Conducting IP due diligence

Challenge

We have conducted multiple due diligence projects, below are three examples:

1. A financial investor needed an IP assessment on a late-stage cell therapy investment opportunity.
2. An established medical device company looking to make a strategic investment wanted due diligence support.
3. A mid-cap pharma company needed help sourcing a partner with a monoclonal antibody development boutique.

Solution

1. Our assessment revealed that the US and EPO patents relied on process claims only, so there was no opportunity for an SPC or similar type of medicinal product extension of term. Our consultants provided a professional opinion on the patentability of certain claims and the relevance of previously disclosed prior art.
2. Our IP due diligence revealed that the claims filed by the target company were unlikely to be granted broadly and would not be considered novel or inventive given the state of the art at the time.
3. We reviewed the target company’s IP strategy and determined how likely it was that application of a suite of novel antibody discovery tools would lead to new patentable drugs against known targets.