European Summit on Pharma and Biotech Patent Litigation


Fish’s Nitika Gupta Fiorella, Martina Hufnal, and Brian Coggio will speak on various panels, at the 2022 European Summit on Pharma and Biotech Patent Litigation, on March 15 and 16. All panel details below.

Fish is proud to support the European Summit on Pharma and Biotech Patent Litigation, as this globally recognized event will provide attendees with the capability and confidence to successfully defend post-grant patent challenges and maximize their patent litigation strategy to ensure their products are protected in an ever increasingly competitive market.

Discovering New Frontier for Second Medical Use Patent
Tuesday, March 15 | 12:00pm UTC+1

The protection of second medical uses continues to be an area of growing importance for both small molecule products and biologicals. Pharmaceutical companies have an economic interest in developing such inventions and obtaining patent protection for second medical uses.

  • Discover practical strategies to enable second medical use protection
  • Compare and contrast IP and regulatory aspects when marketing a generic product:
    • How to carve out a specific use
    • Whether or not there should be special warning and issues arising out of this
    • How to set out a pre-emptive strategy for the innovator and considering safety aspects


  • Tessa M. Malamud- Cohen, Ferring Pharmaceuticals
  • Tjibbe Douma, Bird and Bird
  • Nitika Gupta Fiorella, Fish & Richardson
  • Ewan Nettleton, Novartis Pharma AG
  • Dean Thomas, Ichnos Science

Assignor Estoppel and Implications
Tuesday, March 15 | 4:00pm UTC+1

  • Minerva Surgical, Inc. v. Hologic - Examining Supreme Court decision and its implications:
    • Uphold assignor estoppel doctrine
    • Narrowing its scope
  • Determine the limitations the Court has placed on the doctrine mean that its future application


Eli Lilly vs Fresenius Kabi: A Continued Balancing Act for Doctrine of Equivalence?
Wednesday, March 16| 9:40am UTC+1

In December 2020, the Dutch Court of Appeal overturned an earlier decision by the district court and aligned the Dutch approach to equivalence in patent infringement cases to other European jurisdictions by adopting the two-stage test relating to Article 69 European Patent Convention and its Protocol.

This session will employ the latest examples from recent case studies and implications from equivalent decisions from around the world to help you take better decisions on whether there is freedom to operate or whether you can get an injunction from product launch.

  • Analyze how the courts are interpreting the nuances from the Eli Lilly vs Fresnius Kabi decision in Netherlands and France.
    • Europe
    • USA
  • Interpret the current meaning behind infringement by equivalence
    • Has the wording of equivalence been broadened beyond the horizon?
    • Establish the difference between Europe and US interpretation of:
      • Not literally infringe but equivalently
        • Whether it is possible to gain an injunction in case of an equivalent infringement
    • Determine the grey area resulting from the Eli Lilly vs Fresenius Kabi case in Netherlands for patentees and generics
  • Special consideration: Equivalence for SPCs
    • Understand what is protected by the basic patent
    • Define whether it is possible to enforce SPC to an equivalence?
    • Illustrate the scope of SPC relating to marketing authorization


  • Gregory Bacon, Bristows
  • Brian Coggio, Fish & Richardson
  • Daan De Laange, Brinkof
  • Ewan Nettleton, Novartis Pharma AG

To learn more about the program, click here.