FTO or Get Sued: How Freedom-to-Operate Searches Saved $12M for a U.S. Biotech


 Nexgen Biologics, a California biotech company, had only six weeks to go before they could release their groundbreaking cell preservation technology.

Their plans for celebration were short-lived. A routine message from their IP counsel brought the bad news: an initial review had revealed a possible patent infringement problem threatening not just their launch but the existence of the company.

This situation — a time-sensitive patent revelation threatening years of R&D investment — repeats itself with chilling regularity throughout the biotech industry. What distinguished Nexgen’s tale from that of innumerable failed start-ups, however, was a single pivotal decision made 18 months prior:

 spending money on thorough Freedom-to-Operate (FTO) analysis.

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