel and litigators with innovative, biosimilar, and regulatory perspectives will address shifting litigation strategy.

  • How branded and biosimilar companies should align legal, regulatory, and commercial behaviour.
  • Analyse GSK v. Teva (Coreg) and the evidentiary role of marketing materials, sales conduct, and physician messaging.
  • Discuss the original ruling in Amarin Pharma v. Hikma (Fed. Cir. 2024) , and examine the significance of Supreme Court review.
  • Clarify evolving boundaries of permissible conduct for medical affairs, market access, and commercial teams.
  • Compare with decisions made in other key jurisdictions including Canada and Europe.

Author:

Chuck Klein

Partner
Winston & Strawn

Chuck Klein

Partner
Winston & Strawn

Author:

Sanjaya Mendis

Partner
McCarthy Tétrault LLP

Sanjaya Mendis is a partner and life sciences IP litigator at McCarthy Tétrault LLP based in Toronto, Canada. The IP Litigation group is ranked Band 1 in Chambers and recently received the Patent Litigation Firm of the Year by LMG Life Sciences. Sanjaya handles complex cross-border contentious patent disputes and has represented clients in all levels of Canadian courts, including the Supreme Court. Sanjaya’s recent notable experience includes: Regeneron/Bayer (aflibercept); AbbVie (adalimumab); Merck (sitagliptin); and BMS/Pfizer (apixaban).

Sanjaya Mendis

Partner
McCarthy Tétrault LLP

Sanjaya Mendis is a partner and life sciences IP litigator at McCarthy Tétrault LLP based in Toronto, Canada. The IP Litigation group is ranked Band 1 in Chambers and recently received the Patent Litigation Firm of the Year by LMG Life Sciences. Sanjaya handles complex cross-border contentious patent disputes and has represented clients in all levels of Canadian courts, including the Supreme Court. Sanjaya’s recent notable experience includes: Regeneron/Bayer (aflibercept); AbbVie (adalimumab); Merck (sitagliptin); and BMS/Pfizer (apixaban).

Author:

Shana Cyr

Head of Patent Litigation
Bristol Myers Squibb

Shana Cyr

Head of Patent Litigation
Bristol Myers Squibb

Author:

Viviane Kunisawa

Partner
Daniel Law

Viviane Kunisawa

Partner
Daniel Law

Artificial intelligence is transforming the trade secret threat landscape. As companies deploy internal AI tools, enterprise search, co-pilots, and agentic systems, the risks posed are increasingly subtle, scalable, and harder-to-detect. Employees can extract and synthesise sensitive information without direct access to underlying repositories, and at a speed and scale that outpaces many legacy legal technical and compliance controls.  This session will examine the risks posed by internal use of artificial intelligence, consider how AI is changing the mechanics of trade secret misappropriation, and question how legal, technical, and governance frameworks must evolve in response.

  • Examine how AI changes the mechanics of trade secret misappropriation, internal access, intent monitoring and proof.
  • Explore how agentic AI may enable the collection summarisation and external extra-filtration of sensitive information.
  • Address the growing tension between productivity and protection - how can companies embrace AI tools without unintentionally creating a machine assisted insider threat environment?
  • Discuss emerging legal, technical, investigative and governance challenges, such as: When does an AI query constitute misappropriation? How should practitioners design reasonable measures, considering the risks posed by internal AI use?
 

Humna Khan

Head of Procurement and Product Performance
Abbott Lyon

Humna Khan

Head of Procurement and Product Performance
Abbott Lyon

Humna Khan

Head of Procurement and Product Performance
Abbott Lyon
 

Sophie Robins

Technical Lead - Food Systems UK & Europe
Forum for the Future

Sophie Robins

Technical Lead - Food Systems UK & Europe
Forum for the Future

Sophie Robins

Technical Lead - Food Systems UK & Europe
Forum for the Future
 

Phil Harris

Chief Revenue Officer
Arva Intelligence

Senior executive with deep experience in environmental markets, capital markets, financial technology, blockchain, digital supply chains, and food traceability. Specializes in corporate development, revenue strategy, commercial growth, and scaling technology solutions across global industries, with a strong track record in sales leadership, partner engagement, and investor support.

Phil Harris

Chief Revenue Officer
Arva Intelligence

Phil Harris

Chief Revenue Officer
Arva Intelligence

Senior executive with deep experience in environmental markets, capital markets, financial technology, blockchain, digital supply chains, and food traceability. Specializes in corporate development, revenue strategy, commercial growth, and scaling technology solutions across global industries, with a strong track record in sales leadership, partner engagement, and investor support.

 

Ambar Arif

Director, Supply Chain Resilience
Mars

Ambar Arif

Director, Supply Chain Resilience
Mars

Ambar Arif

Director, Supply Chain Resilience
Mars
 

Kashif Patel

Global Strategic Buyer
Decathlon

Kashif Patel

Global Strategic Buyer
Decathlon

Kashif Patel

Global Strategic Buyer
Decathlon