Surviving and Thriving in IP Due Diligence in Life Science Transactions
Innovation in drug discovery often starts in universities or with small enterprises. While the initial research and discovery are well within the purview of many university labs and small companies, advanced clinical development and commercialization are often well beyond the means of such entities. In order to bring drugs to market, smaller companies have to make enormous investments to build infrastructure (i.e. through public offerings), license their valuable pharmaceutical assets or simply sell the company to more established players who have the bandwidth for successful commercialization.
Patents provide rights without which there is often insufficient barrier to competition to warrant investment. As a result, sophisticated investors and acquirers devote substantial resources to perform due diligence, which refers to research on financial analysis, clinical efficacy, human resource investigations and intellectual property, on patent assets they are considering for deal-making.
This panel will take the attendees through the due diligence process through the eyes of a small to medium-sized pharmaceutical company interested in making a transaction with its intellectual property. Panelists will cover:
- An overview of the due diligence process from a small to medium-sized company’s point of view
- Different classes of pharmaceutical patents
- Value drivers for each class of patent
- Due diligence concepts around inventorship, chain of title and scope of filing
- Common due diligence inquiries (e.g. patent validity, infringement, design-arounds)