PDS 300 workshops are free of charge to registrants and are available on a first-come, first-served basis. Registration is not required. Class size for all PDS workshops is limited to 35.
Sunday, September 26
8:30 a.m. – 5:00 p.m.
PDS 100 - Commercializing Technology through the Power of IP & Licensing
Sponsored by the LESI Education Committee
Additional Fee: $195; $125 University Professor; $35 student; No Charge if registered for Train the Trainer. Monday, 1-5pm*
Patrick Gattari, Attorney, McDonnell Boehnen Hulbert & Berghoff LLP
PDS 100 is full and no longer available.
9:00 a.m. – 12:00 p.m.
PDS 301 (LEGAL) - Licensing Due Diligence in View of Festo and MedImmune
The decision when and what to license continues to evolve as the Festo line of cases grows. With each iteration, the Doctrine of Equivalents becomes more, rather than less, complicated; as does the issue of infringement, thereby giving rise to licensing needs and opportunities. At the same time, other legal developments such as Seagate (freedom to operate opinions) and MedImmune (grounds for pre-emptive suit against a would be licensor) are changing the rules of the game and raising the stakes for both licensors and licensees. This workshop will address various strategies for assessing the when, what, and why of licensing.
Michael Baniak, McDonnell Boehnen Hulbert & Berghoff LLP
9:00 a.m. – 12:00 p.m.
PDS 303 (VALUATION): Valuing Pharmaceutical and Biotechnology Pipelines
Valuing early stage pharmaceutical and biotechnology products has never been more important. In this workshop, we will discuss how such valuations should be done, how they are actually done in practice, and how to improve early stage valuations. We will cover valuations for in-house commercialization as well as those involving licensing or joint ventures. We will introduce case studies from a number of different therapeutic areas. This Workshop will be of use to anyone involved in the valuation or licensing of pharmaceutical products.
Mohan Rao, Director, NavigantEconomics
Heidi Forte, Director, Financial Evaluation and Analysis, Merck
2:00 p.m. – 5:00 p.m.
PDS 303 - Internal Negotiations
"We have met the enemy and they are us!"
Internal negotiations, i.e., negotiations within your own organization, are often as difficult if not more difficult, than negotiations with the party across the table that you are trying to do a deal with.
Subject matter that will be covered in this Workshop include:
- Importance of identifying and prioritizing licensing objectives upfront, and getting internal buy-in on these priorities.
- Working with internal stakeholders, decision-makers/decision-aiders, and alliance management groups within your organization,
- Organizing the negotiating team - When to do this, Who should be on the team, What are their roles - and making sure the team members are on the same page,
- Identifying and resolving internal negotiating issues.
- Handing off the project to alliance management and/or stakeholders in Operations, R&D, Manufacturing, etc.
Hands-on exercises and examples and an interactive case study in which participants address internal negotiating issues in teams will be used to illustrate the above points. Participants will learn from the instructors and other participants how different organizations deal with internal negotiations and procedures.
After completing this workshop, participants will:
- Have a better understand of the importance and complexity of internal negotiations
- Know how to prepare for and participate more effectively in internal negotiations, in order to bring about more effective external negotiations
- Learn to use tools to improve and speed up internal (and external) negotiations
Andy McGee, Manager, Corporate Business Development, Eli Lilly
Jim Vlazny, President, Licensing International
2:00 p.m. – 5:00 p.m.
PDS 304 - Dreadful Drafting
This PDS session will consist of two parts, first Dreadful Drafting of Non-Disclosure Agreements and secondly Dreadful Drafting of Improvements in Collaborations.
Part 1: Dreadful Drafting of Non-Disclosure Agreements
Analysis of these seemingly mundane agreements, so often seen and rarely respected, will start this PDS session. Some of the topics are: What information is to be covered? What are the prerequisites for protection? How about oral discussions? What purposes are to be permitted and by whom? What are to be the secrecy obligations and for how long?
Part 2: Dreadful Drafting of Improvements in Collaborations
This part of the PDS session will focus on a highly emotional issue – who owns what results/by-products of a collaboration. Emotional because we don't want to be taken advantage of; emotional because the value of the future contributions of each party is unknown and unknowable. Add in the vagueness of the law, the inconsistencies in the laws between country and country, and the apparent ease of agreeing on joint ownership so the parties can bring the negotiations to closure, and you have difficulty in negotiating and producing meaningful results. This session will focus on the issues and possible resolutions where there are no well-developed generally accepted best practices.
John Ramsay, Partner, Gowling, Lafleur Henderson LLP