Structuring, Negotiating and Managing Pharma/Biotech Collaborative Agreements

About

With pipelines drying up, patent expirations at an all time high and R&D costs through the roof, the stakes in negotiating and maintaining lucrative licensing and collaborations could not be higher. But as the critical nature of these deals increases, so do the challenges and complexities. Competition is increasing, laws are changing, and M&A activity is heating up. Further, IP valuation contingencies are arising in the wake of the Supreme Court's MedImmune decision, and parties are seeking greater protection for their IP rights and looking to draft termination provisions that allow both parties to walk away with their assets intact.

In addition, selecting the right partners, deal structure and compensation analysis are crucial to the success of the deal, and an assessment of these factors must be done early in the process. Lastly, as biotech/pharma look more and more to collaborate with the government and institutional researchers for a competitive edge, they face a distinct culture clash that leads to wheel-spinning, preventing agreements from being reached.

Unlike any other licensing event, you will not only get the opportunity to network with and learn from a diverse, front-line faculty of experienced in-house counsel, licensing and business development executives from leading pharmaceutical and biotech companies, but you will also receive practical guidance on how to translate new laws and trends into a winning business strategy and overcome challenges and complexities in negotiating and maintaining the best deal available for your company's needs.

American Conference Institute's annual conference continues its tradition this year by bringing together key industry leaders and government representatives in order to discuss the critical issues impacting this ever changing landscape. The conference program is currently under development but please check back soon for an updated agenda and list of keynote speakers.

Contents & Contributors

Factoring Takeaways from Recent Deals and Trends into Your Collaborations Strategy
Michael Crowley, Associate Director, Business Development, Genentech Inc. (South San Francisco, CA)
Denise M. McGinn, V.P., Business Development, Biotechnology, Immunology, Oncology, Johnson & Johnson Pharmaceuticals Group (Horsham, PA)
Alex Scott, Vice President, Business DevelopmentEisai (Woodcliff Lake, NJ)
Moderator:
Randall B. Sunberg, Partner, Chair Life Sciences Transactions, Morgan, Lewis & Bockius LLP (Princeton, NJ)

Limiting the Potential for Litigation: Best Drafting Practices After Quantaand MedImmune
Michael A. Epstein, Partner, Weil, Gotshal & Manges LLP (New York, NY)
Michael F. Hurley, Partner, McDermott Will & Emery LLP (New York, NY)

Prelude to Acquisition? Incorporating M & A Considerations Into Your Collaboration Strategy
Lawrence R. Miller, Assistant General Counsel, Licensing and Mergers & Acquisitions, Pfizer Inc. (New York, NY)
Faye H. Russell, Partner, Latham & Watkins LLP (San Diego, CA)
Kevin G. Taylor, Vice President of Business Development, Adolor Corporation (Exton, PA)

Negotiating Critical IP Terms and Compensation Structures to Accelerate Development and Maximize Profits
Timothy Herpin, Ph.D., Director, Scientific Licensing, Bristol-Myers Squibb (Princeton, NJ)
Fernando J. Salles, Ph.D., Senior Director, Global Strategy & Portfolio Management, Organon International, a part of Schering-Plough (Roseland, NJ)
Howard S. Schwartz, Partner, DLA Piper (Baltimore, MD)

Incorporating International Business Strategies into Collaborative Agreements
Eileen Smith Ewing, Partner, K&L Gates LLP (Boston, MA)
Kenneth Krisko, Partner, Cooley Godward Kronish LLP (Reston, VA)

Successfully Negotiating Collaborative Research Agreements with Academic Institutions
Nicholas Buffinger, Ph.D., Director, Strategic Alliances - Biologics, Novartis Institutes for BioMedical Research Inc.(Cambridge, MA)
John W. Puziss, Director of Technology Licensing, Yale University (New Haven, CT)
Catherine Shea, Associate Counsel for Technology Transfer and Research Compliance, University of Colorado (Denver, CO)

Alliance Management: Establishing Governance Structures for Successful Collaborations
Paul A. Stewart, Manager, Global Business Development, Eli Lilly (Indianapolis, IN)
Brianne Weingarten, Executive Director, Alliance Management, Purdue Pharma (Stamford, CT)
Frank S. Vellucci, Partner, Chadbourne & Parke LLP (New York, NY)

Asset Spin-Outs: Overcoming Challenges in Negotiating Out Licensing by Pharma and Big Biotech
Cynthia J. Zarsky, Senior Director, Research Contracts and Outlicensing Merck Research Laboratories (Rahway, NJ)
Kingsley L. Taft, Ph.D., Partner, Goodwin Proctor LLP (Boston, MA)

Setting the Stage for Success by Choosing the Right Partner and Conducting Effective Due Diligence
Paul Thompson, Senior Legal Director, Licensing, Schering-Plough (Kenilworth, NJ)
Beth E. Arnold, Partner, Foley Hoag LLP (Boston, MA)

Defining Critical Termination Rights
Alane Barnes, General Counsel, BioCryst Pharmaceuticals, Inc. (Birmingham, AL)
Daryn A. Grossman, Partner, Proskauer Rose LLP (New York, NY)