Life Sciences Collaborations & Licensing

Foley’s Life Sciences Collaborations & Licensing attorneys work together to ensure you are fully protected when entering into collaborative and licensing agreements.
We counsel you on structuring, negotiating, and implementing collaborative and licensing transactions that may have a major, even transformative, impact on your life sciences company’s business. Our Collaborations & Licensing IP attorneys provide in-depth due diligence and tailor the process to fit your needs and the type and size of the transaction, while the corporate members structure competitive and well-researched agreements designed to help foster your growth and innovation in the life sciences sector. In addition, we also work closely with our FDA, antitrust, reimbursement, and other Foley attorneys to provide you with cohesive and complete transactional services.

Representative Matters

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In January 2014, Dainippon Sumitomo Pharma Co., Ltd entered into an agreement with Edison Pharmaceuticals, Inc. ("Edison") that amends the license agreement between the two companies relating to EPI-743 and EPI-589, which are therapeutic agents under development for mitochondrial disease. On the same date, a joint research agreement for discovery of novel candidate pharmaceutical compounds targeting cellular energy metabolism and a stock purchase agreement relating to DSP’s purchase of an equity interest in Edison were also entered into. Foley & Lardner LLP client Dainippon Sumitomo Pharma Co., Ltd. manufactures and sells pharmaceuticals, food ingredients, food additives, veterinary medicines, diagnostics, and others in Japan, China, North America, and internationally. The company offers various pharmaceutical products and develops and sells ingredients and additives and offers veterinary medicines for companion animals, including dogs and cats; and farm animals, such as cattle, swine, horses, and cultured fish. Additionally, the company develops point-of-care testing diagnostic products for infectious diseases. The company was founded in 1897 and is headquartered in Osaka, Japan. Dainippon Sumitomo Pharma Co., Ltd. operates as a subsidiary of Sumitomo Chemical Co., Ltd. Edison Pharmaceuticals is a biotechnology company based on the discovery and development of low-molecular therapeutic drugs for the treatment of Mitochondrial disease. Founded in 2006, it is headquartered in Mountain View, California, USA.
Led an IP due diligence team and assisted in drafting portions of the license agreement between a life sciences company and a cell-based therapy company. The technology involved complex cell-based therapy useful in treating critical limb ischemia, requiring a difficult freedom to operate assessment of highly entangled IP in an area where many cross-licenses exist. The deal received the Deal of Distinction Award by the Licensing Executives Society.
Handled collaboration and supply agreement with Omega Protein regarding Omega 7 products, and distribution agreement with Omega Protein’s subsidiary, Cyvex.