Navigating the Headwaters of Intellectual Property Risk in
the Pharmaceutical Industry
Simon Jenner, Chief Legal Officer, Acella Pharmaceuticals, LLC, USA
Intellectual property litigation may feel like familiar ground to many competitors in the pharmaceutical drug, medical device, nutraceutical, and other prescription markets. Yet intellectual property laws frequently interact in ways that surprise even well-seasoned competitors, wreaking havoc on key business metrics and ratios. With that concern very much in view, this paper proposes a few considerations in managing towards a more effective and holistic litigation risk management strategy that considers the product and its rivals, relevant business objectives, and the ultimate pathway to success (however that may be defined).
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