Life Sciences IP Report

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1 Life Sciences IP Report Facts & Analysis In Partnership With 2017 Consero Group. Reproduction Prohibited. January 2017

2 Introduction Life Sciences IP Report The competitive advantage for businesses in the life sciences industry lies in their intellectual property. As such, chief IP counsel operating in this realm are charged with the tough job of protecting their company s IP from infringement, cyber threats, and other risks. These executives are also increasingly expected to serve as strategic partners to the business identifying opportunities and leveraging available resources to extract more value from the IP portfolio. Survey Structure & Methodology Consero s 2017 Life Sciences IP Report was developed in partnership with Sterne, Kessler, Goldstein & Fox and in connection with its 2017 events for IP executives in the life sciences. Respondents included heads of IP from corporations involved with medical devices, pharmaceuticals, and biotechnology in the U.S. and Europe. The 15-question survey yielded responses from 57 participants. Table Of Contents Introduction Resources & Metrics IP Strategy 7 8 Outsourcing & Outside Counsel Conclusion Consero Group. Reproduction Prohibited. January 2017

3 Resources & Metrics A Third Of IP Counsel Believe Patents Will Increase In Value Over The Next Few Years For close to 40% of chief IP counsel surveyed, budgets increased over the last year, while 22% experienced a reduction. Only 17% of IP executives in the life sciences experienced an increase in their staff size in Overall, 71% are satisfied with their access to necessary resources. A resounding 94% of those surveyed report that their departments are viewed as a strategic partner to the business. This is unsurprising, as many businesses in the life sciences consider intellectual property to be their competitive advantage. In looking ahead, 32% of IP counsel surveyed believe that patents will have more value in the future, while 23% believe the value of patents will lessen over the years. In turning to metrics, only 20% of responding chief IP counsel in life sciences leverage the use of metrics to assess the value generated by the company s intellectual property. Additionally, only a quarter of the IP counsel surveyed view metrics as a useful tool for measuring the value of IP to the business. Figure 1: How has your departmental budget changed over the last 12 months? Figure 2: How has your staff size changed over the last 12 months? Did not change 40% Increased 38% Did not change 78% Increased 17% Decreased 5% DEPTARTMENT BUDGET STAFF SIZE Decreased 22% Figure 3: Do you have sufficient access to resources necessary to manage your department effectively? Yes 71% No 29% Consero Group. Reproduction Prohibited. January 2017

4 Resources & Metrics Figure 4: Do you use metrics to assess the value generated by the company s IP? Yes 20% No 80% Figure 5: Do metrics provide a useful and accurate measure of the value of IP to the business? Yes 24% No 76% Figure 6: Is your IP function viewed as a strategic partner of the business? Yes 94% No 6% Figure 7: Do you believe patents will have more value, less value, or about the same value over the next few years? More value 32% Less value 23% About the same 45% Consero Group. Reproduction Prohibited. January 2017

5 IP Strategy Global IP Strategy Is The Main Focus Area In 2017 For IP Counsel In The Life Sciences In the past months, 46% of companies within the life sciences field have been involved in M&A activity as part of their IP strategy. As such, 75% of chief IP counsel report being very involved or involved in their company s M&A efforts. Throughout the process, 60% of IP executives leverage outside resources to assist with due diligence on the value of their IP assets. In looking ahead, however, only 12% of respondents report M&A as a top area of focus for By contrast, 47% of IP counsel surveyed report that global IP strategy will be a top area of focus, with research and development following at 27%. Figure 8: Was your company involved in M&A activity in the past months as part of your IP strategy? Yes 46% No 54% Figure 9: How involved are you in your organization s M&A efforts? 40% 35% 21% 4% Very involved Involved Somewhat involved Not involved Consero Group. Reproduction Prohibited. January 2017

6 IP Strategy Figure 10: Do you use outside resources to assist with due diligence on the value of IP assets during the M&A process? Yes 60% No 40% Figure 11: What are your top areas of focus for 2017? (Select all that apply.) Global IP strategy 47% Research & Development 36% Cost management 27% IP Litigation 20% Outside counsel management 12% M&A 12% Consero Group. Reproduction Prohibited. January 2017

7 Outsourcing & Outside Counsel Seventy-Eight Percent Of R&D In The Life Sciences Industry Is Performed In House With regards to research and development, it is interesting to note that 78% of IP executives surveyed report performing their R&D in house. When it comes to patentability analyses, however, a smaller percentage (52%) do turn to outside resources. Fortunately, most chief IP counsel report receiving sufficient value for the cost of outside counsel. Over 50% of those surveyed leverage the use of fixed-fee arrangements, while 43% report never using such billing structures. Figure 12: Does your company perform most R&D in house, or do you outsource most R&D? Figure 13: Do you use outside resources to perform patentability analyses? Outsource 22% Yes 52% In house 78% No 48% Figure 14: How often do you use fixed-fee arrangements with your outside IP counsel? Figure 15: Does your outside counsel provide sufficient value for the cost? Never 43% Always 2% Sometimes 55% No 20% Yes 80% Consero Group. Reproduction Prohibited. January 2017

8 Conclusion Lessons For The Industry Chief IP counsel in the life sciences industry seem focused primarily on setting global strategy for their departments, while investing in research and development to continue to grow their company s IP portfolio. Fortunately, these executives seem to be considered strategic partners to the business, indicating a level of influence and contribution to top-line and profit growth of their organizations. Through efficiently leveraging both internal and outside resources to optimize their department s function, chief IP counsel in the life sciences will be in the best position to continue to deliver a positive impact to the business. About Sterne, Kessler, Goldstein & Fox Sterne, Kessler, Goldstein & Fox is an intellectual property law firm of 180+ professionals devoted to providing high value patent and trademark legal services. For nearly 40 years, we have helped companies build and enforce worldwide IP portfolios from Washington, D.C., Sterne Kessler s service model is built on the unrivaled technical depth of its professionals, including over 55 Ph.D.s and 110 other advanced technical degrees. Our range of services include: Patent preparation and prosecution, including management of worldwide prosecution Strategic patent portfolio development and portfolio management Patent Office litigation, including inter partes reviews (IPR), post-grant reviews (PGR), derivation and covered business method (CBM) proceedings District court, U.S. International Trade Commission, trade secret, and appellate litigation Advice on licensing, technology transfer, commercialization, monetization and due diligence Trademark and copyright prosecution and litigation (courtroom and TTAB) About Consero Founded in 2010, Consero Group is an international leader in creating function-specific events for senior-level executives in industries that include Legal, Compliance, Brand Protection, Customer Experience, HR and Procurement, among others. Based in Bethesda, Maryland, Consero is best known for transforming the executive experience through intimate, invitation-only programs in a sophisticated learning environment with high-level content. For more information on Consero, please visit Opportunities To Participate Opportunities to participate at future Consero events may be available on a limited basis. Please contact our team for additional information. (202) UPCOMING EVENTS IP Executive Roundtable For Life Sciences March 30, 2017 Loews Boston Hotel, Boston, MA IP Forum For Life Sciences April 24 26, 2017 Steigenberger Drei Mohren, Augsburg, Germany Consero Group. Reproduction Prohibited. January 2017

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