Mergers & Acquisitions

• United States Medical Supply (US Med) in the sale of its urology division to Strive Medical 
• Ovuline (d/b/a Ovia Health), a digital health company focused on maternity and family benefits for employers and health plans, in its sale to leading global life sciences company Labcorp (NYSE: LH) 
• Genuity Science, a life science technology company that provides world-leading genomics and multi-omic analytics, in its sale to HiberCell 
• Novellus Therapeutics, a developer of novel medicines intended for the treatment of pediatric disease, in its sale to Brooklyn ImmunoTherapeutics (NYSE: BTX) for $125 million 
• Dogma Therapeutics in the sale of its oral PCSK9 program to global biopharmaceutical company AstraZeneca plc (Nasdaq: AZN)
• Global biopharmaceutical company Alexion Pharmaceuticals (Nasdaq: ALXN) in various transactions, including:
  • its acquisition of clinical-stage biopharmaceutical company Achillion Pharmaceuticals (Nasdaq: ACHN) worth up to $1.2 billion
  • its $1.2 billion acquisition of clinical-stage biotechnology company Syntimmune, Inc.
• Galen Partners in its acquisition of Evolve Treatment Centers, a behavioral health services provider
• Global biotechnology company Thermo Fisher Scientific (NYSE: TMO) in numerous acquisitions, including: 
  • in its acquisition of PeproTech, a Cranbury, New Jersey-based provider of bioscience reagents for $1.85 billion 
  • its acquisition of Combinati Incorporated and its digital PCR (dPCR) technology
  • its acquisition of programmable dye platform pioneer Phitonex 
  • its acquisition of Brammer Bio for $1.7 billion in cash
  • its $477 million acquisition of Becton, Dickinson and Company’s Advanced Bioprocessing business
• OMNI Orthopaedics, a pioneer in robotic-assisted total knee replacement, in its acquisition by Corin USA Limited, an affiliate of U.K. international orthopedic company the Corin Group, which is backed by the private equity firm Permira
• Organogenesis, a world leading regenerative medicine company focused in bio-active wound healing and soft tissue regeneration, in connection with its acquisition of the Dermagraft assets from Shire (Nasdaq: SHPG), a multinational innovator of specialty biopharmaceuticals based in the UK
• AurKa Pharma, a company established by TVM Capital Life Science to develop an oncology compound with the potential to treat certain types of solid tumors, in a sale worth up to $575 million to Eli Lilly and Company (NYSE: LLY)
• CutisPharma, a specialty pharmaceutical company that develops and commercializes compounding kits that help patients who are unable to swallow conventional oral dosage forms such as tablets and capsules and recently launched FDA-approved drug Firvanq, in its sale to NovaQuest Capital Management
• Healthcare data analytics company Inovalon Holdings (Nasdaq: INOV) in its $1.2 billion acquisition of ABILITY Network, a cloud-based software-as-a-service healthcare technology company

Venture Capital Financing

• BostonGene, a developer of biomedical software for advanced patient analysis and personalized therapy, in connection with its $150 million Series B financing 
• H.I.G. BioHealth Partners and Accelmed Partners as new investors and co-leads in the $52 million upsized Series B financing of digital therapeutics company Click Therapeutics, Inc.
• Biotechnology ecosystem company Alloy Therapeutics in a $75 million Series C financing
• Prescription digital therapeutics company Pear Therapeutics in various financings, including:
  • its $80 million Series D financing and $20 million Series D extension
  • a $50M secured loan transaction with Perceptive Advisors
  • its $64 million Series C financing
• Glympse Bio, a biotechnology company that provides synthetic biomarkers for monitoring multiple human diseases, in its $46.7 million Series B financing, led by Section 32
• RNA vaccine and drug developer GreenLight Biosciences in its $102 million Series D funding round led by Morningside Ventures.
• AZTherapies, a clinical-stage biotech company working on therapies for Alzheimer’s disease and other neuroinflammatory diseases, in its $37.5 million Series C financing.
• Venture capital firm CRV (Charles River Ventures) as lead investor in a $12.7 million Series A financing for Abacus Insights, an early-stage startup that wants to help coordinate healthcare information across systems
• Biotechnology company Entrada Therapeutics in a $59 million Series A financing co-led by 5AM Ventures and MPM Capital
• Morphic Therapeutic in its $80 million Series B financing led by Omega Funds and Novo Holdings, with participation from new investors, including Invus and EcoR1 Capital as well as Morphic’s Series A investors
• Arsanis, a clinical-stage biopharmaceutical company developing targeted monoclonal antibodies (mAbs) for pre-emptive and post-infection treatment of serious infectious diseases, in the closing of its $45.5 million Series D financing
• Ovuline (d/b/a Ovia Health), a digital health company focused on maternity and family benefits for employers and health plans, in its $10 million Series A financing to support future growth and expand its maternity benefits solution to employers and insurers nationwide 
• Alopexx and Inventages (Nestlé’s venture capital arm) in $15.6 million Series D financing of emerging medical device company Cognoptix, targeting the early detection of Alzheimer's disease

Capital Markets

• GreenLight Biosciences, a biotechnology company dedicated to making RNA products affordable and accessible for human health and agriculture, in a $1.2 billion SPAC business combination with Environmental Impact Acquisition Corp. (Nasdaq: ENVI), that resulted in GreenLight becoming a publicly listed company
• Prescription digital therapeutics company Pear Therapeutics in its $1.2 billion business combination agreement with Thimble Point Acquisition Corp. (Nasdaq: THMA), a special purpose acquisition company (SPAC) whose management team is associated with the Pritzker Vlock Family
• Applied Genetic Technologies Corporation (Nasdaq: AGTC), a biotechnology company conducting human clinical trials of adeno-associated virus (AAV)-based gene therapies for the treatment of rare diseases in a number of capital markets transactions, including:
  • an at the market offering (ATM) program having an aggregate offering price of up to $50 million, with Cantor Fitzgerald & Co.
  • its underwritten public offering of 16,741,573 shares of its common stock, together with accompanying warrants to purchase 8,370,786 shares of common stock for gross proceeds of approximately $74.5 million
  • its sales agreement with Cantor Fitzgerald & Co. for an up to $25 million ATM offering
  • its $37.4 million underwritten public offering of common stock
  • its $52 million IPO
• Global biotech Biogen Inc. in a number of sophisticated debt finance transactions, including:
  • a registered offering of senior unsecured notes for an aggregate principal amount of $3 billion
  • a cash tender offer and exchange offer for outstanding 5.200% senior notes totaling $1.75 billion
  • a senior unsecured syndicated credit facility for $1 billion
• Clinical stage biotechnology company Enanta Pharmaceuticals, Inc. (Nasdaq: ENTA) in its initial public offering of common stock
• Organogenesis Holdings Inc. (Nasdaq: ORGO) and its wholly owned subsidiary Organogenesis Inc., a leading regenerative medicine company in a number of transactions, including:
  • its $64.7 million underwritten public offering of Class A common stock
  • its $50.3 million underwritten public offering of Class A common stock
  • its warrant exchange offer and consent solicitations SPAC IPO/reverse merger of Organogenesis Inc. with and into a wholly owned subsidiary of Avista Healthcare Public Acquisition Corp. (AHPAC), with Organogenesis Inc. surviving the merger and AHPAC changing its name to Organogenesis Holdings Inc.

Licensing & Strategic Alliances

• Genocea Biosciences (Nasdaq: GNCA), a biopharmaceutical company developing next-generation neoantigen immunotherapies, in an R&D collaboration and option agreement with Janssen Biotech to explore the immunogenicity of neoantigens and the role and impact of Inhibigens in the context of vaccine therapies for cancer 
• HiFiBiO Therapeutics, a multinational clinical-stage biotherapeutics company with expertise in immune modulation and single cell science, in an agreement to exclusively license its Galectin-9 program, and grant an exclusive option to its CXCR5 and CCR8 programs, to biopharmaceutical company FibroGen, Inc. (Nasdaq: FGEN)
• Ginkgo Bioworks, the organism company, in its collaboration and license agreement with Biogen (Nasdaq: BIIB) to develop a next-generation recombinant adeno-associated virus (AAV) production platform
• Genevant Sciences in its global collaboration and license agreement with Takeda Pharmaceutical Company Limited (NYSE: TAK) for the discovery, development and commercialization of LNP-delivered nucleic acid therapeutics directed to previously inaccessible drug targets in hepatic stellate cells to treat liver fibrosis
• LegoChem Biosciences (KOSDAQ: 141080) in numerous collaboration agreements, including:
  • two collaborations with Iksuda Therapeutics totaling over $625 million in development, regulatory and commercial milestone payments: (i) a research collaboration and license agreement for the development of antibody-drug conjugates in oncology, (ii) a global license agreement for the development and commercialization of LCB73, a CD19-targeted ADC candidate for hematological tumors
  • a $400+ million multi-target research collaboration and license agreement with Takeda Pharmaceutical Company Limited
• Dicerna Pharmaceuticals (Nasdaq: DRNA) in numerous agreements, including:
  • a global collaboration agreement with Novo Nordisk A/S to discover and develop novel therapies for the treatment of liver-related cardio-metabolic diseases for an upfront payment of $175 million, a $50 million equity investment and up to $357.5 million per target in development, regulatory, and commercialization milestone payments
  • a global collaboration and license agreement in excess of $1.67 billion in upfront and milestone payments, plus royalties, with F. Hoffmann-La Roche AG to develop and commercialize DCR-HBVS for the treatment of chronic Hepatitis B Virus (HBV) infection
  • three collaborations totaling over $4.5 billion in potential deal value and $250 million in upfront and equity investments: (i) global licensing and research collaboration with Eli Lilly focused on potential new medicines in the areas of cardio-metabolic disease, neurodegeneration and pain; (ii) collaboration with Alexion Pharmaceuticals to discover and develop RNA interference therapies for complement-mediated diseases; and (iii) research deal with Boehringer Ingelheim to discover and develop novel GalXC™ RNAi therapeutics for the treatment of chronic liver diseases, initially nonalcoholic steatohepatitis (NASH)
• Bridge Biotherapeutics (KOSDAQ: 288330) in a collaboration and license agreement in excess of €1.1 billion in upfront and milestone payments, plus royalties, with Boehringer Ingelheim to develop Bridge Biotherapeutics’ autotaxin inhibitor BBT-877 for idiopathic pulmonary fibrosis (IPF) and other fibrosing interstitial lung diseases
• Alexion Pharmaceuticals (Nasdaq: ALXN) in a $650+ million collaboration peptide deal with Zealand Pharma
• LG Chem Life Sciences in a $900+ million multi-target, strategic collaboration with CUE Biopharma that provides LG Chem with the Asia rights to Cue Biopharma’s lead immuno-oncology CUE-101 program, and products in the two other CUE-102 and CUE-103 programs as well as a worldwide option for another antigen focused biologic
• Korean pharmaceutical company Dong-A ST in its $525 million exclusive license agreement for the global development and commercialization of its investigational immuno-oncology drug Mer tyrosine kinase inhibitor (Mer TKI) with U.S. pharmaceutical company AbbVie Inc.
• Early stage development deals for emerging technology companies with partners such as AstraZeneca, GlaxoSmithKline, Medtronic, Merck, Novo Nordisk, Stryker and Sanofi.

Patent Prosecution

• Represent numerous universities and research institutes including the California Institute of Technology (Caltech), Dana-Farber Cancer Institute, Harvard University, Johns Hopkins, Massachusetts General Hospital, Massachusetts Institute of Technology (MIT), Tufts, the University of California and the University of Massachusetts in obtaining worldwide patent protection for pioneering inventions in areas such as organic chemistry and small molecule drug and diagnostic development, molecular biology and biopharmaceutical drug and diagnostic development, chemical, electrical and mechanical engineering and medical devices and diagnostics
• Prosecute intellectual property portfolios for emerging companies and large companies, including Augmanity Nano, BioCryst (Nasdaq: BCRX), Calithera Biosciences (Nasdaq: CALA), Karyopharm Therapeutics (Nasdaq: KPTI), La Jolla Pharmaceutical Company (Nasdaq: LJPC), Tetraphase Pharmaceuticals (Nasdaq: TTPH), TScan Therapeutics and Verseau Therapeutics

Intellectual Property Litigation

• Represented Dana-Farber Cancer Institute in a patent dispute concerning the inventorship of six patents issued to Ono Pharmaceutical Co., Ltd. and Dr. Tasuku Honjo of Kyoto University. Dana-Farber sought to add its scientist, Dr. Gordon Freeman, and former Genetics Institute scientist, Dr. Clive Wood, as co-inventors on a family of PD-1/PD-L1 cancer immunotherapy patents. After trial, we won a ruling ordering correction of all six patents and recognizing Dana-Farber’s co-ownership rights. The U.S. Court of Appeals for the Federal Circuit unanimously affirmed the ruling.
• Represented the University of Massachusetts Biologic Laboratories in dispute with MedImmune over royalty obligations under technology license agreement covering MedImmune's Synagis® drug for treatment of RSV. Obtained judgment after trial requiring MedImmune to continue paying royalties. Judgment affirmed on appeal.
• Represented Becton, Dickinson and Company (BD) in a patent infringement suit brought by Gen-Probe involving methods of automating nucleic acid diagnostic assays and related consumable products. Negotiated definitive settlement agreement pursuant to which BD is granted a license to make, use and sell products that were alleged to have infringed Gen-Probe patents.

Regulatory Matters

• We provide regulatory advice to top pharmaceutical, medical-device and biotechnology companies including Abbott, Amgen, AstraZeneca, Baxter, Eli Lilly, Genzyme, Genentech and Gilead.
• Assisted in the design and establishment of the first data registry in the Medicare Coverage with Evidence Development (CED) program, by advising a coalition of leading academic medical centers and medical device manufacturers.
• Successfully represented a coalition of molecular diagnostic companies to confirm assignment of diagnostic laboratory test payment to the Clinical Laboratory Fee Schedule through a Centers for Medicare & Medicaid Services (CMS) rulemaking process.
• Developed legal argument to help secure the first Medicare New Technology Add on Payment (NTAP) for an oral drug in the hospital inpatient payment system.