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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, March 17, 2022

Recorded event now available

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This CLE course will guide counsel for conducting intellectual property due diligence in life sciences deals. The panel will discuss recent court decisions and 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 evaluate their IP and assess their IP strategy regularly. This will help the company identify and address potential issues and better prepare for potential partnerships or transactions.

Case law developments in written description law, obviousness and "blocking patents," obviousness-type double patenting, AIA on-sale bar, the 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 provides 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

Robin Silva
Robin Silva
Vice President of IP

Ms. Silva is a biotech patent attorney focused on large molecule innovations. Her expertise includes US and foreign...  |  Read More

Han, Bo
Bo Han
Senior Corporate Counsel
Bristol Myers Squibb

Ms. Han is currently Senior Corporate Counsel in the Innovation Law Department at Bristol-Myers Squibb Company (BMS), a...  |  Read More

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