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Federal Circuit Bar Association: The Global Dialogue 2014

Innovation From the Corporate Perspective. Federal Circuit Bar Association: The Global Dialogue 2014. Moderator Teresa Stanek Rea ♦ Partner, Crowell & Moring LLP Panelists Robert DeBerardine ♦ Senior Vice President and General Counsel of North America, Sanofi

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Federal Circuit Bar Association: The Global Dialogue 2014

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  1. Innovation From the Corporate Perspective Federal Circuit Bar Association: The Global Dialogue 2014

  2. Moderator Teresa Stanek Rea ♦ Partner, Crowell & Moring LLP Panelists Robert DeBerardine♦ Senior Vice President and General Counsel of North America, Sanofi David Killough♦ Assistant General Counsel, Microsoft Corporation Tina Chappell ♦ Director of IP Policy, Intel Corporation Alex Rogers ♦ Senior Vice President and Legal Counsel, Qualcomm Incorporated

  3. Innovation From the Corporate Perspective • Robert DeBerardine • Senior Vice President and General Counsel of North America, Sanofi

  4. What Keeps Me Up at Night Best Practices: The Global Dialogue, 2014 Update U.S. Chamber of Commerce Washington, DC Robert DeBerardine SVP and General Counsel, Sanofi North America May 23, 2014

  5. Patents Encourage Innovation In the pharmaceutical industry, innovation = new drugs Effective Alzheimer’s Treatment/Prevention New Cancer Drugs New Antibiotics Etc.

  6. Patents Encourage Innovation Decreased patent effectiveness Decreased innovation Fewer new drugs

  7. US Supreme Court Weakening the patent system? Injunctions (eBay) Obviousness (KSR) Indirect infringement (Global-Tech)

  8. US Supreme Court The most anti-patent Court in decades? Just anti-CAFC? Does it matter?

  9. Revising the Patent Statute Tossing out innovation with the trolls Post-grant review, inter partes review Killing field for patents and innovation New barriers to patent owners' access to courts Change notice pleading to fact pleading

  10. Revising the Patent Statute Tossing out innovation with the trolls No merits discovery until after Markman Distrust judges to manage dockets Delays the day of judgment Judgment delayed = justice denied Regulating content of notice letters Restrict First Amendment rights

  11. What keeps me up at night Current drugs don’t even scratch the surface of human diseases in need of treatments What will we do for our children?

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