David M. McIntosh
David advises a wide range of companies, investors, and institutions in all manner of transactions involving intellectual property, including technology licensing, product development collaborations, joint ventures, mergers and acquisitions, supply arrangements, distribution and co-promotion deals, 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. David also advises major life sciences, technology, branded product, retail, and financial services companies in connection with privacy and data security matters, including transactions involving the transfer and processing of sensitive data, privacy issues related to marketing and social media initiatives, and data security breach response.
- 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 its collaboration with Roivant Sciences to launch Myovant Sciences Ltd., a biopharmaceutical company focused on women's health and prostate cancer. Takeda granted Roivant exclusive licenses to relugolix, a phase 3 candidate that is being developed as a gonadotropin-releasing hormone receptor agonist for entering fibroids, endometriosis and prostate cancer, and RVT-602, a novel oligopeptide kisspeptin receptor agonist being developed for the treatment of infertility in females.
- Represented Genzyme Corporation in connection with various matters, including the following transactions:
- Acquisition of Caprelsa®, a rare disease therapy to treat symptomatic or progressive medullary thyroid carcinoma, from AstraZeneca;
- Collaboration agreement and equity investment in Voyager Therapeutics related to novel gene therapies for severe central nervous system disorders;
- Collaboration agreement and $700 million equity investment in Alnylam Pharmaceuticals, Inc. related to rare disease siRNA drug candidates;
- Disposition of Genzyme’s genetics testing and diagnostics business units to Laboratory Corporation of America and Sekisui Chemical Co., Ltd, respectively;
- 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;
- 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 Sarepta Therapeutics in connection with exclusive license and collaboration agreement with Summit Therapeutics pipeline for Duchenne muscular dystrophy.
- Represented Boehringer Ingelheim in connection with the negotiation of a global collaboration to develop and commercialize an anti-IL-23 monoclonal biologic antibody in Phase 3 development for psoriasis and also in development for Crohn's disease, psoriatic arthritis and asthma, as well as an anti-CD-40 antibody in Phase 1 development, under which AbbVie agreed to pay BI $595 million upfront as well as additional development and regulatory milestone payments and royalties on net sales.
- 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 Sarepta Therapeutics in connection with the negotiation of a number of sponsored research and license agreements with U.S. and international academic institutions.
- Represented Selecta Biosciences in connection with the negotiation of a number of license and research agreements.
- Represented CANbridge Life Sciences, a Chinese life sciences company, in connection with the negotiation of a license and collaboration agreement with AVEO Pharmaceuticals.
- 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 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)