Unique IP Due Diligence Considerations for Medical Devices, MedTech, and Artificial Intelligence

November 9, 2020 4:00pm

Jeremy Bond
Senior Counsel, Device Patents U.S. Global Intellectual Property Dept.
Sanofi (Cambridge, MA)

Mark D. Kafka
Associate Director, Assistant General Counsel
Genentech, Inc. (South San Francisco, CA)

Jeff Mann
Senior Vice President, General Counsel and Secretary
Cantel Medical (Little Falls, NJ)

Moderator:

David Dykeman
Co-Managing Shareholder & Patent AttorneyCo-Chair, Global Life Sciences & Medical Technology Group
Greenberg Traurig, LLP (Boston, MA)

The IP that protects medical devices and AI are different from that of pharmaceuticals and biologics, and thus must be evaluated differently during a deal. This panel will address the unique considerations that companies face when approaching IP due diligence projects involving medical devices and inventions based on AI.

  • Understanding the ways in which medical devices have different due diligence standards and considerations from pharmaceuticals and biologics
  • Addressing challenges relating to the inventorship and ownership of AI, as well as the reliability of IP rights related to AI technology
    • How do these questions affect the valuation of the IP?
  • How is the USPTO considering whether it should make changes to how it handles examinations of applications for AI patents?
  • Unique considerations when conducting due diligence analyses of trade secrets involved in deals with companies that own medical devices or AI (such as drug discovery platforms, drug formulation technologies, etc.)