Broadcast Date: Monday, October 18, 2021
from 3:00 pm to 5:00 pm (ET)


Intellectual property (IP) rights are extremely valuable business assets, particularly in the pharmaceutical and biotechnology industries. With various legal complexities further intensified by the pandemic, protecting inventions has never been an easy task. Biotech and pharma companies have traditionally responded by turning to patent law to protect and recoup the significant investment required for biopharma innovations, but now, there had been a growing trend towards trade secret protection in certain situations as an alternative or add-on to patent protection.

The challenge now is to determine the form of protection that would fit the company’s goals and the circumstances in which such protection would create value. Biotech and pharma institutions need to navigate the tricky legal and regulatory issues surrounding patents and trade secrets to ensure maximum IP protection.

In this LIVE Webcast, IP attorneys Aaron L.J. Pereira (Panitch Schwarze Belisario & Nadel LLP) and John A. Stone (DeCotiis, FitzPatrick, Cole & Giblin, LLP) will provide an in-depth analysis of recent regulatory trends and developments concerning biotech and pharma patents and trade secrets. Speakers will also offer up tips and strategies on how biotech and pharma companies can optimize IP protection using either patents or trade secrets.

Some of the major topics that will be covered in this course are:

  • Recent Pharma and Biotech IP Protection Trends
  • Notable Cases of IP Theft
  • Choosing Between Patent and Trade Secret
  • Best Practices
  • An Outlook in a Post-Pandemic World


Course Level:



Advance Preparation:

Print and review course materials


Method of Presentation:

On-demand Webcast (CLE)



General knowledge of IP protection law


Course Code:



NY Category of CLE Credit:

Areas of Professional Practice


Total Credits:

2.0 CLE

Speaker Panel:

Aaron L.J. Pereira, Counsel
Panitch Schwarze Belisario & Nadel LLP

Aaron Pereira is a litigator and patent attorney, with a background in chemical & biomolecular engineering.

Aaron has several years of experience litigating and counseling in the life sciences space, with a special focus on Hatch-Waxman and BPCIA matters. He has managed large parallel litigation in federal district court and at the Patent Office, and has developed a deep understanding of the procedural and substantive interplay between such proceedings. He has been counsel to some of the world’s largest and most sophisticated companies, and regularly advises clients on matters of global patent strategy, market entry, and product competition. As a registered patent attorney, Aaron has prosecuted patents and rendered opinions in the life sciences space. He also has experience running large patent diligence reviews in support of acquisitions and financing.

Aaron is active in professional and affinity groups, and currently chairs the Patents Committee at the NYC Bar Association.

John A. Stone, Partner
DeCotiis, FitzPatrick, Cole & Giblin, LLP

John Stone is a partner in DeCotiis’ New Jersey and New York offices. Mr. Stone’s practice focuses on complex business matters, including trade secret and other intellectual property litigation, and unfair competition and tortious interference claims, as well as construction and land use disputes and intra-company disputes.

Mr. Stone received his B.A. from Franklin & Marshall College, his J.D. from the University of Richmond, Virginia, and studied International Law at Cambridge University. Mr. Stone has given Continuing Legal Education seminars on trade secrets, trade dress, and theft-of-ideas, and is co-chair of the ABA’s Trade Secrets Subcommittee, and co-editor of the ABA’s Intellectual Property Newsletter.


Aaron L.J. Pereira, Counsel

Panitch Schwarze Belisario & Nadel LLP


John A. Stone, Partner

DeCotiis, FitzPatrick, Cole & Giblin, LLP

  • 112 Enablement and Written Description – Amgen v. Sanofi, Juno v. Kite, and the key changes to the viability of functional claiming in life sciences patents
  • Skinny labels – the Federal Circuit restated its decision in GSK v. Teva to confirm the practice of drug label carve outs to avoid infringement, but found infringement nonetheless based on the facts
  • Inequitable Conduct based on statements to other agencies – Belcher v. Hospira, representations made to the FDA, and a new front in the “duty of candor” fight
  • “IP waivers” on a global scale – unattainable political rhetoric, threat to innovation, or nuanced tool towards ensuring access in unprecedented times?
  • What are trade secrets and what constitutes misappropriation?
  • Making your IP eligible for trade secret protection
  • Interim remedies and final remedies in trade secret litigation
  • Patent eligibility – after a decade of anti-patent case law, Illumina v. Ariosa and Vanda may represent a swinging back of the patent-eligibility pendulum in favor of innovators
  • Examples of biotech and life science being ineligible for patent protection (therefore making trade secret protection desirable)
  • Examples of biotech and life science IP trade secret litigation
  • Coordinating and using both trade secret and patent protection of biotech and life science IP

Date & Time:

Monday, October 18, 2021

3:00 pm to 5:00 pm (ET)

Who Should Attend:

  • Trade Secret Lawyers and Consultants
  • Patent Lawyers and Consultants
  • Pharma Industry Lawyers
  • Biotech Lawyers
  • Heads/Directors of IP
  • Patent Specialists/Experts
  • Legal Directors
  • IP Counsel
  • IP Managers
  • In-House Counsel
  • Chief Executive Officers
  • Other C-Level Executives from Biotech and Pharma Firms


Aaron L.J. PereiraCounsel
Panitch Schwarze Belisario & Nadel LLP
John A. StonePartner
DeCotiis, FitzPatrick, Cole & Giblin, LLP



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