Speaking Engagement

The New Framework for March-In Rights: Potential Impact on University Partnerships and IP Licensing

February 29, 2024

Join Foley Hoag attorneys Donald Ware and Andrew London for this insightful program that will address:
  • The history of the Bayh-Dole Act and its record of success in stimulating university innovations and economic growth
  • An overview of the government’s march-in rights on patents under Bayh-Dole, and how march-in rights were designed to further Bayh-Dole’s purpose of promoting private investment in innovative technologies developed by non-profits
  • A review of past march-in petitions, including NIH’s consistent refusal to march-in based on licensee drug pricing practices
  • The Biden Administration’s Draft Framework for Considering the Exercise of March-In Rights and other ongoing attempts to use the government’s march-in rights as leverage to regulate drug pricing
  • What can we expect going forward? The future of the Bayh-Dole Act and its impact on technology transfer, including:
    • Licensee risk
    • Investment in university-owned IP
    • Industry and other partnerships
    • License agreement terms
    • Drug development
    • U.S. competitiveness