Specialty

AI in Life Sciences

Driving responsible AI innovation in life sciences by guiding development, compliance, and commercialization across the full product lifecycle

Artificial intelligence is accelerating innovation across the life sciences sector, reshaping how therapeutics, devices, diagnostics, and research platforms are discovered, validated, and brought to market. Foley Hoag’s AI in Life Sciences practice combines deep industry knowledge with multidisciplinary regulatory, IP, privacy, and transactional capabilities to help clients develop, deploy, and commercialize AI responsibly. We advise on the full AI product lifecycle—from early research and data sourcing to model development, validation, clinical integration, and post‑market performance—ensuring compliance with evolving global expectations for safety, transparency, and reliability.

As AI-enabled technologies expand, life sciences companies face new challenges related to data rights, cybersecurity, cross‑border compliance, IP ownership, contracting, and promotional strategy. Our team helps clients build strong governance frameworks, protect proprietary assets, mitigate risk associated with complex datasets and third‑party tools, and structure collaborations that support sustainable AI innovation. We provide practical, forward‑looking guidance that allows organizations to use AI with confidence while maintaining the regulatory rigor required in healthcare and scientific environments.
 

AREAS OF FOCUS


Quality, Safety, and Post‑Market Obligations

  • Integrating AI systems within GxP and quality‑system frameworks
  • Managing model risk—including bias, drift, robustness, cybersecurity, and usability
  • Establishing post‑market surveillance for AI performance, updates, and corrective actions

Data, Privacy, and Cybersecurity

  • Securing lawful data sources, rights, consents, and provenance for clinical and real‑world datasets
  • Addressing HIPAA and state privacy laws governing AI data use
  • Building security‑by‑design safeguards for models, datasets, pipelines, and incident‑response plans
  • Structuring compliant EU/UK and global data transfers in research and clinical settings

Intellectual Property, Data Rights, and Portfolio Strategy

  • Coordinating patent strategies with regulatory exclusivities for AI‑enabled products
  • Advising on ownership and inventorship for models, training data, improvements, and AI‑assisted research
  • Evaluating freedom‑to‑operate risks for third‑party models, open‑source tools, and datasets
  • Protecting models, datasets, and pipelines through trade secrets and tailored confidentiality frameworks
  • Structuring data‑licensing agreements to support retraining, commercialization, and derivative works

Labeling, Promotion, and Market Access

  • Ensuring promotional claims align with validated AI performance and explainability obligations
  • Supporting payer engagement by demonstrating clinical utility and economic value of AI‑driven products

Strategic Contracting and Collaboration

  • Drafting AI‑specific deal terms addressing data use, model ownership, updates, exclusivity, and audit rights
  • Allocating validation, monitoring, SLAs, and clinical‑risk responsibilities in development partnerships
  • Structuring research, licensing, MTA, CTA, and tech‑transfer agreements to secure key IP and data rights
  • Supporting co‑development, co‑promotion, distribution, and supply arrangements for AI‑enabled products
Publication

Artificial Intelligence in Life Sciences: Key Trends

Artificial intelligence has moved well beyond the experimental phase in the life sciences industry, and is now embedded across the value chain from early-stage drug discovery through manufacturing and commercial operations. Understanding where AI is delivering real value, and where challenges remain, is essential for informed strategic planning.

Experience

  • Represented a research institute in license agreement with Amazon Web Services (AWS) for access to health data for AI training
  • Represented a multinational technology company in a variety of patent prosecution matters surrounding generative AI, particularly regarding generative adversarial networks (GAN)
  • Conducted a state-by-state survey on behalf of a software company, detailing consumer privacy laws or laws limiting the use of AI in businesses. Advised the company on issues relating to privacy, employment and other concerns based on requirements by state.
  • Advised global healthcare provider on US rollout of its AI solution for cancer treatment, which included how to manage incoming data
  • Advised on FDA regulatory and human subject protection implications of deployment of AI-fueled radiology and pathology software as a medical device in offshore telemedicine service
  • Represented an AI-based platform that uses self-reported clinical information to facilitate the search for clinical trials and other advanced treatment options, in its Series A-1 Financing
  • Advised drug discovery company in IP protection strategies for literature mining and target identification
  • Advised cancer therapy company in IP protection strategies for technologies related to large scale biological datasets
  • Conducted Human Rights Impact Assessment for Microsoft relating to cloud and AI technologies
  • Advised a biotechnology company on the licensing of a machine learning platform to manage computations for the client to train its AI/ML models
  • Advised a biotech company on a subscription agreement for software that uses AI to generate software code (competing product to Github CoPilot)
  • Advised research university on patent prosecution matters surrounding generative models for sampling many-body quantum mechanical systems
  • Represented research university in a variety of patent prosecution matters surrounding generative AI, particularly regarding generative adversarial networks (GAN)