Bespoke Due Diligence: Tailoring IP Due Diligence to the Transaction to Achieve the Ideal Balance of Diligence Depth and Cost-Efficiency

November 29, 2023 9:45am

William Vickery
Director of Due Diligence
Servier

Gabriel J. McCool, Ph.D.
VP, Legal and IP
ReNAgade Therapeutics

Robert H. Underwood
Partner
Hogan Lovells LLP

  • Assessing the nuanced spectrum of life sciences IP due diligence needs for different transactions (e.g., licensing, M&A)
    • Identifying key risk factors that demand in-depth examination and scrutiny
  • Examining the relationship between the thoroughness of a life sciences IP diligence and the mitigation of risks.
  • Employing AI-powered search and screening techniques to detect potential risks and opportunities, while carefully evaluating the cost-benefit ratio of the obtained results.
  • Knowing the the right questions to ask stakeholders to establish consensus on the appropriate level of analysis tailored to each transaction
  • Developing the acumen to adapt the diligence to align seamlessly with evolving timelines or objectives of the transaction.
    • Managing expectations regarding diligence at the outset
  • Taking into account the concepts of privilege and trade secrecy:
    • Developing precise guidelines and/or contracts for information sharing and handling of documents between target and acquirer to prevent unauthorized usage or misappropriation of information obtained during the due diligence process