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Michael Flibbert, Elizabeth Laughton, and Jonathan R.K. Stroud

Mike Flibbert is a Partner at Finnegan, Henderson, Farabow, Garrett & Dunner LLP (Finnegan). He leads Finnegan’s chemical and metallurgical practice group, and has extensive experience in all aspects of patent law, focusing on district court litigation and appeals. After serving as a law clerk to the Honorable Alan D. Lourie at the U.S. Court of Appeals for the Federal Circuit, he has devoted the last 17 years to litigating patent cases. Mr. Flibbert has successfully represented clients in patent disputes before federal district courts and the Federal Circuit involving a broad range of technologies, including pharmaceuticals, biotechnology, chemistry, chemical engineering, agriculture, and materials science. He has particular experience in representing pharmaceutical patent holders in litigations arising under the Hatch-Waxman Act. He also serves as lead counsel in inter partes review (IPR) and other contested proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office.

Elizabeth Laughton is an Associate at Finnegan. She litigates patent disputes involving a variety of technologies, including software applications, steels, and pharmaceuticals. She has litigated patent matters before the federal district courts and the U.S. Court of Appeals for the Federal Circuit. She also prepares and prosecutes patent applications in the fields of biotechnology and business methods. Prior to joining Finnegan, she served as a law clerk to Judge Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit.

Jonathan R.K. Stroud is an Associate at Finnegan. He litigates and counsels on patent and trade secret disputes before the U.S. Court of Appeals for the Federal Circuit, the federal district courts, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office (PTAB), and the U.S. International Trade Commission (ITC). Mr. Stroud works closely with clients ranging from start-ups to large multinational companies, and on diverse technologies such as pharmaceuticals, diagnostics, medical devices, software, business methods, and consumer products. He has drafted four post-grant petitions, and been involved in dozens of IPR and CBM trials, on both the patent owner and the petitioner side. He hosts an annual Patent Administrative Law Symposium at American University Washington College of Law, and speaks and writes on emerging issues in intellectual property law.

A Not-So-Obvious Threat to Pharmaceutical Patent Portfolios

I.  INTRODUCTION A bill working its way through Congress seeks to curb so-called abusive patent litigation tactics. But a less sensational provision warrants close attention, particularly from the pharmaceutical industry. The provision, if passed, could threaten issued patents in ways parties don’t expect. The recent “Innovation Act”1 that the House passed in December2 and its [...]