Workshop — IP DUE DILIGENCE 101: Managing the IP Due Diligence Process from Soup to Nuts

Nov 14, 2022 1:00pm – 4:00pm

Jay Lessler
Partner
Blank Rome LLP (New York, NY)

Susan Glovsky
Principal
Hamilton, Brook, Smith & Reynolds, P.C (Boston, MA)

Tinh Nguyen
Senior Patent Counsel
Akebia Therapeutics (Boston, MA)

Michael Levy
Senior Counsel, M&A IP
Danaher Corporation (Washington DC)

For life sciences companies, intellectual property often represents most of their value. Securing investment, licensing opportunities, and partnerships is dependent upon the strength and valuation of the patent portfolio, making IP due diligence essential to determine value and identify risk.

This interactive think tank will prepare you for the main conference and provide an in-depth overview of the key aspects of a comprehensive IP due diligence investigation. Leading patent practitioners will cover the ins and outs of the challenges that arise during the IP due diligence process, from the perspective of both target and acquirer. Topics to be discussed include:

  • Evaluating the breadth, strength, and validity of the patents at issue to calculate the commercial viability of the IP at issue
  • Designing the checklists for different levels that will be most efficient in guiding attendees to obtain the information needed
  • Quantifying the value of the IP at stake in the deal for both the business and legal teams
  • Uncovering and resolving hidden issues with ownership rights, inventorship, and obligations under prior contractual agreements
  • Understanding which IP red flags make or break deals, and how to communicate the fixes on problems discovered
  • Protecting and preserving confidentiality and privilege during the IP due diligence process
  • Gauging the effect of the patents in question on the freedom to operate
  • Dealing with biotech patent scrums, Queen patents and PCR to CRISPR