Partner and Registered Patent Attorney Maya Elbert will speak on the panel “Winning IP strategies for Life Sciences Companies: lifecycle management and IP positioning in the context of a sale.” For life sciences companies, intellectual property is often the most valuable asset, and the strength and durability of a patent estate directly shape valuation and appeal to investors and acquirers. This presentation will examine the strategies that most effectively maximize patent coverage of a drug or biologic, including a timely initial filing, typically directed to a composition of matter, and layered "secondary" filings covering, e.g., formulations, dosing regimens, combination therapies, and follow-on indications. It will also discuss how regulatory exclusivities—including the biologics exclusivity under the BPCIA and new chemical entity/orphan/pediatric exclusivities for small molecules—interact with patent term and patent term extension strategies to build a durable competitive moat. It will then turn to positioning a patent portfolio for an investment or acquisition, addressing the factors investors and acquirers scrutinize, such as freedom-to-operate, coverage of the commercial embodiment, claim strength under evolving patentability standards (particularly enablement and written description in the wake of Amgen v. Sanofi), and a clean chain of title. Finally, it will highlight common but avoidable early-stage missteps—from premature public disclosure to the failure to develop an IP strategy from day one—that can quietly erode value.
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