"This course offered a wealth of practical advice. I am leaving with a 'to do' list. Each instructor had great stories about real-life due diligence situations. The stories kept the class interesting." -- Elaine Sale, Argos Therapeutics, Inc., Due Diligence Investigations April 2009 attendee
Please note that the faculty members listed for this course are subject to change prior to the actual course date.
This three-day course, now in its second year, is designed to provide attendees with a comprehensive approach to conducting intellectual property (IP) due diligence investigations, with a particular emphasis on issues relating to U.S. patent law.
The panel will share practical techniques and strategies for conducting investigations in a thorough and efficient manner. These techniques and strategies apply to both large and small transactions, and they have applicability irrespective of the nature of the specific transaction or the party you might be representing.
The course is designed as an interactive, practical program implementing case study examples and lecture topics addressing a wide range of issues, including attorney-client privilege, claim construction, inequitable conduct, and business method patents. The lively and entertaining presentation covers every phase of a due diligence investigation. Beginning with the initial involvement of IP counsel, the dynamic panel will navigate the course through the early information-gathering phases, drawing in the attendees as part of the due diligence team to spot critical IP issues that can make or break a deal. The panel also will share effective strategic approaches to focus the investigation during the plunge into the data room, and to facilitate making recommendations to the client that could ultimately affect the price and structure of the deal. The concluding sessions of the program cover risk management issues, providing invaluable and practical suggestions for contractual considerations, including effective use of representations and warranties. Topics discussed in the course are not only applicable to investigating a target’s IP portfolio, but also provide helpful insight for preparing a portfolio for suitors. Additionally, a full course book is provided. In short, the knowledge gained from this course should assist you in recognizing and avoiding the multitudinous due diligence pitfalls, while more effectively assessing and managing risk endemic in business transactions involving complex IP rights and issues.
The faculty, three partners at the Finnegan firm, are all patent attorneys with extensive experience in due diligence investigations. In the aggregate, the panel has over 90 years of patent experience in IP practice, and expertise in several different areas of technology. Throughout the course, the faculty shares interesting “war stories,” observations, and practical tips for conducting the investigation in a comprehensive and efficient manner.
An hour of the course, from 3:00 to 4:00 p.m. on the second day, will be dedicated to potential ethical issues and inequitable conduct hazards that may arise during an IP due diligence investigation.
Here are just a few of the comments provided by attendees at the inaugural course in the Spring of 2008:
- “My best PRG course so far!”
- “The lecturers had extensive experience in the field and it showed. The tips they shared . . . were invaluable.”
- “A must for anyone involved in acquisitions and licensing. Kudos!”
- “Wealth of information.”
- “The flow of the presenters was excellent; much better than other due diligence conferences I have attended.”
- “The very interactive tone of the course was likely the best feature.”
- “What I liked best was the . . . hypothetical case study to really emphasize issues.”
- “Well-organized, step-wise approach. The presenters were very knowledgeable.”“Good overview of due diligence process from a patent perspective-boiled down to critical elements.”