Ariad Redux: Capturing Value from Early Research Discoveries

Track: IP Trends and Successful Practices

Target Audience: All Audiences

Moderator: Charles Niebylski, Ph.D., J.D., National Institutes of Health NIH/NIDDK/TAO

Speaker: Fernando Alberdi, Ph.D., J.D., Honigman Miller Schwartz & Cohn LLP

The Ariad vs. Lilly (2010) patent decision helped end decades of patent practice of filing broad claims on early research discoveries with the hope that valuable products might eventually be developed and covered by the claims. In the post-Ariad world with shrinking R&D budgets, innovation in crisis and product pipelines slowing to a trickle, you may feel caught in the Ariad dilemma with your scientists: file too early on a research discovery and risk weak patent protection, or file too late after developing useful innovations and risk losing the race to the patent office. Learn what we could do today if David Baltimore, Ph.D., came to us with his groundbreaking discovery and its great promise for further innovations. Learn how the discovery might be handled to protect IP and nurture future value. Hear strategies for creating a valuable patent portfolio and discuss the present day risks of filing too early or too late. You will gain insights on strategies for increasing investment and business development of your institution’s ground breaking discoveries.