As patent enforcement strategies face growing scrutiny, competition law is increasingly influencing how life science companies manage exclusivity and market access. This session will unpack recent court and authority decisions across Europe, Switzerland, and the United States, spotlighting how regulators are drawing the line between legitimate IP enforcement and anti-competitive conduct. From divisional strategy concerns in the Copaxone case to the exoneration of Novartis by COMCO, attendees will gain a nuanced understanding of evolving antitrust standards and how to adapt their own IP strategy accordingly.
• Analyse the implications of the Copaxone divisional strategy case and what it signals about future antitrust enforcement in the context of IP gaming.
• Understand why COMCO cleared the Cosentyx® patent portfolio case and what it reveals about balancing freedom to operate and competition law.
• Explore the intersection of U.S. antitrust enforcement with FDA listing practices delistings, ANDA exclusivity, and the shifting impact of FTC and Federal Circuit decisions.
• Examine how China’s recent implementation of ANDA litigation and patent linkage modeled on the U.S. Hatch-Waxman system - is impacting exclusivity, competition, and antitrust scrutiny in both jurisdictions.
Eduardo Hallak
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.
Julia Pike
Since March 2020, Julia has been the Global Head of IP for Sandoz. In her previous roles with Sandoz, she has had a leading role in the first wave of US biosimilars litigation, including the first litigations on critical aspects of the governing legislation (the Biologics Price Competition and Innovation Act or BPCIA), culminating in the landmark US Supreme Court decision, Sandoz v Amgen.
Since leaving private practice at Corrs Chambers Westgarth, Julia has been in-house counsel for many years including at Mayne Pharma and Hospira Inc before joining Sandoz in 2008. While there, she has taken on roles in European public affairs and led Sandoz’s global IP litigation function as Global Head of IP Litigation. Through those roles, she has maintained a keen interest in IP strategy and litigation worldwide, including cases arising under the Hatch-Waxman and BPCIA legislation in the US, PM(NOC) regulations in Canada and litigation arising from patent linkage systems around the world.
Philippe Bessiere
Özge Atılgan Karakulak
Laila Beynon
Laila Beynon is Director, Dispute Resolution at Regeneron, responsible for the strategic co-ordination of ex-US patent litigation. She has a PhD in Biochemistry/Molecular Biology, 10 years’ private practice experience in life sciences patent litigation at Herbert Smith Freehills LLP, and prior to her role at Regeneron headed up the Patent Litigation team at BAT.
