Drug Companies Reserving Seat for Patent Lawyers at Deal Table

Erik Olson spoke to Bloomberg Law about the trend of IP litigators as strategic business advisors, which has grown over the past decade as brand-name drugmakers look to them for help in determining what types of deals to strike in a way that dovetails with the company’s own R&D and broader business interests.

According to Erik, one element driving the shift is the inter partes review system at the U.S. Patent and Trademark Office. Because “it is much more a hybrid of litigation practice and patent prosecution practice,” it’s better preparing patent litigators to play a part in dealmaking, Erik said.

He added that another factor has been the Biologics Price Competition and Innovation Act, which “created a new biologics pathway, which creates more pressure around trying to model when other companies may enter a market and how other new biologics or new biosimilars may affect other revenue streams.”

Read the full article (subscription required).