Fusion Case Western
Reserve University

FusionCurriculum — RGME 467

Intellectual Property Management, Opportunity Assessment & Commercialization

An advanced interdisciplinary graduate course that simulates the real translation of an early-stage biomedical invention. Teams are handed an active, undisclosed disclosure from the university's technology transfer office and spend the semester deciding whether it is worth pursuing — and proving the answer.

Term
Fall 2026
Credits
3
Meets
Mon & Wed, 4:40–5:55 pm
BRB 105
Lead instructors
Theodore Theofrastous, J.D.
Joseph Jankowski, Ph.D.

Cross-listed as

RGME 467 · EBME 467 · ECSE 467 · GENE 467 · LAWS 5341 · MGMT 467

The course

Six integrated commercialization tracks

Rather than evaluating a technology on scientific merit alone, the course teaches students to view a discovery through six tracks at once. Each track is a distinct competence; together they are a single argument about whether an asset can move from the bench to the clinical market.

01

Needs Analysis

The critical starting point is not the solution but the unmet clinical need. Clinical efficacy alone does not guarantee a viable product. This track teaches students to strip the assumptions away from an invention and state the underlying problem in a solution-independent way.

The foundational principle

Don't confuse the need with today's technology. "I do not need a drill; I need a hole in the wall." Embedding a solution inside a need statement narrows the horizon prematurely and blinds the team to better engineering pathways.

Following the Stanford Biodesign methodology, students construct a formal needs statement from three elements — the problem (the specific clinical pathology or operational breakdown), the population (the clearly defined group of beneficiaries), and the outcome (the measurable, desirable change) — then screen it against direct observation.

02

Intellectual Property Strategy

To commercialize a biomedical breakthrough, developers must secure a competitive moat that protects capital across a decade-long translation horizon. Students learn to dissect a patent document — the background, the detailed description that must enable a practitioner of ordinary skill, and the claims that define the metes and bounds of the monopoly.

The central distinction is between patentability and freedom to operate. Patentability is the offensive moat: novel, non-obvious, patent-eligible. FTO is the defensive clearance: confirming that practicing the technology does not infringe existing third-party patents. Students learn to layer protection, combining composition-of-matter claims with proprietary manufacturing processes and method-of-treatment claims.

03

Market Analysis & Clinical Landscaping

Students size market potential sequentially — from total addressable market, narrowing to serviceable addressable market for geographic and channel constraints, and finally to the serviceable obtainable market a venture can plausibly capture early.

Sizing is paired with segmentation, and in healthcare the parties genuinely differ: the needer (the patient), the purchaser (the hospital administrator), the decider (the physician), and the payer (commercial insurers and CMS) are four distinct stakeholders. A credible landscape defines the value proposition and the adoption barrier for each.

04

Economic Modeling & Financial Projections

Modeling is taught as a tool for strategic decision-making, not spreadsheet arithmetic. As the instructors put it: all models are wrong; some are useful. A model is only as good as the strategic assumptions feeding it.

Students build pro formas identifying cost of goods sold (including yield losses and manufacturing scale-up), SG&A overhead, and ongoing capital expenditure — then risk-adjust them. In the life sciences that means probability-weighting phase gates to reflect cumulative clinical attrition, where roughly nine percent of drug candidates move from Phase I to approval, and adjusting discount rates to reach a realistic net present value.

05

Commercialization Transactions & Licensing

Most academic inventions are commercialized not by the university but through licensing to an external partner. This track covers the institutional and legal context of technology transfer under the Bayh-Dole Act — including why a tax-exempt institution is bound to seek an arm's-length, fair-market exchange.

Students draft, analyze, and negotiate licensing term sheets, studying how upfront payments, developmental milestones, earned royalties, and annual maintenance fees distribute risk and reward. The track ends in a multi-party licensing simulation with teams on either side of the table.

06

Opportunity Assessment & Integration

The capstone track synthesizes everything preceding it. Students learn that a commercial thesis rests on a three-legged stool — a validated IP moat, a mapped unmet need, and secured technical and clinical resources. If one leg fails, the thesis collapses.

Ventures are evaluated with qualitative and quantitative frameworks including the Timmons model and stage-gate development, and technologies are rated on Technology, Commercial, and Manufacturing Readiness Levels. The track forces separate data points into a single narrative about clinical utility and investibility.

Cases & frameworks

What we argue about

Method is reinforced through two discussion cases, one assigned reading, and a recurring framework applied across all of them. Each is chosen to expose a specific transition risk on the translation journey.

01

The Embrace Infant Warmer

An ultra-low-cost infant warmer designed for developing nations, born out of Stanford's Extreme Affordability class under a cost target of one percent of a standard twenty-thousand-dollar hospital incubator. The case exposes the realities of designing for resource-limited settings, and asks students to evaluate how the founders' diverse backgrounds aligned — or failed to align — with the project's actual tasks.

It also tracks Embrace's pivot from a pure non-profit to a hybrid structure, analyzed as a strategic answer to the non-profit funding trap in which an organization begins every year at a cash balance of zero.

  • Is the Embrace infant warmer a business opportunity or a social philanthropy?
  • What are the trade-offs of a hybrid corporate structure?
  • How must distribution be designed when selling a novel clinical concept to bottom-of-the-pyramid healthcare systems?
02

BKK: Commercializing a New Drug

A commercialization decision that must be made before the evidence is complete. The candidate has cleared its early hurdles; the question is not whether the science works but what to do with it — license the asset, partner and share the risk, or raise capital and carry it alone. Each route trades control against capital, speed against dilution.

The case is chosen because it forces a recommendation rather than an analysis. That discipline — deciding under acknowledged uncertainty, and being explicit about the load-bearing assumption — is exactly what the final opportunity assessment demands.

  • Should BKK proceed, and by what route?
  • What single assumption does your recommendation most depend on, and how would you test it?
  • What evidence would reverse your position, and what would that evidence cost to obtain?
03

Ryoncil — assigned reading

The first mesenchymal stromal cell therapy approved by the FDA, cleared in December 2024 for children with steroid-refractory acute graft-versus-host disease. Developed across two decades and twice rejected, it is a masterclass in the realities of cell-therapy commercialization.

The reading raises three decision nodes: the platform choice of allogeneic over autologous preparations, which enabled industrial manufacturing; a single-arm trial judged against a prespecified historical control rather than a randomized comparator; and the regulatory rejections, where a complete response letter over manufacturing potency assays delayed approval by four years. It also illustrates the last-mile problem — a permanent billing code, secured in October 2025, acted as the actual commercial catalyst.

  • How does a single-arm trial design affect regulatory risk, and when is a historical control sufficient?
  • Why does a billing code matter more to adoption than clinical trial data alone?
  • How does ultra-orphan status shape pricing and label-expansion strategy?
04

The Pineapple Voyage

Not a case but a recurring framework, applied throughout the semester. It models a seventeenth-century merchant voyage to the New World as an analogy for early-stage translation: a merchant managing immense risk to bring back a perishable, exotic cargo faces the same structure of problem as an innovator navigating technical, regulatory, and financial hurdles.

Six principles

The preservation problem — perishability is the most dangerous assumption; test the core technical assumption first and cheapest. The crown and resources — regulatory licensing is not optional. Secure the buyer first — forward contracts convert speculation into commerce. Know your assumptions. IP is the route, not the pineapple — the maps and preservation methods are the defensible asset, not the cargo. Salt solves multiple problems — find the single operational solution that answers several constraints at once.

Deliverables

Four milestones, one assessment

The core deliverable is a team-driven, semester-long project on an assigned invention. Four structured milestones build toward the final integrated opportunity assessment, and together account for half the course grade.

Milestone 1 IP, Financial and Technological AnalysesInvention definition and mechanism; prior-art and patentability mapping across five to ten predicate patents; freedom-to-operate analysis with work-around strategies; and a claim strategy layering composition, manufacturing, and method-of-treatment claims. 10% · Team
Milestone 2 Market Definition and DynamicsBottom-up TAM/SAM/SOM sizing on sourced epidemiologic data; the regulatory and reimbursement roadmap; a ten-year pro forma; explicit COGS, SG&A and CAPEX structure; and a working NPV with phase-gate transition probabilities. 10% · Individual
Milestone 3 License Negotiation SimulationTeams split into university and company sides and must reach a licensing agreement, working from confidential fact sheets that set each side's real financial constraints. Assessed on preparation, execution, and the negotiated term sheet. 10% · Team
Milestone 4 Final Integrated Opportunity AssessmentA ten-minute pitch delivered live before instructors, technology transfer professionals, and venture investors — followed by panel questions. The written assessment follows in the exam period, incorporating what the panel challenged. 20% · Team

Assessment

WeightComponentBasis
20%Final integrated opportunity assessmentTeam
25%Take-home examIndividual
10%IP, financial and technological analysesTeam
10%Market definition and dynamicsIndividual
10%License negotiation simulationTeam
10%Class assignments and module discussionsIndividual
10%Team-evaluated participationPeer review
5%Data source integrationTeam

Required text

Yock, Zenios, Makower and Brinton, Biodesign: The Process of Innovating Medical Technologies, 2nd edition (2015).