There’s no shortage of AI content across headlines and timelines, but not all of it feels like real, practical conversation. And that’s exactly why we launched the “Down the Gradient” podcast. We want to have genuine discussions about AI governance and regulation, trust and safety, and what AI-driven investments and exits mean for our clients and connections.
Why “Down the Gradient”? The name nods to a core concept in machine learning: following the gradient. This is how models learn, refine, and improve toward an optimal solution.
AI is doing something similar in our daily lives, influencing everything from our kids’ homework and bedtime routines to the evolution of our clients in the life sciences industry. To explore this in depth, we couldn’t think of a better first guest than Andrew Whitehead, a Fenwick alum and the associate general counsel at Genentech.
When it comes to AI in the life sciences industry, Andrew emphasized that AI’s core purpose remains the same: making predictions from data. But when it comes to patent protection for AI-related inventions, things are complex. We discussed key cases and the implications of revised inventorship guidance from the U.S. Patent and Trademark Office.
We also explored AI partnerships, looking at what makes a good one and what can derail a deal. Andrew stressed the importance of aligning goals, objectives, and expectations. In biopharma, traditional deal structures are well understood, but AI introduces new concepts like models, training data, and weights, which can cause disconnects. We agreed that these provisions are complex and require careful balance between protecting proprietary data and enabling collaboration.
While AI brings many benefits to life sciences, it also comes with ethical and reputational risks. For example, pharma companies distributing drug information online need to ensure accuracy when AI tools like chatbots provide health-related guidance.
We ended the conversation with Andrew sharing advice for startups entering biotech AI. His advice (with a lawyer’s caveat, of course) is to adopt a holistic IP strategy. Don’t think in silos, focusing only on patents or trade secrets; instead, weigh the trade-offs between openness and protection. Above all, be deliberate and intentional.
We’re excited to keep these conversations going. Join us and subscribe so you don’t miss an episode.