Life Sciences IP Due Diligence: Implications of Recent Decisions, Legislation, PTO Guidance on Diligence Analysis

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Tuesday, March 3, 2020

Recorded event now available

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Course Materials

This CLE course will guide counsel for conducting intellectual property due diligence in life sciences deals. The panel will discuss recent court decisions as well as current and pending legislation relating to patent rights that impact life sciences analyses. The panel will offer steps companies and counsel should take to adapt the due diligence analysis.


The continued success of a life sciences company often relies on successful partnerships. Many collaborations and transactions involving life sciences IP call for due diligence to be conducted. Further, it would benefit life sciences companies to regularly objectively evaluate its IP and assess its IP strategy. This will help the company identify and address potential issues and better prepare it for potential partnerships or transactions.

Case law developments in written description law, obviousness and “blocking patents”, obviousness-type double patenting, AIA on-sale bar, doctrine of equivalents, and induced infringement for FDA-approved products are examples of changes that may impact a life science due diligence investigation.

Patent counsel should also be aware of legislation such as government funding compliance, proposed legislative changes to patent subject matter eligibility, and USPTO guidance to properly adjust the due diligence analysis.

Listen as our authoritative panel of patent attorneys provide insights into how recent court decisions and pending legislation relating to patent rights will impact life sciences pipelines and reshape future business analyses. The panel will offer steps companies and counsel should take to adapt their due diligence analyses.



  1. Recent cases
  2. Current and pending legislation
  3. USPTO guidance
  4. Best practices for life sciences IP due diligence


The panel will review these and other relevant issues:

  • What are the best approaches for counsel to identify the IP assets to review during due diligence?
  • What implications do recent court decisions have on the IP due diligence process in the life sciences?
  • How should counsel address IP ownership questions that arise during due diligence?


Irving, Thomas
Thomas L. Irving

Finnegan Henderson Farabow Garrett & Dunner

Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,...  |  Read More

Knowles, Sherry
Sherry M. Knowles

Knowles IP Strategies

Ms. Knowles provides global guidance on complex IP matters, patent litigation strategy and assistance, licensing,...  |  Read More

Libka, Hilary
Hilary J. Libka

Chief IP Counsel
Dana-Farber Cancer Institute

Ms. Libka manages Dana-Farber’s extensive worldwide patent, trademark, and copyright portfolio. She advises...  |  Read More

Murphey, Ryan
Ryan Murphey

Ropes & Gray

Mr. Murphey advises clients on intellectual property issues in connection with transactions, including mergers and...  |  Read More

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