Moveable Pieces

    View Authors April 2019

    A wide range of assessments may fall under the rubric of intellectual property (IP) diligence – from mere tabulations of registered rights, to informed assessments of viable and pertinent rights, to rigorous valuations based upon legal review of those rights. Well-informed patent diligence is particularly important for life sciences companies, where the value of a marketable innovation may depend on the quality of the patent rights encompassing it. Because new developments in the law may render issued patents vulnerable to challenges, a savvy assessment will not only identify actual and potential IP of relevance, but also account for vulnerabilities in that IP and value the portfolio appropriately in view of them. In this article, we discuss several recent developments in US patent law that should be considered in IP diligence involving life sciences companies.