David M. McIntosh
David McIntosh is head of Ropes & Gray’s intellectual property transactions practice group. He advises a wide range of companies, investors, and institutions in all manner of transactions involving intellectual property, including technology licensing, strategic collaborations, mergers and acquisitions, joint ventures, supply and distribution arrangements, co-promotion agreements, outsourcing transactions, and other strategic commercial agreements.
David has extensive experience advising companies in the life sciences, technology, and branded product industries with respect to strategic transactions involving intellectual property, and day-to-day commercial and corporate matters. He also provides guidance on integrating advice from other legal experts, such as patent prosecutors, litigators and regulatory advisors, so that it aligns with companies’ corporate strategy and practices.
- Represented Akebia Therapeutics, Inc. in the $865 million global expansion of its collaboration and license agreement with Otsuka Pharmaceutical Co. to develop and commercialize vadadustat, an oral hypoxia-inducible factor (HIF) stabilizer currently in Phase 3 development, in Europe, China and other territories.
- Represented Akebia Therapeutics, Inc. in its exclusive license agreement with Vifor Pharma Group, pursuant to which Vifor is granted the exclusive right to distribute Akebia’s Phase 3 oral anemia drug vadadustat through its network of U.S. dialysis centers. Vifor is also making a $50 million investment in Akebia at $14 a share.
- Represented Lantheus Medical Imaging, Inc. in its license and collaboration agreement with GE Healthcare related to the development and worldwide commercialization of flurpiridaz F 18, a positron emission tomography (PET) myocardial perfusion imaging (MPI) agent in phase 3 development for the diagnosis of coronary artery disease (CAD).
- Represented Akebia Therapeutics, Inc. in an exclusive licensing agreement with Janssen Pharmaceutical under which Akebia in-licensed a portfolio of well-characterized HIF pathway compounds with potential applications across multiple therapeutics areas.
- Represented The Broad Institute in connection with various research and license transactions, including its collaboration agreement with Intel Corporation to scale researchers’ ability to analyze massive amounts of genomic data from diverse sources worldwide.
- Represented Akebia Therapeutics, Inc. in its $1 billion collaboration and license agreement with Otsuka Pharmaceutical Co. for the worldwide development and U.S. co-commercialization of vadadustat, an oral hypoxia-inducible factor (HIF) stabilizer currently in phase 3 development for the treatment of anemia associated with chronic kidney disease.
- Represented Takeda Pharmaceuticals in connection with the spin-out of Cerevance, a neuroscience company focused on discovering and developing novel therapeutics for neurological and psychiatric disorders.
- •Represented Selecta Biosciences in connection with the license of its synthetic vaccine particles technology to Spark Therapeutics for co-administration with certain gene therapy products, as well as in connection with the negotiation of a number of sponsored research and license agreements.
- Represented Sarepta Therapeutics in connection with an exclusive license and collaboration agreement with Summit Therapeutics pipeline for Duchenne muscular dystrophy, as well as in connection with the negotiation of a number of sponsored research and license agreements with U.S. and international academic institutions.
- Represented Takeda Pharmaceuticals in its collaboration with Roivant Sciences to launch Myovant Sciences Ltd.
- Represented Boehringer Ingelheim in connection with the negotiation of a global collaboration with AbbVie to develop and commercialize a Phase 3 anti-IL-23 monoclonal biologic antibody in development for psoriasis, Crohn's disease, psoriatic arthritis and asthma, as well as an anti-CD-40 antibody in Phase 1 development.
- Represented Genzyme Corporation in connection with the acquisition of Caprelsa®, a rare disease therapy to treat symptomatic or progressive medullary thyroid carcinoma, from AstraZeneca.
- Represented Shire in connection with the negotiation of an amended and restated collaboration and license agreement with Sangamo.
- Represented Takeda in connection with the negotiation of a license and option transaction with Natrogen Therapeutics.
- Represented Becton Dickinson in connection with various acquisitions, dispositions and license and development transactions.
- Represented CANbridge Life Sciences, a Chinese life sciences company, in connection with the negotiation of a license and collaboration agreement with AVEO Pharmaceuticals.
- Represented Genzyme Corporation in connection with a collaboration agreement and $700 million equity investment in Alnylam Pharmaceuticals, Inc. related to rare disease siRNA drug candidates.
- Represented Synageva BioPharma in connection with various licensing transactions, including transactions with Shire and the University of Georgia.
- Represented Proteostasis Therapeutics in connection with licensing transactions, including a collaboration agreement with Astellas Pharmaceuticals to research and develop therapeutic candidates that modulate the Unfolded Protein Response (UPR).
- Represented Wright Medical in connection with its sale of its knee replacement business to MicroPort Scientific Corporation and its settlement and patent license agreement with ConforMIS, Inc.
- Represented Genzyme Corporation in connection with a disposition of Genzyme’s genetics testing and diagnostics business units to Laboratory Corporation of America and Sekisui Chemical Co., Ltd, respectively.
- Represented Genzyme Corporation in a license and acquisition agreement under which Genzyme acquired from Bayer Schering Pharma AG two oncology drugs (Fludara® and Leukine®) then being marketed worldwide as well as worldwide distribution rights with respect to Lemtrada®, then in clinical development for the treatment of MS.
- Represented Genzyme Corporation in a license and collaboration agreement under which Genzyme acquired rights with respect to the development and commercialization of the drug Kynamro® from Isis Pharmaceuticals, Inc.
- Represented Skillsoft Corporation in connection with various commercial, intellectual property, and privacy-related matters.
- Represented the TJX Companies, Inc., SuperValu, Inc. and Genesco, Inc. in connection with notification and data security compliance efforts following their widely-publicized computer intrusions.
- Advised NXP Semiconductor with respect to a settlement and patent cross license agreement with Broadcom.
- Represented Pfizer in connection with the outsourcing of its post-proof of concept clinical trial management function to Parexel International, Inc. and Icon Clinical Research Limited as well as other IT, licensing and privacy-related matters.
- Advised TSG Consumer Partners, Kohlberg & Co LLC, Berkshire Partners, Audax Group, TPG Capital, L.P., Gridiron Capital, General Catalyst Partners, LLC, Bain Capital LLC and other private equity firms with respect to intellectual property matters in connection with their investments in the consumer product, technology, life sciences and industrial sectors.
- Co-author, “Federal Circuit Reaffirms Its Longstanding Patent Exhaustion Rules,” IP Litigator (May-June 2016)
- Quoted, “GCs Name Best Of The Best Attorneys,” Law360 (February 10, 2015)
- Co-author, “Meso Scale V. Roche Rethinks Reverse Triangular Mergers,” Law360 (March 21, 2013)