Anthony M. Insogna

The America Invents Act has spawned a variety of patent reforms, including the inter partes review procedure - a new method for handling patent disputes.

"We've seen a big uptick in filings of inter partes reviews," Insogna said. "The big question is whether the patent office is ready for the massive amount of work they are seeing, and will continue to see."

Insogna noted that the patent office has been hastily hiring new judges and "trying to train them."

"It's a vast undertaking," he added. "So far, I'm seeing the decisions as being anti-patent, which is somewhat disconcerting. But I'm not sure that it's a trend yet."

Among the federal law's goals, Insogna said, was to provide a less expensive and faster forum, as well as to get rid of poor quality patents, particularly software patents.

"That's unfair to say that all patents that come out of there are of poor quality and that every patent should be invalidated," he added. "Every request to look at a patent should be done carefully and appropriately."

Among his current matters, Insogna leads the litigation team representing Idenix Pharmaceuticals Inc. in its global patent dispute with Gilead Sciences Inc. involving Idenix's patent rights to certain drugs for treating Hepatitis C.

He also continues to counsel Transcept Pharmaceuticals Inc., Akebia Therapeutics Inc. and Celgene Corp on their patent portfolios and enforcement strategies.

Meanwhile, Insogna continues to be concerned about recent high court decisions limiting what is patentable.

"Those decisions are bad for diagnostic companies," he added. "The United States has stayed ahead in innovation by our willingness to invest in companies with the possibility of reward. But, if the courts cut back on patent rights, that's a problem."

- Pat Broderick