When Faulty IP Due Diligence Kills the Deal: If I Knew Then What I Know Now

November 15, 2019 12:00pm

Michael A. Davitz
Leason Ellis (White Plains, NY)

Rebecca Goodman
Senior Corporate Counsel
Celgene (Summit, NJ)

Cara Z. Lowen
VP and Chief IP Counsel
Codiak BioSciences (Waltham, MA)


Mercedes K. Meyer
Drinker, Biddle & Reath LLP (Washington, DC)

In this interactive session, we will examine real-life examples of deals that failed as a result of ineffectual IP due diligence and call on attendees to surmise the outcome. The discussion will focus on what went wrong during the due diligence process and lifecycle of the transaction. Our panelists will identify red flags to watch for, including specific instances of uncovering:
  • Overstatement of IP rights held by the target or partner company
  • Previous out-licensing activity
  • Pending litigation risks
  • Use restrictions that would impact on the business reasons for the partnership