Before his recent arrest, Martin Shkreli, the former CEO of Turing Pharmaceuticals, gained notoriety for increasing the price of the AIDS drug Daraprim® (pyrimethamine) from about $13.50 to about $750 per pill. He also was reported to be considering a similar price hike for benznidazole, for which his new company, KaloBios Pharmaceuticals, was going to seek … Continue reading this entry Tags: Daraprim,Shkreli
In a precedential order issued in Jang v. Boston Scientific Corp., the Federal Circuit held that it has jurisdiction over the parties’ patent-related contract dispute under Gunn v. Minton even though the patents at issue have been invalidated. Despite having found Federal Circuit jurisdiction, the court denied the parties’ petition for permission to bring an … Continue reading this entry Tags: Boston Scientific,Jang,Jurisdiction,Kohle,Lear
In Endo Pharmaceuticals, Inc. v. Actavis, Inc., the Federal Circuit reversed the district court’s decision denying Endo’s motion for summary judgment of infringement based on an implied license. The Federal Circuit found that Roxane and Actavis did not have an express or implied license to practice the Endo Opana patents at issue, even though they … Continue reading this entry Tags: Actavis,Endo,License Agreement,Opana,Settlement
On September 22, 2011, the Delaware Chancery Court awarded PharmAthene, Inc. a 50 percent share of profits above a certain threshold amount from sales of SIGA Technology Inc.’s pharmaceutical product known as ST-246, due to SIGA’s failure to negotiate in good faith for the grant of a license to PharmAthene. The outcome of this case … Continue reading this entry Tags: good faith,PharmAthene,SIGA,ST-246,term sheet
On May 10th, at Foley & Lardner LLP's 2011 Boston Life Sciences conference, I participated on a panel entitled "Match Making: Identifying Partners, Creative Collaborations and Long Term Outcomes." Mike Morency, Ph.D., an Intellectual Property partner in Foley's Boston office moderated the discussion among John A. Delyani, Ph.D., M.B.A., Head, Therapeutic Areas for Strategic Alliances at the Novartis Institute of BioMedical Research, Gerry Brunk, Managing Director at Lumira Capital, and me.
… Continue reading this entry Tags: Acquisitions,Bare-Knuckle Tactics,Epizyme,Investors,IPO,Plexxikon
On May 16th, Amylin Pharmaceuticals announced that it had filed a lawsuit against Eli Lilly alleging that Lilly is engaging in anticompetitive activity and breaching its strategic alliance agreements with Amylin to maximize commercialization of BYETTA® (exenatide) injection, a first line treatment for type 2 diabetes. In September 2002, Amylin and Lilly entered into a Collaboration Agreement, U.S. Co-promotion Agreement and several related agreements for the development and commercialization of BYETTA...Since the complaint was filed under seal, we do not know Amylin's specific arguments as to how Lilly breached the agreements with Amylin. These agreements have been publicly filed with the SEC (see [here] for the Co-Promotion Agreement and [here] for the Collaboration Agreement), so a review of some of the provisions may shed some light on the possible arguments by each party.
… Continue reading this entry Tags: Amylin,Boehringer Ingelheim,Byetta,Co-Promotion,Collaboration,Exenatide,Lilly,Tradjenta
On June 15, 2010, Neurocrine Biosciences, Inc. and Abbott International Luxembourg S.à r.l entered into a $575 million collaboration deal for the development and commercialization of elagolix, Neurocrine’s novel, first-in-class oral gonadotropin-releasing hormone (GnRH) antagonist for the treatment of endometriosis-related pain and uterine fibroids. The collaboration agreement was filed by Neurocrine with the U.S. Securities and Exchange … Continue reading this entry Tags: $575 Million,Abbott,Elagolix,License,Neurocrine