The number and magnitude of recent M&A transactions indicate that another dynamic year could be in store for biotechs. IP
due diligence is a key component in any merger and acquisition. The considerations outlined in this article—ownership issues,
freedom to operate, scope, validity, enforcement, and transfer of rights to third parties—are areas to explore early in the
parties' deal negotiations. Throughout the process, it is important to identify and resolve IP issues in a constructive manner,
seeking to resolve issues early on, with minimum disruption to the overall transaction.
Sergio Garica is cochair of the life sciences group, and partner, corporate and intellectual property group, at Fenwick & West LLP, San
Francisco, CA, 415.875.2366, firstname.lastname@example.org