David McIntosh advises a wide range of companies, investors, and institutions in the life sciences industry in strategic transactions involving intellectual property and technology, with particular focus on strategic collaborations and licensing transactions, mergers and acquisitions, joint ventures, supply and distribution arrangements, and co-commercialization and marketing agreements. Recognized by Chambers, Law 360, Best Lawyers, and other publications as a leading practitioner in his field, David provides practical, commercial advice that leverages his over 25 years of experience representing key players in the life sciences industry.

David’s clients are global and varied, ranging from private and public biotech companies, to global biopharmaceutical, medical device, and diagnostic companies, to world-renown academic institutions and international investment firms. David has developed a particular expertise in cross-border strategic transactions involving clients and counterparties in Europe, China, Japan, Korea, and the Middle East. David also advises clients regarding the use of artificial intelligence (AI) technologies in the life sciences industry, including clients that employ their own proprietary AI platforms and those that partner with AI providers. Although David’s practice focuses on the life sciences industry, he also has extensive experience advising companies and investors in the AI, technology and branded product industries with respect to strategic transactions involving intellectual property as well as day-to-day commercial and corporate matters.

Experience

Strategic Life Sciences Transactions

  • Represented Monte Rosa Therapeutics in two exclusive collaboration and license agreements with Novartis under which Monte Rosa granted Novartis exclusive rights to molecular glue degraders directed to various immunology targets in exchange for over $200million in upfront payments, plus option maintenance payments and milestones payments totaling over $7 billion, plus royalties.
  • Represented Matchpoint Therapeutics in an exclusive option and license agreement with Novartis, valued up to $1 billion, for the development and commercialization of oral covalent inhibitors directed at a transcription factor linked to multiple inflammatory diseases.
  • Represented Creyon Bio in a global licensing and multi-target research collaboration with Eli Lilly and Company focused on the discovery, development and commercialization of novel RNA-targeted oligonucleotide (oligo) therapies for a broad range of diseases.
  • Advised Adaptimmune Therapeutics in a clinical collaboration agreement with Galapagos NV, valued at up to $665 million (with $100 million of that paid at signing and another $100 million payable at option exercise), under which Adaptimmune granted Galapagos an option to exclusively license Adaptimmune’s next-generation engineered T-cell receptor (TCR) T-cell therapy, called uza-cel, targeting certain head and neck cancer and potential future solid tumor indications using Galapagos’ decentralized cell manufacturing platform. The license was subject to Adaptimmune’s retention of the right to develop and commercialize uza-cel manufactured on its own platform for platinum-resistant ovarian cancer.
  • Represented Novavax Inc. in a $1.2 billion co-exclusive licensing agreement with French pharmaceutical company Sanofi, under which the parties will commercialize Novavax’s COVID-19 vaccine and Sanofi received rights to develop combination COVID-19 vaccines, including a combined COVID-19 and influenza shot, and to use Novavax’s adjuvant technology in other vaccines.
  • Represented HotSpot Therapeutics in two worldwide collaboration and licensing transactions with separate global biopharmaceutical companies, each with respect to new classes of small molecules for the treatment of autoimmune diseases, under which HotSpot received significant upfront payments and the right to receive over a billion dollars in milestone payments plus royalties.
  • Represented Avidity Biosciences in a global licensing and research collaboration with Bristol Myers Squibb focused on the discovery, development and commercialization of Antibody-Oligonucleotide Conjugate therapeutics directed to multiple cardiovascular targets with potential cumulative payments up to $2.3 billion.
  • Represented CANbridge Pharmaceuticals, a China-based biopharmaceutical company, in connection with multiple transactions including its exclusive license agreement with Mirum Pharmaceuticals relating to the development and commercialization of maralixibat in Greater China for the treatment of certain rare diseases, the termination of CANbridge’s license agreement with Puma Biotechnology, and sponsored research agreements with leading academic medical centers.
  • Represented Boston Medical Center in connection with the negotiation of an exclusive patent and know-how license agreement with Pfizer relating to a small molecule drug development program invented at BMC under a collaboration with Pfizer.
  • Represented Adaptimmune Therapeutics in its $3+ billion strategic collaboration with Genentech to research, develop and commercialize cancer-target allogeneic T-cell therapies, under which the companies will combine their technologies and expertise to research and develop “off-the-shelf” cell therapies for up to five cancer targets and develop a novel allogeneic personalized cell therapy platform.
  • Advised Shape Therapeutics in a strategic research collaboration and license agreement with Roche worth up to $3 billion to use Shape’s RNA-editing platform and adeno-associated virus technology to identify and develop treatments for Alzheimer’s disease, Parkinson’s disease and other neurodegenerative diseases.
  • Advised Sana Biotechnology in connection with the negotiation of numerous transactions, including in-license agreements with Harvard University, the University of California San Francisco, and Nanjing IASO Biotherapeutics.
  • Advised Tmunity Therapeutics in connection with various licensing matters and with the divestiture of its cell therapy manufacturing facility to National Resilience and related strategic supply arrangements.
  • Advised Obsidian Therapeutics in connection with a collaboration and licensing agreement with Vertex Pharmaceuticals focused on the discovery of novel therapies that regulate gene editing for the treatment of serious diseases, which involved up to $75 million in upfront payments and $1.3 billion in potential payments to Obsidian.
  • Advised Forma Therapeutics in connection with the divestiture of its hit discovery research unit to Valo Health.
  • Advised Belgian biopharmaceutical company iTeos Therapeutics in a $2 billion collaboration with global health care leader GSK to co-develop and co-commercialize an anti-TIGIT monoclonal antibody as a potential treatment for cancer patients.
  • Represented CStone Pharmaceuticals in connection with two significant development collaboration transactions with U.S. and Korean biotech companies under which a CStone significant received upfront payments and was eligible to receive over $1 billion in milestone payments as well as royalties.
  • Represented ImmunoGen Inc. in an exclusive collaboration with Hangzhou Zhongmei Huadong Pharmaceutical Co. to develop and commercialize mirvetuximab soravtansine, a treatment for ovarian cancer, in Greater China.
  • Represented uniQure N.V. in a $1.6 billion licensing agreement to provide biopharmaceutical company CSL Behring with exclusive global rights to uniQure’s investigational gene therapy for patients with hemophilia B.
  • Represented Sarepta Therapeutics in numerous transactions, including a $1.15 billion collaboration and license agreement, which granted Roche exclusive rights to commercialize Sarepta’s investigational single treatment gene therapy for Duchenne muscular dystrophy (DMD) outside the United States as well as options to bring forward certain other Sarepta products for the treatment of DMD.
  • Represented Takeda Pharmaceutical Company Limited in numerous transactions including in connection with collaboration agreements with the Tri-Institutional Therapeutics Discovery Institute, made up of Memorial Sloan Kettering Cancer Center, The Rockefeller University, and Weill Cornell Medicine (TDI) and with Bridge Medicines, a biotech company launched by Takeda, TDI, and other investors, and in connection with the formation of Ambys Medicines, a company launched by Takeda and Third Rock Ventures, to discover and develop novel cell and gene therapies for liver disease.
  • Represented Accent Therapeutics in a collaboration, option and license agreement with AstraZeneca to develop and commercialize ADAR1, an RNA editor being developed for oncology indications.
  • Represented BioCryst Pharmaceuticals, Inc. in the licensing of commercialization rights in Japan for BCX7353, a preventative treatment for hereditary angioedema (HAE) attacks, to Torii Pharmaceutical, Co., a Japanese pharmaceutical company.
  • Represented Arbor Biotechnologies in a strategic research collaboration with Vertex Pharmaceuticals concentrated on the discovery of novel proteins including DNA endonucleases with the goal of furthering the development of new gene-editing therapies for cystic fibrosis and four other diseases to be determined at a later point.
  • Advised Blueprint Medicines Corporation in connection with an exclusive collaboration and license agreement with CStone Pharmaceuticals, a China-based clinical stage biopharmaceutical company, concerning the development and commercialization of three investigational cancer therapies in mainland China, Hong Kong, Macau and Taiwan. At the time of its completion, this transaction was the largest investigational cancer therapeutic licensing deal ever done in China.
  • Advised The Independent Transactions Committee of the Board of Directors of Akcea Therapeutics in connection with the negotiation of an exclusive, worldwide licensing deal with affiliate Ionis Pharmaceuticals related to the commercialization of two of Ionis’ drugs for the treatment of hereditary transthyretin amyloidosis, a progressive and fatal disease resulting from abnormal protein deposits in the peripheral nervous system. This transaction is potentially worth up to $1.7 billion plus profit sharing payments.
  • 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, and its collaboration agreements with Verily and Microsoft to develop the Terra platform.
  • 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.
  • Represented Akebia Therapeutics, Inc. numerous transactions, including in its global collaboration and license agreements with Otsuka Pharmaceutical Co. to develop and commercialize vadadustat, an oral hypoxia-inducible factor (HIF) stabilizer and an exclusive license agreement with Vifor Pharma Group.
  • Advised Shire Plc in numerous transactions, including a collaboration with Rani Therapeutics to exclusively conduct research on the use of Rani’s Pill(TM) technology for the oral delivery of factor VIII (FVIII) therapy for patents with hemophilia A. As part of the collaboration agreement, Shire was allowed an exclusive licensing option to develop and commercialize the Pill(TM) technology following the completion of feasibility studies.
  • Advised a major pharmaceutical company in a joint venture and strategic collaboration with a venture capital firm to create a NewCo dedicated to the treatment of certain rare liver diseases. In connection with this joint venture, the pharmaceutical company entered into a license and collaboration agreement with NewCo, under which the company will receive four exclusive options to receive exclusive licenses for lead candidates (and their back-ups) developed by NewCo outside of the United States.
  • Represented Juno Therapeutics in connection with numerous transactions, including its in-license of a small molecule drug candidate from Eli Lilly and Company to be used in combination with Juno’s proprietary cellular immunotherapies for the treatment of cancer and an in-license of related patents from Fred Hutchinson Cancer Research Center.
  • 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 (now known as SKYRIZI®) which was then in clinical development for psoriasis, Crohn's disease, psoriatic arthritis and asthma.
  • Represented Genzyme on numerous licensing, supply, collaboration, and M&A transactions over many years before and after its acquisition by Sanofi.

Mergers and Acquisitions

  • Advised Akebia Therapeutics to acquire Q32 Bio’s Phase 2 complement inhibitor drug ADX-097 for a total of up to $592 million to establish a rare kidney disease pipeline.
  • Advised Johnson & Johnson in connection with the acquisition of numerous private and public biotechnology companies.
  • Advised Becton Dickinson in connection with various acquisitions, dispositions and license and development transactions.
  • Advised Symmetry Surgical Inc., a publicly traded medical devices provider, in its sale to RoundTable Healthcare Partners.
  • 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.
  • 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.

Areas of Practice