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BioPharma Collaborative Agreements: Choosing The Right Deal Structure

Fierce competition in the pharmaceutical industry has changed the deal game. As always, companies are racing for the title of first to market with new products, first to achieve maximum market penetration, and the first to create barriers to competition. However, declining R&D productivity,...

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The Interplay Between The Uniform Commercial Code And Intellectual Property Licenses

In today's stream of commerce in the capital markets, intellectual property plays a prominent role. Intellectual property may take many forms but generally includes (i) patent rights, (ii) copyright rights and (iii) trademark and servicemark rights. Intellectual property is a creation of federal...

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Follow-on Biologics: The Coming Sea Change In The Pharmaceutical Industry

The costs of developing new drugs are astounding. Estimates put the costs of developing new drugs in excess of $900 million and often approaches nearly 2 billion dollars for each new drug. This development cost, combined with the short remaining patent lifespan after regulatory approval, is the...

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Sills Cummis Epstein & Gross P.C. Life Sciences and Health Care Series - Part III Family Responsibilities Discrimination: What You Need To Know

Employers, including many in the healthcare and pharmaceutical industries, are increasingly facing lawsuits brought by employees claiming workplace discrimination due to their family caregiving responsibilities. This type of discrimination claim was first brought in the 1970s and is generally...

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Sills Cummis Epstein & Gross, P.C. Life Sciences and Health Care Series What Every Licensee Of Life Sciences Intellectual Property Should Know About Licensor's Bankruptcy - Part II

Although section 365(n) of the Bankruptcy Code provides a licensee certain protections if the license agreement is rejected, which we discussed in Part I last month, these protections do not completely preserve the licensee's pre-bankruptcy rights. For example, if the debtor/licensor rejects the...

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Sills Cummis Epstein & Gross P.C. Life Sciences and Health Care Series What Every Licensee Of Life Sciences Intellectual Property Should Know About Licensor's Bankruptcy - Part I

When an entity wishing to obtain rights to life sciences intellectual property enters into a licensing agreement, it expects to receive the full benefits of the bargain throughout the term of the license. Unfortunately, in many instances, the intervening bankruptcy of the licensor can dramatically...

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Land Use Decisions: Fortune Favors The Prepared!

How, and why, local governments make decisions to approve or deny development projects may not be a major concern to corporate counsel, but when your CEO calls you up and asks you to coordinate a relocation or expansion of the company facilities, you will soon find out that local land use decision...

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