Factoring patent reform, PTO rulemaking, and new case law into due diligence analyses.
- Repositioning diligence strategies in light of recent court decisions.
- Reassessing the strength of the patent portfolio in light of the USPTO rules and the Patent Reform Act of 2007.
- Determining what diligence is due in light of new and increasingly complex multi-party transactions.
- Extracting from the diligence review the factors that will impact valuation.
- Drafting the checklist and selecting/managing the due diligence team based on the structure and business goals of the deal.
- Ferreting out the target's prior contractual obligations, licensing and third party obligations.
- What a company must know to prepare for the diligence review when approached by venture capitalists.
- Managing due diligence when dealing with industry/university collaborations and licenses.
- Evaluating the scope, validity, and enforceability of the target's patents.
- Protecting confidentiality, trade secrets, and attorney client privilege during a diligence review.
- Uncovering issues with ownership rights and Inventorship.
- Freedom to operate: Ensuring the purchaser/licensee has the right to commercialize the IP at issue.
- FDA regulation of small molecule drugs and biologics: Understanding how this affects the diligence review.
- The deliverable: Ascertaining and communicating the results of the analysis.
An additional master class entitled: "Drafting an Effective Due Diligence Report" will be offered on February 1, 2008. The master class will provide strategies and solutions - as well as the advice and tools that practitioners need - to draft a comprehensive report of findings.
The agenda for the Pharma/Biotech IP Due Diligence conference can be found here. A complete brochure for this conference, including an agenda, list of speakers, and registration form can be downloaded here.
The registration fee ranges from $1,995 (conference alone) to $2,595 (conference and master class). Those registering on or before November 15, 2007 will receive a $200 discount off the registration fee. Those interested in registering for the conference can do so here, by calling 1-888-224-2480, or by faxing a registration form to 1-877-927-1563.
Patent Docs is a media sponsor of ACI's Pharma/Biotech IP Due Diligence conference.
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