Rachel Elsby Discusses State of Patent Litigation, Protecting IP with CCBJ

Akin Gump intellectual property partner Rachel Elsby has been featured in the Corporate Counsel Business Journal article “Protecting Your Company’s IP: Winning Strategies in Changing Times.” In the article, Elsby discusses the current state of patent litigation as well as her insights into collaboration within the pharmaceutical and other health care organizations. She also outlines some best practices for maintaining a strong IP portfolio.

Elsby began by observing that there has been an uptick in patent litigation over the past year that she believes will continue “at least in the short term.” She said she also expects to see “more of a shift to Biologics Price Competition and Innovation Act (BPCIA) cases and competitor versus competitor biologics litigation, with even fewer Hatch-Waxman cases.”

Elsby said the COVID-19 pandemic has been a great example of biotech and pharmaceutical companies working together “in response to the public health emergency, setting up new partnerships, developing new technologies, engaging in new licensing agreements, and really being collaborative in the process.” She is looking to patent law “to provide the protection these companies need to continue to invest in research and development, so they’re able to respond in a similar way to future public health emergencies.”

With regard to protecting and securing trade secrets, Elsby suggested that the companies that protect their intellectual property the best, “do so through a combination of mechanisms, including patents and trade secrets.” She added that those companies also tend to implement their policies “consistently over time, and have great communication between the legal department and the scientists and engineers who work on developing new technologies.”

To read the article in its entirety, please click here.