Case Study 2 – Incept LLC and Confluent Surgical (A)

Answer the following questions:
As part of the legal team recently recruited at Confluent Surgical, you were tasked to review the license agreement and analyze the company’s business strategy including its IP and regulatory strategy, product offering, value proposition, financials, and market attractiveness. Based on your analysis, which should include a summary of the factors and concerns about this investment deal, make a recommendation on the best path forward. You must support your recommendation with sound evidence based on your analysis.
For this assignment, start by presenting your recommendation up front for quick evaluation followed by in-depth analysis.
General Guidelines:
Exhibits do not count towards the length limit but cannot be primarily text and should contain specific types of analyses (competitiveness, cost and benefit, risk assessment, financials, gaps, etc.) and information that backs up the recommendation and is relevant. It cannot be an extension of the text.
This written assignment should reflect the student’s own ideas, analysis, and answers. Whenever the student is adding information where others have contributed, or non-original ideas have been included, the student must give proper recognition and reference. Please take the time to review the Academic Integrity Policy, which is published on Sheridan’s Academic Integrity Office website.
Avoid rehashing of case data. Case facts should only be used to support a specific line of reasoning. Assume the reader is familiar with the case.
Remember not to build your recommendation solely based on case data, which might have questionable validity.
When applicable, be sure to include a brief discussion of alternatives or strategies you did not choose and your reasoning for their dismissal.



Sample Answer

Sample Answer


Title: Analysis and Recommendation for Incept LLC and Confluent Surgical (A)


Based on the analysis of the license agreement, business strategy, IP and regulatory strategy, product offering, value proposition, financials, and market attractiveness of Confluent Surgical, it is recommended that Incept LLC should proceed with caution in the investment deal. While there are promising aspects to the company’s profile, there are also significant concerns that need to be addressed before finalizing the agreement.

In-Depth Analysis

Business Strategy:

Confluent Surgical’s business strategy shows a focus on innovation and unique product offerings in the surgical field. The company’s commitment to developing cutting-edge technologies indicates a strong potential for growth and market penetration. However, the lack of diversification in product offerings may pose a risk in terms of sustainability and adaptability to changing market demands.

IP and Regulatory Strategy:

The company’s robust IP portfolio provides a competitive advantage by safeguarding its innovative technologies. The clear regulatory strategy ensures compliance with industry standards and requirements, reducing the risk of legal issues. However, potential challenges related to patent expiration and evolving regulatory landscape need to be carefully monitored to sustain market leadership.

Product Offering and Value Proposition:

Confluent Surgical’s product offering, particularly its advanced surgical sealants, addresses critical healthcare needs and presents a compelling value proposition to customers. The emphasis on efficacy, safety, and cost-effectiveness enhances its competitive positioning in the market. Nonetheless, the dependence on a limited product line exposes the company to risks associated with market fluctuations and technological advancements.


The company’s financial performance demonstrates positive growth trends, with increasing revenues and profitability. The strong financial position indicates operational efficiency and effective resource allocation. However, the reliance on a single product category raises concerns about revenue diversification and long-term sustainability.

Market Attractiveness:

The market attractiveness for Confluent Surgical is promising, given the growing demand for advanced surgical solutions and the company’s established presence in the industry. The potential for expansion into new markets and strategic partnerships offers opportunities for further growth. Nevertheless, intensified competition and evolving market dynamics necessitate continuous innovation and strategic planning.

Concerns and Recommendations:

1. Diversification Strategy: Confluent Surgical should consider diversifying its product portfolio to mitigate risks associated with overreliance on a single product category.

2. Long-Term Sustainability: The company needs to develop a comprehensive plan for sustainable growth beyond its current offerings to ensure long-term success.

3. Risk Management: Proactive monitoring of patent expiry dates and regulatory changes is essential to anticipate and address potential risks proactively.


In conclusion, while Confluent Surgical presents a promising investment opportunity with its innovative products, strong IP portfolio, and market potential, there are significant concerns that require careful consideration. By addressing the identified issues through strategic planning, diversification, and risk management, Incept LLC can maximize the benefits of the investment deal and position itself for long-term success in the healthcare industry.



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