By Michael J. Moedritzer, Associate, Polsinelli (Special Guest Contributor)
For biotech founders, intellectual property (IP) can make or break a company. The life sciences industry is driven by innovation, but it is also crowded with patents. While it’s essential to build your own IP portfolio, it is just as critical to ensure that your product will not infringe on someone else’s. Overlooking this risk can expose your startup to costly lawsuits that could derail your business before it has a chance to grow.
What is an FTO Opinion?
An FTO Opinion is a legal review by an IP attorney that determines whether your startup can develop, manufacture, and sell a product without infringing existing patents. The attorney analyzes relevant patents and applications in your target markets and provides guidance on whether changes to your design or a licensing agreement might be necessary.
Why Founders Need It
For founders, an FTO Opinion provides more than legal coverage. It gives you peace of mind that you are not unknowingly putting your company at risk. It can also provide protection if litigation arises, helping you defend against claims of willful infringement and limiting potential increased damages. Most importantly, it strengthens your credibility with investors and partners by showing that you have done the due diligence to safeguard your innovations.
Where to Start
Securing an FTO Opinion requires working with an experienced IP attorney, who will tailor the analysis to your product and market strategy. While it is an investment, it is one that could save your company millions and ensure that your innovation makes it to market.
Michael Moedritzer is an Associate in Polsinelli’s Intellectual Property department. He focuses his practice on domestic and international patent prosecution and works with clients to revise, analyze and evaluate intellectual property-related issues to provide comprehensive overview of the portfolio.
Given the ‘pipeline in a product’ potential of drugs targeting this pathway, big pharma has shown considerable interest, with Genentech/Roche snapping up Jecure Therapeutics for an undisclosed amount, and both Novartis and Roche splashing out hundreds of millions of dollars for pioneer companies IFM Tre and Inflazome, respectively. In 2022, Novo Nordisk licensed Ventus Therapeutics’ peripherally restricted NLRP3 inhibitor in a deal worth up to $703 million, lending weight to pharmacological inhibition of NLRP3 as a complement to glucagon-like peptide-1 agonists (GLP-1s) in cardiometabolic disease. And with several programs now entering the clinic, investment activity in the area has continued, with Enveda’s announcement last week of a $150 million series D round to fund a phase 1 trial for ENV-6946, an orally delivered gut-restricted small molecule targeting the NLRP3/tumor necrosis factor-like cytokine 1A (TL1A) pathway in inflammatory bowel disease.
While drugmakers have traditionally targeted downstream extracellular mediators of the inflammasome pathway (canakinumab or rilonacept against IL-1β or anakinra to block IL-1 receptor), NLRP3 represents a key upstream intracellular signaling hub, activated by innate immune pattern-recognition receptor (Toll like receptors 2/4) signaling via MyD88 and NFkappaB. Once activated, NLRP3 monomers unfold and associate into a massive 1.2 MDa oligomeric supracomplex with three other proteins: ASC, NEK7 and caspase 1. The mature complex then cleaves and activates proinflammatory cytokines interleukin (IL)-1β and IL-18 and primes gasdermin D to instigate cell pore formation and cell death via pyroptosis.
Mechanisms of NLRP3 inflammasome activation and inhibition. In priming, lipopolysaccharide (LPS) or IL-1β activates NF-κB, and induces the expression of proinflammatory cytokines and NLRP3. Activation mediated by ATP, nigericin, and particulate matter causes ion fluxes, mitochondrial dysfunction, reactive oxygen species (ROS) generation, and DNA damage. NLRP3 binds to oxidized mitochondrial DNA (ox-mtDNA) released through the mitochondrial permeability transition pore (mPTP), leading to inflammasome assembly. Inhibition mechanisms are shown for drugs that prevent NLRP3 activation or inflammasome formation (red boxes). CARD, caspase activation and recruitment domain; LRR, leucine-rich repeat domain; MCU, mitochondrial calcium uniporter; MSU, monosodium urate; NACHT, nucleotide-binding and oligomerization domain. Source: TIPS.
But it has been less than straightforward to identify compounds with sufficient potency to target this pivotal innate immune signaling pathway without debilitating off-target effects. Indeed, several of the first wave of compounds entering the clinic have been dogged by serious toxicities, including liver problems (MCC950 and GDC-2394) and hypoglycemia (glyburide). Now, a team led by Rebecca Coll (Queen’s University Belfast) and Kevin Wilhelmsen (of BioAge Labs) reports in TheJournal of Experimental Medicine the discovery and characterization of BAL-0028, a novel and selective small-molecule inhibitor of the human NLRP3 inflammasome.
Unlike previously studied inhibitors, BAL-0028 acts through a unique mechanism of action; it binds NLRP3’s NACHT domain at a site distinct from other inhibitors that act by directly interfering with ATPase activity. BAL-0028 has nanomolar potency against human and primate NLRP3 but, remarkably, has weak activity against the mouse target, highlighting species-specific differences.
As BAL-0028 showed very high plasma protein binding in mice, limiting its use in vivo, the team developed a derivative, BAL-0598, with improved pharmacokinetic properties. In a humanized NLRP3 mouse peritonitis model, BAL-0598 effectively reduced IL-1β and IL-6 production, confirming its anti-inflammatory activity in vivo. Importantly, both BAL-0028 and BAL-0598 inhibited hyperactive NLRP3 mutants associated with autoinflammatory diseases, in some cases more effectively than Vertex’s VX-765, a caspase 1 inhibitor, and compounds like MCC950, one of the best characterized NLRP3 inhibitors available.
The novel mechanism of action of BAL-0028 and BAL-0598 would suggest their off-target effects may be different from those associated with other NLRP3 inhibitors blocking ATP hydrolysis. The concern that such compounds might also bind other members of the NOD/NLR family (e.g., NLRP1, NLRP4 or AIM2 inflammasomes) is mitigated by most published studies indicating that NLRP3’s unique fold around the ATP binding site makes small-molecule binders selective for this family member alone. The most likely explanation from trials published to date is that the observed toxicities are associated with small molecule chemotype rather than any NLRP3 class-specific problem. In any case, the findings from this study support further investigation of these compounds as candidates for treating inflammatory and age-related diseases where NLRP3 plays a role. The race to develop a safe and effective NLRP3 inhibitor is on, with big pharma billion-dollar bets and startups jostling to create best-in-class assets across cancer, cardiovascular, neurodegenerative and metabolic disease.
A venture capital firm with a major presence in Europe invests in life science companies through various funds. The firm targets seed, venture, and growth-stage investments in European companies but also considers North American and Asian opportunities. Initial investment size ranges from €500K – 10M, preferentially in the form of straight equity. The firm is capable of leading or co-investing in financing rounds; however, for U.S. deals, the firm prefers a local investor to lead unless it is a later-stage round (i.e., B, C, etc.) and the prior round was led by a U.S. investor. The firm has greater flexibility for European-based companies and typically leads these rounds. The firm is currently in investing mode, actively seeking opportunities, with the average investment ranging from €3–5M.
The firm takes a true venture approach to investing and prioritizes breakthrough technologies with a strong IP position. Microbiome therapeutics and platforms are the primary interest, with willingness to invest as early as pre-clinical in this subsector. For other therapeutics, preferred phases of development are typically limited to pre-clinical investments into companies with a platform technology rather than those reliant on a single therapeutic asset. Medical technology and connected health companies are also evaluated, regardless of stage.
The firm prefers to work with mature, experienced management teams but is open to all entrepreneurs. The firm will invest in pre-revenue as well as revenue-generating companies, with maximum revenues of €50M.
If you are interested in more information about this investor and other investors tracked by LSN, please email salescore@lifesciencenation.com.
A global venture capital investor builds, incubates, and invests in biotech companies. The firm invests from an evergreen fund and prefers to invest at company formation or seed stage, with the latest stage being Series A. Typical investments range from $1-5M, but larger tranched investments may be made in therapeutic opportunities. With offices across multiple global hubs, the firm invests worldwide. The firm can act as either a lead or a co-investor.
The firm’s investment strategy focuses on disruptive therapeutics platform technologies and novel therapeutic modalities.
The firm prefers to back teams with a strong track record but is also open to first-time entrepreneurs. At company formation, the firm not only provides funding for initial proof-of-concept studies, but also supports the assembly of the founding team and other essential business development activities.
If you are interested in more information about this investor and other investors tracked by LSN, please email salescore@lifesciencenation.com.
A venture capital firm founded in 2018 and based in the US actively invests in early-stage life science and healthcare companies with a focus on seed stage opportunities, investing up to $1M. The firm invests mostly in US, Europe, and Israel.
The firm focuses on 2 areas: longevity and AI / future of healthcare. The firm is open to investing in therapeutics, medical devices, diagnostics, and digital health and will consider promising opportunities outside of these focus areas.
The firm does not have specific management team requirements. The firm can lead or co-invest, and will typically seek board representation when leading investment rounds.
If you are interested in more information about this investor and other investors tracked by LSN, please email salescore@lifesciencenation.com.
A venture capital investor primarily makes angel investments in seed-stage companies and works hands-on with portfolio companies to facilitate regulatory approval and commercialization. Typical initial check size is in the $500–750K range, with tranche investments possible beyond this amount. The firm is open to global opportunities.
The firm focuses on therapeutics companies in the early stages of drug discovery and development. Current areas of interest include CNS and neurodegenerative diseases, oncology, and pulmonary diseases pursued with novel approaches. While the firm works primarily with pre-clinical opportunities, it may consider other indications from time to time.
The firm’s long-term strategy is to help companies progress toward Phase II readiness for pre-clinical assets. With broad expertise in regulatory and toxicology matters, the firm takes a hands-on approach to supporting portfolio companies.
If you are interested in more information about this investor and other investors tracked by LSN, please email salescore@lifesciencenation.com.
By Joey Wong, Director of Investor Research, Hong Kong BD, LSN
Many large corporations establish ventures or innovation arms to invest in and partner with life science and healthcare startups. Unlike traditional institutional VCs, corporate venture capital (CVC) groups bring unique strategies, goals, and ties to their parent organizations. Some CVCs focus closely on opportunities that align with the corporation’s core businesses, while others pursue innovation beyond existing portfolios, creating broader avenues for collaboration.
This 50-minute discussion will bring together leaders from corporate venture arms of global pharma, biotech, medtech, and healthcare corporations. Panelists will share how they evaluate early-stage opportunities, what distinguishes their investment criteria from institutional VCs, and how they balance strategic alignment with financial return. Startups will also gain valuable perspective on how to approach CVCs, what additional benefits they can expect beyond funding, and how relationships and collaboration may evolve post-investment.
For entrepreneurs seeking strategic partners, this session offers a chance to hear directly from active CVC investors about how they drive innovation, accelerate R&D, and bring transformative solutions to the market.
Andrew Merken Shareholder Polsinelli PC
(Moderator)
Komeil Nasrollahi Sr. Director Innovation & Venture Partnerships Siemens Healthineers
Claire Leurent Managing Director AbbVie Ventures
Jeffrey Moore President MP Healthcare Venture Management (MPH)
Alex de Winter VP of New Ventures Danaher Corporation
Join us at RESI Boston this September to take part in this discussion and connect with investors across the life science and healthcare ecosystem.
The firm is focused on therapeutics companies and does not invest in medical devices, diagnostics, or digital health. The firm is open to considering assets of very early stages, even those as early as lead optimization phase. The firm considers various modalities, including antibodies, small molecules, and cell therapy. Currently, the firm is not interested in gene therapy. Indication-wise, the firm is most interested in oncology and autoimmune diseases but has recently looked at fibrotic diseases and certain rare diseases as well.
The firm is opportunistic across all subsectors of healthcare. Within MedTech, the firm is most interested in medical devices, artificial intelligence, robotics, and mobile health. The firm is seeking post-prototype innovations that are FDA cleared or are close to receiving clearance. Within therapeutics, the firm is interested in therapeutics for large disease markets such as oncology, neurology, and metabolic diseases. The firm is open to all modalities with a special interest in immunotherapy and cell therapy.
A strategic investment firm of a large global pharmaceutical makes investments ranging from $5 million to $30 million, acting either as a sole investor or within a syndicate. The firm is open to considering therapeutic opportunities globally, but only if the company is pursuing a market opportunity in the USA and is in dialogue with the US FDA.
The firm is currently looking for new investment opportunities in enterprise software, medical devices, and the healthcare IT space. The firm will invest in 510k devices and healthcare IT companies, and it is very opportunistic in terms of indications. In the past, the firm was active in medical device companies developing dental devices, endovascular innovation devices, and women’s health devices.
A venture capital firm founded in 2005 has multiple offices throughout Asia, New York, and San Diego. The firm has closed its fifth fund in 2017 and is currently raising a sixth fund, which the firm is targeting to be the largest fund to date. The firm continues to actively seek investment opportunities across a […]