jump to navigation

Shannon Zollo Comments on Proposed Aetna-CVS Deal in The National Law Journal Article 12/06/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Life Sciences, Corporate, M&A.
Tags: , , , , , ,
add a comment

M0846567Corporate partner Shannon Zollo commented on the legal scrutiny facing CVS Health and Aetna’s planned merger in The National Law Journal’s article “Lawyers Say Fed. Regulators Likely Will Closely Scrutinize Aetna-CVS Deal.” In regards to the proposed merger, which would be a large consolidation within the healthcare industry, Shannon notes that:

 

It’s logical to anticipate [close scrutiny] based on the size and importance of the industry as it relates to the U.S. economy and well-being,” and that the effect the transaction has on competition “is informed by a number of factors, including how many players are left in the field after the deal is completed; the effect on existing customer and vendor relationships and the massive amount of integration required to consummate the deal.”

For additional insight from Shannon and information about the deal, read the full article.

Joseph Hunt Joins MBBP as Corporate & Tax Associate 11/14/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Computer Software & Hardware, Corporate, Life Sciences, MBBP news, Taxation, Venture Capital & Private Equity.
Tags: , , , ,
add a comment

JEH Headshot Photo 2017 (M1147148xB1386)We are pleased to announce the addition of corporate and tax associate, Joseph E. Hunt IV.

Joe advises emerging and middle-market companies in a wide range of industries and at all stages of their development.

Joe also provides counsel to clients on general tax matters, entity formation, and on corporate governance. Prior to joining MBBP, he worked in the Mergers & Acquisitions Transaction Services of a Big Four advisory firm. He focused on advising private equity and multinational corporate clients throughout the M&A life cycle in both buy-side and sell-side transactions, maintaining an emphasis on software, life sciences, and technology industries.

For more information, read the full announcement.  We invite you to contact Joe directly.

American Cancer Society Awards David Sabatini of Whitehead Institute with Five-Year Renewable Research Professorship 10/03/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Life Sciences, Nonprofit.
Tags: , , ,
add a comment

whitehead-institute-client-logo-sm-m0055040xb1386

David Sabatini, MD, PhD, of MBBP client Whitehead Institute for Biomedical Research, was awarded the prestigious five-year renewable American Cancer Society Research Professorship. The award is part of a larger approval of funding for 78 research and training grants totaling $39,836,250.

According to the press release, Sabatini “looks to maximize the precise targeting of cancer drugs into the relevant tissues by exploiting the specificity of transport proteins embedded in lipid membranes on the surface and within cells. If successful, this approach could address a major challenge in drug delivery and could lead to safer and more effective cancer therapies.”

Congratulations to Mr. Sabatini. More information can be found in the press release.

Carl Barnes Comments on Earnout Disputes in Startup Acquisitions in Wall Street Journal 09/05/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Corporate, Life Sciences, M&A.
Tags: , , , , , ,
add a comment

CFB Headshot Photo 2015 (M0846497xB1386)The Wall Street Journal article “Rise of ‘Earnouts’ Muddies M&A Waters” discusses the increasing landscape of earnout agreements in startup acquisitions. As the article states, earnout agreements are often used in order to settle differences over a company’s valuation, but are frequently leading to disputes over milestone payments. MBBP corporate partner Carl Barnes remarks that:

Concern about the potential for earnout disputes is leading startups to take proactive measures, such as creating escrow accounts to fund legal battles. Typically, funds for the escrow come off the top of the cash paid up front. If the funds are never used, they are disbursed to shareholders.”

Additional measures involve how the earnout agreements are initially structured and negotiated within the deal. For more information, read the full article.

More Money for Life Sciences? 08/24/2017

Posted by Morse Barnes-Brown Pendleton in Intellectual Property, Life Sciences.
Tags: , ,
add a comment

By: Erin Bryan

EEB Headshot Photo 2015 (M0846503xB1386)A new legislative proposal to provide a five-year, $500 million life sciences initiative was recently announced by Governor Charlie Baker. This initiative would extend the current 10-year, $1 billion initiative that is set to expire at the end of the next fiscal year and would continue to be managed by the Massachusetts Life Sciences Center. The proposal includes $295 million in capital authorization and up to $150 million in job-creating tax incentives.

The focus of the new initiative will be on job training and career development, with strategic priorities being to strengthen the state’s skilled workforce pipeline, expand opportunities for companies to access both private and public investment resources, develop new scientific innovations that deliver better outcome, affordable therapies to patients, and continue to lead the convergence revolution in digital health, biopharma, medical devices and engineering.[1]

The announcement of the legislative proposal at the 2017 BIO International Convention in San Diego was well received by those in the industry, with many expressing their excitement and support for the continued investment in the Massachusetts life sciences sector. Nonetheless, this will bear continued watching, particularly in view of the significant budget gap facing the Commonwealth.

For more information, please contact Erin Bryan.

____________________________________________________________________________________________

  1. Press Release: “Baker-Polito Administration Proposes Life Sciences Initiative,” June 19, 2017. http://www.mass.gov/governor/press-office/press-releases/fy2017/administration-proposes-life-sciences-initiative.html

Inc. Magazine Includes Dane Street on List of Fastest Growing Private Companies for 5th Consecutive Year 08/22/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Life Sciences.
Tags: , ,
add a comment

Dane Street Client Logo (M0739750xB1386)For the fifth consecutive year, MBBP client Dane Street has been included on Inc. Magazine’s exclusive List of Fastest Growing Private Companies in America. Inc. Magazine lists Dane Street’s 3-year growth as 141%. Dane Street provides Independent Medical Examination and Peer Review services to the auto, disability, group health, pharmacy, and workers’ compensation industries.

Congratulations to our client on this well-deserved recognition.

Lisa Warren Examines the Value of In-Person Interviews for Expediting Patent Allowance in Mass. Lawyers Weekly Article 08/15/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property, Life Sciences.
Tags: , , , ,
add a comment

LMW Headshot Photo 2015 (M0846622xB1386)In her Massachusetts Lawyers Weekly article “Expediting Patent Allowance with In-Person Interviews,” patent attorney Lisa Warren explains why it may be beneficial to take advantage of in-person interviews with the U.S. Patent & Trademark Office in order to expedite the allowance of a patent. Although options such as telephone or video conference interviews may be available and more convenient, Lisa notes:

sometimes there is simply no substitute for direct interpersonal interaction with an examiner to build rapport and improve the mutual understanding of the issues.”

Additionally, Lisa addresses relevant considerations when deciding if in-person interviews are preferable during the patent application process, as well as requirements for the interview itself. These and other insights from Lisa can be found in the full article.

Lisa McKerracher of BioAxone BioSciences Joins Advisory Panel for Christopher Reeve Foundation 08/10/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Life Sciences.
Tags: , , ,
add a comment

Lisa McKerracher, CEO of MBBP client BioAxone BioSciences, has accepted the role of Consortium Advisory Panelist for the Christopher & Dana Reeve Foundation. Dr. McKerracher will “direct the foundation’s focus toward the identification, development, and translation of potential Spinal Cord Injury (SCI) therapies into the clinic.”

BioAxone BioSciences is a clinical-state biopharmaceutical company developing regenerative therapeutic drugs based on a deep understanding of axon regeneration and neuronal signaling pathways. The Christopher & Dana Reeve Foundation is dedicated to advancing quality of life and discovering cures for spinal cord injury.

More information can be found in the full release.

David Sabatini To Be Awarded 2017 Dickson Prize in Medicine 08/10/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Life Sciences.
Tags: , , ,
add a comment

whitehead-institute-client-logo-sm-m0055040xb1386Biologist David Sabatini of MBBP client Whitehead Institute will receive the University of Pittsburgh’s 2017 Dickson Prize in Medicine. The Dickson Prize in Medicine is awarded annually to a leading American investigator who is engaged in innovative, paradigm-shifting biomedical research.

Sabatini discovered mTOR, a key cellular regulatory metabolic pathway. In addition to being a member of the Whitehead Institute for Biomedical Research, he teaches biology at MIT and is a senior associate at the Broad Institute of MIT and Harvard University. He is also a member of the MIT Koch Institute for Integrative Cancer Research and is a Howard Hughes Medical Institute investigator.

The award will be presented to Sabatini in October at the University of Pittsburgh’s Science 2017 event. More information can be found on the University’s Dickson Prize in Medicine page.

Bach Pharma’s GVT Drug Reverses Brain Dysfunction, Report Shows 08/09/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Life Sciences.
Tags: , , , ,
add a comment

Firm client Bach Pharma’s GVT drug successfully reverses brain dysfunction and therefore may be an effective treatment for victims of Gulf War Illness (GWI), according to a Department of Defense report on the results of a multi-year pre-clinical study conducted by Ashok K. Shetty, PhD, Associate Director and Professor at the Institute for Regenerative Medicine at the College of Medicine at Texas A&M University System. GWI is prevalent among servicemen and women from the Gulf War and can cause memory impairment, depression, and anxiety. The study was conducted under a grant from the DoD.

GVT has proven both neuro-protective and neuro-generative and could potentially act as a therapeutic treatment for chemical poisoning associated disorders. The fact that GVT regenerates stem cells and neurons was an unexpected finding of this study. Based on these results, Dr. Shetty has established a collaboration with Dena Davidson, PhD, deputy director of research at the Veterans Integrated Service Network (VISN) 17 Center of Excellence for Research on Returning War Veterans to pursue clinical trials in GWI patients.

Congratulations to our client, Bach Pharma, on this extraordinary achievement. Read the full press release for more information.

NIH/SBIR Grant Awarded to Firm Client BioAxone BioSciences for BA-1049 Inhibitor Research 08/03/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Life Sciences.
Tags: , ,
add a comment

The National Institutes of Health (NIH), Small Business Innovation Research (SBIR), and National Institute of Neurological Disorders and Stroke have awarded firm client BioAxone BioSciences, Inc. with a $1.5 million grant. The grant is for continued research for BioAxone’s Rho Kinase 2 (ROCK2) inhibitor, BA-1049, a transformative drug to treat cerebral cavernous malformation, a serious genetic disease.

BioAxone is a clinical-state biopharmaceutical company developing regenerative therapeutic drugs based on a deep understanding of axon regeneration and neuronal signaling pathways.

Congratulations to our client on receiving the grant and on their revolutionary drug research. For more information, read the full release.

BioAxone BioSciences Peer-Reviewed Research Article Published in Frontiers Journal Series 07/20/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Life Sciences.
Tags: , ,
add a comment

Firm client BioAxone BioSciences announced that its peer-reviewed research article on axon regeneration was published in Frontiers Journal Series, Frontiers in Molecular Neuroscience. The article “MAG, Myelin and Overcoming Growth Inhibition in the CNS” was written by BioAxone’s CEO Lisa McKerracher, Ph.D. and Kenneth Rosen, Ph.D., VP of Research. Frontiers in Molecular Neuroscience publishes rigorously peer-reviewed research that aims to identify key molecules underlying the structure, design, and function of the brain across all levels.

BioAxone is a clinical-state biopharmaceutical company developing regenerative therapeutic drugs based on a deep understanding of axon regeneration and neuronal signaling pathways.

Congratulations to our client on this achievement. For more information, read the press release.

ConforMIS Receives FDA Clearance for iTotal Hip Replacement System 06/27/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Life Sciences, Medical Devices.
Tags: ,
add a comment

conformis-inc-logoFirm client ConforMIS, Inc. received FDA 510(k) clearance for its primary iTotal Hip replacement system. Chief Executive Officer and President Mark Augusti remarked:

Having treated over 50,000 patients with customized knee replacement implants, ConforMIS brings over a decade of experience in patient-specific technology to the hip replacement market. FDA clearance of iTotal Hip demonstrates the ability to apply our proprietary iFit® image-to-implant technology to other joints. There has been a trend towards personalized healthcare and we believe patients expect and deserve personalized treatment.”

The iTotal Hip replacement system has technology that is similar to that used in ConforMIS’s customized knee implants. The company hopes to improve patient outcomes through customized implants for joint replacements.

Congratulations to our client on this achievement. For more information, read the full announcement.

iSpecimen Unveils Online Biospecimen Marketplace 06/13/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Life Sciences.
Tags: , ,
add a comment

iSpecimen Logo (M0910032xB1386)Firm client iSpecimen has launched an online biospecimen marketplace for the life sciences industry. The company hopes that the marketplace will alleviate scientists’ difficulty in finding high-quality samples of human material necessary to conduct research.

The marketplace compiles available samples and allows users to search by patient information. Users can then order the corresponding materials.

For more information about the iSpecimen Marketplace, read the full article in the BBJ, or iSpecimen’s press release.

Encore Event! Strategic Alliances: Pot of Gold or Pretty Poison? – Life Sciences Series, June 28 06/05/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Corporate, Events, Life Sciences, MBBP news.
Tags: , , , ,
add a comment

JMH Headshot Photo 2015 (M0846571xB1386)Due to overwhelming demand for our April 28 “Strategic Alliances: Pot of Gold or Pretty Poison?” event, we will be holding another round on Wednesday, June 28 at the Cambridge Innovation Center (CIC). Moderated by corporate attorney John Hession, a panel of business development experts will explore various research and collaboration structures, from options to license to comprehensive collaboration partnerships. The panel will discuss various licensing vehicles, the importance of concise fields of use descriptions, sample economics, and conventional transaction structures.

Space is limited! View our event page for more information and to register for the event.

Shann Kerner Joins MBBP as Intellectual Property Partner 05/03/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property, Life Sciences, MBBP news.
Tags: , , ,
add a comment

SLK Headshot Photo 2017 (M1062434xB1386)We are pleased to announce the addition of Intellectual Property Member Shann Kerner.

Shann has substantial experience advising emerging, mid-sized and public companies in the biotechnology, pharmaceutical and medical device fields, counseling them on the creation, leveraging and protection of IP, with a view towards strengthening the business strategy of her clients.

A versatile and seasoned member of the Intellectual Property department, Shann concentrates her practice on IP counseling, particularly on patent portfolio procurement and management and IP due diligence in connection with venture capital, mergers and acquisitions, IPOs, and internal audits. Shann also focuses on analyses regarding patentability, freedom-to-operate, inventorship, derivation, validity and competitive subject matter landscape.

We invite you to contact Shann directly.

Applied BioMath and Northern Biologics to Collaborate on Biotherapeutic Candidate in Oncology 04/21/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Life Sciences.
Tags: , ,
add a comment

Applied BioMath logo (M1064209xB1386)Firm client Applied BioMath, the industry-leader in applying mechanistic modeling to drug research and development, announced a collaboration with Northern Biologics, an innovative antibody discovery and development company. The companies will focus on traditional and mechanistic pharmacokinetic and pharmacodynamics (PK/PD) modeling for a biotherapeutic candidate in oncology. Applied BioMath will leverage both traditional PK/PD models and semi-mechanistic PK/PD models, while Northern Biologics will use this model to strengthen their understanding of the parameters that will determine optimal dosing paradigms.

Congratulations to our client on this new collaboration. For more information, read the full press release.

MBBP’s Life Sciences Vector Newsletter, Spring 2017 04/20/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Corporate, Intellectual Property, Life Sciences, MBBP news, New Resources.
Tags: ,
add a comment

ext

Our Life Sciences team has published the Spring 2017 edition of its newsletter, Vector. Below you will find brief descriptions of the news and articles included in the publication. Read the full newsletter for more information.

DAVID CZARNECKI AND STANLEY CHALVIRE ELEVATED WITHIN THE FIRM

We are pleased to announce that David Czarnecki and Stanley Chalvire have been elevated to Member. Dave is exceptionally proficient in guiding both buyers and sellers through a wide range of corporate transactions. Stan is a Registered Patent Attorney, specializing in the licensing of intellectual property and related counseling.

AMANDA PHILLIPS NAMED 2017 UP & COMING LAWYER

Litigation associate Amanda Phillips has been named a 2017 Up & Coming Lawyer by Massachusetts Lawyers Weekly. The recognition is awarded to a select number of attorneys who have been practicing for fewer than 10 years but whose professional achievements are noteworthy and whose service to the community is also significant.

CORPORATE ATTORNEY MICHAEL JABBAWY JOINS FIRM AS PARTNER

Michael’s practice is focused primarily in the areas of emerging and growth technology companies, venture capital, M&A transactions, and corporate governance. As a member of the Corporate Department, Michael advises technology and other emerging companies through each stage of growth. Prior to joining MBBP, Michael was a member of the Technology Companies group at Goodwin Procter LLP.

RECENT LIFE SCIENCES TRANSACTIONS

MBBP represented several clients in life sciences transactions, including iSpecimen, Orionis Biosciences, First Light Biosciences, and Manus Biosynthesis. The transactions ranged from convertible debt to equity investments. Learn more on page 2.

FREEDOM TO OPERATE: PREVENTION IS THE BEST MEDICINE

Launching a new product or service can be fraught with uncertainty and involve large expenditures of limited resources. An FTO opinion can reduce uncertainty and provide some insurance against loss from an unfavorable finding of infringement of another’s patent. An FTO opinion makes a determination whether a product or service infringes issued patents. In other words, the opinion indicates whether or not there is “freedom to operate” the product or service within the patent landscape. Often, FTO opinions also identify patent applications that, if later issued as patents, may be problematic. Read the full article on page 2.

THE PATENT PROCESS: GET ON THE FAST TRACK

One of the biggest frustrations for patent applicants is the incredibly slow pace at which an application proceeds from filing to receipt of a substantive examination report to allowance. On average it takes 15.7 months for a patent application to receive even a first substantive examination report, though there is significant variability across technology areas. The Patent Office has recognized this problem and implemented several initiatives which attempt to address the problem from different angles. Two programs in particular have gained traction: the Patent Prosecution Highway (PPH) and Track One Prioritized Examination. Continue reading for more information about these programs.

OWNERSHIP OF ARISING INVENTIONS IN JOINT DEVELOPMENT AGREEMENTS

Collaboration remains a valuable means of fostering innovation and advancing scientific, clinical and commercial objectives. Towards that end, two or more parties contemplating a collaboration often consider entering into a Joint Development Agreement, where they define, among other things, their respective contributions and responsibilities towards their common objectives. These types of collaborations require a careful and thorough consideration of the disposition of intellectual property rights that may arise as a result of each party’s performance of its responsibilities under such collaborations. Read more starting on page 3.

GUEST COLUMN:
FOR SKILLED IMMIGRATION TO THE U.S., THE TIMES, THEY MAY BE CHANGING

The last year of the Obama Administration saw an increased activism by President Obama in the area of skilled immigration. Through Executive Orders and regulations, the President made a number of important changes including providing Employment Authorization for spouses on H-4 visas, increasing the period of post-graduate employment authorization for foreign students in STEM fields (Science, Technology, Engineering and Mathematics), increasing the number of academic fields included in STEM and formalizing a grace period for foreign nationals on H-1B visas that find themselves between jobs. Read the full article beginning on page 5.

Strategic Alliances: Pot of Gold or Pretty Poison? – Life Sciences Series Panel 4 Event, April 28 04/11/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Corporate, Events, Licensing & Strategic Alliances, Life Sciences, MBBP news.
Tags: , , , , ,
add a comment

JMH Headshot Photo 2015 (M0846571xB1386)Our Life Sciences Series Panel 4 event, Strategic Alliances: Pot of Gold or Pretty Poison?, will be held on Friday, April 28 from 7:30-10am in our Waltham office. Moderated by corporate attorney John Hession, a panel of business development experts from Big Pharma and Small Biotech explore various research and collaboration structures, from options to license to comprehensive collaboration partnerships. We will discuss various licensing vehicles, the importance of concise fields of use descriptions, sample economics, and conventional transaction structures.

View our event page for more information and to register for the event.

Early-Stage Life Science Financing: Event Recap 04/05/2017

Posted by Morse Barnes-Brown Pendleton in Corporate, Life Sciences, MBBP news.
Tags: , , ,
add a comment

By: Erin Bryan

On Thursday, March 30th, MBBP kicked off an Innovations in Life Sciences event at the Cambridge Innovation Center by hosting a panel entitled “Money and Molecules: Early-Stage Life Science Financing“. The panel included Jeffrey Arnold, President & CEO of Arnold Strategies, LLC; Timothy Sullivan, Partner at Aju IB Investment; John Tagliamonte who serves on the Advisory Board of Cocoon Biotech; Caleb Winder, Managing Director of Excel Venture Management; and MBBP’s own John Hession as moderator.JMH Headshot Photo 2015 (M0846571xB1386)

The panel provided a discussion on financing strategies for young life science companies, ranging from how to get in the door with investors to what will make your company attractive for financing. It may be surprising to many, but the entire panel echoed the fact that the financing process will take longer than is generally expected. If available, it is recommended to seek grant and other non-dilutive funding in addition to any equity financing.

The panelists identified a number of factors that they consider when a company is seeking financing, including how well the company has examined the market, identified a regulatory and a reimbursement path, understood the economics of the customer, and filed for patent protection. Additional considerations include how well the company will fit with the portfolio strategy of the investor, and how complete the management team is. Many investors will also be looking to see where in the pipeline the company’s research currently is. In general, investors want to see that the company has at least reached the molecule stage and has some small animal data supporting its research, although exceptions may always be made depending on the strength of the management team, the marketing opportunity, and the science.

These were merely a few of the interesting points discussed by the panel. Save the date for our next life sciences panel “Strategic Alliances: Pot of Gold or Pretty Poison?” (the 4th in the Life Sciences Series), which will be hosted at MBBP’s Waltham office on Friday, April 28. The panel will discuss strategic alliances between big pharma and small biotech.

%d bloggers like this: