Private Equity Fund - Life Sciences
Representation of fundless sponsor in raising $100 million second strategic life sciences fund. The fund will invest in biotech, biologic and medical instruments industry segments worldwide, with investors primarily based in Asia.
Seegene - International Counsel
Designated outside counsel to Seegene, Inc., a Seoul-based molecular diagnostics company, in its international product distribution and technology licensing, M&A, corporate and capital markets matters. Seegene has developed innovative technologies for the detection of multiple pathogens (ACP (Annealing Control Primer)TM and DPO (Dual Specific Oligonucleotide)TM).
Bio-Reference Labs - Gene Patenting Legislation
Representation of Bio-Reference Laboratories, Inc. in providing legislative advice and governmental solutions to help enable it to conduct diagnostic tests currently prevented by laws allowing owners of gene patents to grant exclusive licenses for those tests.
Stelic Institute & Co. - International Counsel
Designated outside counsel to Stelic Institute & Co., a Tokyo-based bio-venture company specializing in regenerative medicine, in its international legal matters. Stelic is a fast-growing bio-ventures company with scientific research laboratories in the United States, Canada and Japan. Herrick advises Stelic on product and technology licensing matters, international licensing relationships, and on corporate structuring, equity issuance, capital markets, M&A and other matters.
Small Bone Innovations - Employment Issues
Representation of Small Bone Innovations in all aspects of its employment disputes, risk management, restrictive covenant analysis, and the drafting and negotiation of executive contracts and severance agreements.
Small Bone Innovations, Inc. - Credit Facility
Representation of SBI, a leading, privately held orthopedics company focused exclusively on technologies and treatments for the small bones and joints, in a $30 million credit facility with Fortress Credit Corp. to fund accelerated business expansion and refinance existing indebtedness.
Sponsored Research Agreements
Representation of medical device companies and neutraceutical venture in negotiating sponsored research agreements with major research universities and hospitals in the US and Canada.
Denville Scientific - Sale of Assets
Representation of Denville Scientific, Inc., a New Jersey-based distributor of molecular biology research products, in the sale of substantially all of its assets to a newly-formed subsidiary of Harvard Biosciences, Inc., a NASDAQ-listed company based in Boston.
Small Bone Innovations - “S.T.A.R.” Acquisition
Representation of Small Bone Innovations in its acquisition of Link America, Inc., including the technology for the S.T.A.R. Ankle--a total ankle replacement prosthesis that is the first of its kind to receive FDA approval in the U.S.
Pan-Pacific - Sale of the Company
Representation of the stockholders of Pan-Pacific Enterprises, Inc., the largest independent distributor of medical X-ray tubes in China, in the sale of the company to Varian Medical Systems, Inc., a publicly traded company.
French Pharma Company - Development Agreement
Representation of a France-based pharmaceutical manufacturer with proprietary drug delivery technology in a collaborative and development agreement of a generic pharmaceutical product to be marketed in the United States.
Drug Developer - Drug Marketing and Distribution
Representation of a scientist/developer of a new drug product licensed to a specialty drug manufacturer for the further development, marketing and distribution in the United States, and in exploring other international business opportunities.
Bio-Reference Labs - Congressional Hearings
We helped Bio-Reference Laboratories, a genetic testing company, convince the House Judiciary Subcommittee on Intellectual Property to hold hearings on October 30, 2007 on the adverse impact of gene patenting on genetic testing by laboratories and on clinical research. Bio-Reference Laboratories' CEO was a key witness. We are working closely with Representative Xavier Becerra of California, a member of the House leadership, as well as with the chair of the Judiciary Committee and Subcommittee for a positive outcome for Bio-Reference.
Commercial Bank - Medical Services Company Financing
Representation of a commercial bank as the sole lender in a $35 million senior secured credit facility (consisting of a $25 million term loan facility and a $10 million revolving facility with a sub-limit for letters of credit) to a company that provides services and products to medical practices that specialize in the infertility industry and varicose veins industry. The borrower's services including finance, administration, information systems, marketing and research. The borrower will use the proceeds to finance the acquisition of a varicose vein clinic company, to refinance and repay existing debt, and for working capital purposes.
French Pharma Company - U.S. Market Entry
Representation of a France-based pharmaceutical manufacturer in structuring its entry into the U.S. market, seeking to reduce or minimize exposure for a business whose principal products have higher-than-average exposure to products liability claims.
Generic Drug Developer - Development Joint Venture
Representation of a generic drug formulation developer with expertise in developing, manufacturing, testing and packaging finished pharmaceutical products, in connection with a joint venture product development agreement, a royalty sharing derived from manufacture, and the distribution of the finished pharmaceutical product.
Private Foundation - Drug Research
Representation of a private foundation in connection with university-sponsored research in China into chemical syntheses and manufacturing of chemical products to make high quality, affordable drug products.
DOV Pharmaceutical - Elan Joint Venture
Representation of DOV Pharmaceutical, Inc. in connection with its joint venture and related debt and equity financing with Elan Corporation, PLC., a Public Limited Company based in Ireland.
Testpak - Sale of Stock
Representation of Tespak, a privately held pharmaceutical packaging company, in connection with the sale of all of its issued and outstanding stock.
Merck & Co., Inc. v. Vioxx
Representation of the defendant/counterclaimant (an established bio-medical glass manufacturer) in a declaratory judgment action for trademark infringement, based on the Vioxx arthritis drug name. We obtained a very favorable settlement for our client. Merck & Co., Inc. v. Vioxx (ED Pa. 2000)