Protecting Your Patent Portfolio and Achieving Optimum Litigation Outcomes: An Interview with André Bourgouin of Ipsen


Pharma IQ
05/14/2010

The Pharmaceutical & Biotech Patent Litigation Strategies Conference 2010 will take place in London, UK between the 24 - 26 May. Pharma IQ took the opportunity to have a quick chat with speaker André Bourgouin ,VP Corporate Intellectual Property, Ipsen Pharma prior to the event. (This interview has been edited for length.)

How long have you been working within the pharmaceutical/biotech patent litigation field?

Over 35 years !

What have been the key challenges, looking back, that you have faced during your time in patent litigation?

Main problem has been (and to some extend largely remains) that of impredictibility, inconsistancy and changing landscape (e.g. the UK has probably moved quickly from a patent adverse jurisdiction to a friendly one).

Looking forward, what do you think the next major hurdles are going to be for 2010/2011 and how can people plan for and address these?

For innovators, litigation cost is certainly an issue, generic manufacturers aggressivity is another one.

Can you please give a brief overview of your presentation for the conference in May?

On the basis of recent decisions and in particular G2/08, I will highlight that new opportunities of getting fresh patent rights have recently emerged in Europe broadly putting European researchers on the same footing as their US competitors

What do you think will be the key message you would like people to be able to take away with them after your talk?

While the environment becomes more competitive, new patents ways of protecting inventions become possible (dosage regimes) or are confirmed (selection).

What do you think the key things to focus on for 2010 should be for patent bodies and patent courts within Europe and the USA?


Find the right balance between patent friendly and patent adverse attitudes. The pendulum has recently swung in various directions in certain countries (UK, Germany).

Which talks are you most looking forward to at the meeting?

Update on Current trends in Patent Litigation (J Dressel), SPC's (A. Blakey)

What do you think of the ongoing debates surrounding patent settlements and anti-competition laws?

I think that the fact the US lawmakers eventually rejected Pdt Obama's plan to end "pay-for-delay" settlements with brand-name drugmakers shows that the upside of these agreements begins to be perceived.

What do you perceive as the main challenges of the proposed Pan-European court system and how do you think they would be best addressed?

A generally acceptable resolution of the language problem will be key.


Learn about important recent cases in Europe and how to deal with their implications in your future patent filing strategies