It is becoming increasingly imperative to stay well-informed about new IP laws when conducting due diligence. Following the previous session on the unitary patent system, this session will explore other significant European updates as relevant for conducting strategic due diligence to avoid pitfalls. The speakers will discuss fundamental aspects of a comprehensive due diligence, while also delving into unique European issues, and compare and contrast with U.S. considerations, including:

• Assessment of validity/enforceability of target company IP and its scope of protection, including loss of exclusivity projections, taking into account patent and regulatory exclusivities in US and EU
• Ownership and transferability, including appropriate chain of title and priority issues
• Exclusivity and third party SPCs
• Freedom to operate issues
• Special European employee inventor compensation legislation (examples DE, FR, CH)
• Best practices for effective coordination between outside and in-house counsel during diligence