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Post-filing Evidence: When the cards are stacked against you, do you have an ace up your sleeve?

  • August 22, 2019
  • 12:00 PM - 1:00 PM
  • GoToWebinar

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Speakers:

  • Christoper Bezak, Partner, Sughrue Mion, United States
  • Daniele Ethier, Partner, ROBIC, Canada
  • Richard Gibbs, Partner, Marks & Clerk, United Kingdom
  • Moderator: Ellen Smith, Partner, Sughrue Mion, United States

Summary

Post-filing evidence is generally allowable to support deficiencies in a patent application, such as those related to lack of enablement or inventive step, or in a granted patent, for example, when the patent is undergoing an invalidation action.  However, not every jurisdiction treats this practice similarly.  This webinar will provide an overview of practice in Canada, the United States, and Europe.  

Biographies

Christopher Bezak is a partner in the Washington, D.C. office of Sughrue Mion, in the Electrical and Internet E-Commerce & Software Practice Groups, with industry background in Information Technology and Computer/Telecommunications networks.  Mr. Bezak’s practice areas cover complex subject matters including Artificial Intelligence (AI), Internet technologies, and Standard Essential Patents (SEPs) in telecommunications (3G/4G/etc.) and audio/video encoding.  And Mr. Bezak’s practice areas include patent opinion, counseling, and due diligence, and patent application drafting and patent prosecution before the U.S. Patent and Trademark Office, including before the Patent Trial and Appeal Board (PTAB) in ex parte appeals and Inter Partes Review (IPR) post-grant challenges, as well as in U.S. District Courts. 

Danièle Ethier is a registered patent agent and a partner at ROBIC, a Canadian based intellectual property law firm. Danièle specializes in intellectual property with a focus on patent procurement and opinions in the life sciences sector. She has extensive experience in protecting innovations relating to pharmaceuticals and biologicals. Prior to joining ROBIC, she held the position of Director, Intellectual Property at Virochem Pharma. Danièle also held a similar position, in the global intellectual property group of Shire Pharmaceuticals, where she was responsible for managing an important patent portfolio in a variety of core areas including antiviral and vaccine technologies. Danièle graduated from Université de Montréal with a Bachelor in Biochemistry (B. Sc.).

Richard Gibbs has over 15 years of experience in the IP profession; in that time he has gathered an extensive portfolio across all types of client – from large multinational companies to universities, SMEs and start-ups and individuals. With experience of all forms of IP, Richard advises in the field of biotechnology and has particular expertise in technologies relating to genetic testing (pre-natal diagnosis), antibodies, stem cells, vaccines, biologics, virology, bacteriology, diagnostics and molecular biology. He has worked with all of Scotland’s major universities and is a regular speaker at IP conferences and events.

Richard joined the patent profession after a period as both a research scientist and a university lecturer having obtained an honours degree in medical microbiology and a doctorate in immunology and microbiology from the University of Edinburgh. Richard is now the Managing Partner of the firm's Glasgow office and has a lead role in the management of the firm’s life science group. In recognition of his achievements, Richard is mentioned by Managing Intellectual Property’s IP Stars as “recommended for life sciences patent work”.




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