Experience

Our recent major projects in the life sciences and biotechnology field include:  

• representing numerous national and international pharmaceutical and consumer healthcare companies in patent registration matters
• enforcing intellectual property rights and dispute resolution.
• representing national and international pharmaceutical companies in patent, trade mark and trade practices litigation including:
  • Faulding v Bristol-Myers Squibb Co (Australia and New Zealand)
  • SmithKline Beecham v Colgate Palmolive
  • Enviromist Industries v Sylvan Pumps and Sprayers Australia
  • CSIRO litigation, and
  • Biochem Pharma Inc and Glaxo Wellcome v Emory University.
• representing national and international pharmaceutical companies in patent opposition matters including:
  • Hoechst Marion Roussel v Cepracor
  • Minnesota Mining v Glaxo
  • Minnesota Mining v Adhesives Research
  • Faulding v Bristol-Myers (Australia & New Zealand)
  • University of California v Dow Chemical Company, and
  • Schering AG v Dow Chemical Company.
• preparing and advising on R&D agreements, strategic alliance documentation, product development agreements, IP acquisition agreements, technology licenses (in and out), confidentiality agreements, distribution agreements, product marketing agreements and joint ventures
• advising on confidential information, data exclusivity issues and the impact of the Freedom of Information Act on R&D based companies. Represented international agrochemical companies in data exclusivity arbitration including SmithKline Beecham and F H Faulding & Co Ltd
• advising on all aspects of the CRCs, including licensing in and out, withdrawal from the CRC, winding up of the CRC, ownership of intellectual property, procedures to be adopted at meetings of CRC constituent bodies
• preparing PBS applications, including negotiating strategies with the committee and where appropriate we also advise on the relevant appeal process, and
• advising on risk management relating to product liability issues and trade practices issues. Advised the Pacific Dunlop (PDL) group in relation to on-going product liability issues arising out of the Telectronics heart pacemaker products.

Our corporate and commercial lawyers have extensive experience in commercial transactions, including venture capital, technology company structures, business purchases, joint ventures, franchising, capital raisings and ASX listings.
Our team's capital raising and corporate law experience includes:

• acting on a wide range of IPOs, including Sirtex Medical Limited and Compumedics Limited on their listing on the Australian Stock Exchange
• acting for biotechnology organisations involved in a range of large and complex technology transactions. This includes acting for some of Australia's most prominent research organisations involved in biotechnology, such as CSIRO, Agriculture Victoria and Biomolecular Research Institute
• acting for many private sector corporations involved in a wide range of technology transactions, including Montech Pty Ltd, AMRAD and Advanced Technology and two 'blue chip' corporations investing heavily in a range of technology projects, including biotechnology
• acting for prominent commercialisation vehicles, including Bio21 Australia and in the establishment of Biocomm
• structuring, documenting and implementing a significant number of Australia's largest syndicated research and development transactions (acting for both researchers and investors), utilising the 150 per cent tax deduction for eligible research and development
• advising on CRC structures
• many complex licensing, commercialisation and collaborative R&D / commercialisation ventures involving both Australian and multinational corporations, including the CSIRO 'gene shears' commercialisation venture involving Johnson & Johnson and Groupe Biosem SA and the Biomolecular Korean research institutes collaborative venture
• starting up, financing, re-financing, restructuring, listing and selling biotechnology companies
• 'spin off' commercialisation arrangements via start up companies, including the recent Biomolecular Research Institute Starpharma arrangement
• advice to clients on other commercialisation structures, including pooled development funds, innovation investment funds and the variously available government grants.