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In the high stakes world of life sciences, the strength of a company’s IP portfolio can determine the value of a corporate transaction, argue Jonathan Harris and Nisan Zaghi of Axinn, and Ian Lodovice of Biogen.
Comprehensive and effective IP due diligence in life science transactions is essential. This is especially true of emerging and growth life science companies, where a single asset protected by strong IP can command hundreds of millions of dollars.
Such IP due diligence not only requires a deep understanding of technology and business goals, but also a working knowledge of key case law governing IP ownership, protection and infringement.
Some of this case law is obscure, but it can affect the IP due diligence analysis in unexpected and significant ways. Below are five key legal principles every IP due diligence lawyer in life sciences should know.
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due diligence, life sciences, prior art, SEC filings, Eli Lilly, Biogen, Federal Circuit, doctrine of equivalents