Patent Infringement Risks for Companies Manufacturing COVID-19 Related Products Protected by Third-Party Patents
Available Protections, Limitations to Immunity, and Minimizing Liability Risks

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Patent
- event Date
Thursday, June 4, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide patent counsel on the patent infringement risks involved with manufacturing goods protected by third-party patents to help with the COVID-19 battle. The panel will examine possible protections available to companies and will address ways to minimize potential damages in an infringement action. The panel will offer best practices to reduce potential exposure and liability to a patent infringement claim.
Faculty

Mr. Post works extensively with high-technology and life science companies handling their complex patent disputes. He has litigated patent cases in nearly every significant patent jurisdiction, including the International Trade Commission, the District of Delaware, the Northern District of California, the Eastern District of Texas, the Eastern District of Virginia, the Patent Trial and Appeal Board, and the Court of Appeals for the Federal Circuit on behalf of companies in a variety of technical fields, including telecommunications, electronics, computer systems and software, network architecture and security, e-payments, e-commerce, imaging systems, GPS technology, process control systems, mechanical devices, pharmaceuticals, and biotechnology. From providing licensing support, patent portfolio analysis and due diligence to handling all aspects of trial preparation and trial, Mr. Post’s experience has touched on all phases of IP litigation.

Mr. Lessler concentrates his practice in domestic and foreign patent procurement, transactions involving IP, client counseling, and patent litigation, primarily in the chemical, pharmaceutical, and computer software arts. Working closely with inventors and in-house counsel, Mr. Lessler devises effective strategies to build and protect IP assets, from initial drafting of patent applications to post-grant proceedings. His experience includes all areas of patent prosecution involving domestic and foreign patents, reissues, reexaminations, patent term extension proceedings, IPRs, licensing and joint development agreements, conducting due diligence investigations, conducting validity and FTO studies, counseling clients in connection with the Hatch-Waxman Act and the Biologics Price Competition and Innovation Act, preparation of Paragraph IV Notice letters and Offers for Confidential Access, and counseling regarding the listability of patents in the FDA Orange Book. Mr. Lessler also has significant ANDA and biotech litigation experience.

Mr. Howell focuses his practice on all areas of intellectual property litigation and counseling, with an emphasis on patent litigation and chemical, biological and pharmaceutical arts. He has litigated patents in a wide variety of technologies, including e-commerce and software applications, computer telephony integration, cable modems and set-top boxes, footwear, logistics systems, video games, check processing systems and paper towel dispensers. Mr. Howell has represented clients in federal and state courts across the country and before the International Trade Commission, Federal Circuit and Patent Trial and Appeals Board. He has significant experience with both enforcing and defending his clients’ intellectual property rights.
Description
COVID-19 impacts everyone; many companies have stepped up to help in the fight against the virus. For example, companies are manufacturing items such as personal protective equipment, but are they exposing themselves to patent infringement risks by doing so?
Understandably, patent infringement liability is not the first consideration when companies develop and launch a new product to fight the pandemic. However, one or more third-party patents may already protect the product. Counsel must recognize the infringement risks and whether or not there is a shield from liability.
Companies can partner with companies already in the marketplace, but that cannot ramp up to meet demand. If a partnership is established, the new manufacturer could look to the UCC implied warranty. Further, in March 2020, the Secretary of the Department of Health and Human Services (HHS) issued a declaration activating the PREP Act. This, along with FDA guidance relaxing some requirements, may provide immunity for filling the void with supply shortages. Counsel must understand the limitations of immunity from the PREP Act and FDA guidance. And the Defense Production Act and Section 1498 may complement these protections in appropriate circumstances.
Listen as our authoritative panel of IP attorneys examines the potential patent infringement risks involved with manufacturing goods to help with the COVID-19 battle. The panel will look at possible protections available to companies. The panel will also address ways to minimize potential damages in an infringement action. The panel will offer best practices to mitigate potential exposure and liability to a patent infringement claim.
Outline
- Patent infringement risks in manufacturing
- Potential protections and limitations to immunity
- Minimizing potential liability exposure
- Minimizing potential damages
Benefits
The panel will review these and other noteworthy issues:
- What potential risks should patent counsel consider when clients volunteer to help in the fight against COVID-19?
- What potential protections are available to companies? What is the limitation to their possible immunity from infringement liability?
- What steps should companies and counsel take to minimize exposure to liability?
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