As discussed on Foley’s Health Care Law Today blog, personalized medicine treatment trends and innovations are leading diagnostic and therapeutic companies to form complex arrangements and partnerships with the ultimate goal of delivering improved patient treatment. Diagnostics are married to a single or multiple treatments. Devices connect patients with providers. Health care systems may partner with data analytics companies. But do these partnerships that facilitate the creation and delivery of personalized health care adequately protect IP and/or foster potential IP liability for the innovations and their partners?
While the U.S. Supreme Court’s decisions in Prometheus, Myriad, and Limelight may have clouded how and what type of innovation is protected in the United States, there are steps companies can take before forming new contractual arrangements that mitigate IP risk and protect future innovations. Learn more here.