Mark W. Bellomy
Mark is an IP transactions attorney and advises a wide range of companies, investors and institutions concerning all manner of transactions involving technology and intellectual property, including: research, development and commercialization collaborations; licensing; joint ventures; mergers and acquisitions; information technology and business process outsourcing; technology transfers; supply, distribution and co-promotion relationships; and other strategic commercial transactions.
Mark has extensive experience advising companies in the life sciences, high-technology, health care, private equity, financial services, investment management, and branded product industries with respect to technology and intellectual property-driven transactions. He also provides clients with strategic advice regarding the creation and management of intellectual property assets, as well as day-to-day commercial and corporate matters. Mark is a patent attorney registered with the United States Patent and Trademark Office, and has experience prosecuting patent applications relating to software, electromechanical devices and consumer goods.
Mark has served as in-house counsel for one of the world’s leading pharmaceutical companies. Prior to attending law school, Mark served as a cavalry officer and scout platoon leader in the United States Army.
Strategic Licensing and Collaboration Transactions
- Represented Pfizer in its collaboration with Merck KGaA to develop and commercialize anti-PD-L1 antibodies to treat tumors. This transaction won the LES 2015 “Deal of Distinction Award” for the life sciences sector. It included an upfront payment to Merck of $850 million and $2 billion in regulatory and commercial milestones.
- Represented Pfizer in its strategic licensing agreement with MedGenesis Therapeutix, granting Pfizer an exclusive worldwide option to license MedGenesis’ glial cell line-derived neurotrophic factor (GDNF) protein and convection enhanced delivery (CED) technology to be used in research for potential treatments for Parkinson's disease.
- Represented Pfizer in its co-exclusive collaboration with Eli Lilly to develop Tanezumab, Pfizer’s human MAb antinerve growth factor for osteoarthritis and pain. The transaction included a payment to Pfizer of $200 million (contingent on the FDA addressing its clinical hold on the program), $350 million in regulatory milestones and up to $1.23 billion in sales milestones.
- Represented Pfizer in its collaboration with Merck to develop and commercialize ertugliflozin (PF-04971729). Pfizer received upfront payments and milestones of $60 million and is eligible for additional payments associated with the achievement of future clinical, regulatory and commercial milestones. Under the collaboration, Merck and Pfizer will share potential revenues and certain costs under the collaboration on a 60/40 basis.
- Represented AstraZeneca in its worldwide licensing and partnership agreement with Eolas Therapeutics for the development and commercialization of Eolas’ Orexin-1 Receptor Antagonist program for smoking cessation and other indications.
- Represented Genzyme in connection with its collaboration agreement and $700 million equity investment in Alnylam Pharmaceuticals related to rare disease siRNA drug candidates.
- Represented Ironwood Pharmaceuticals in its licensing agreement with AstraZeneca for the U.S. rights to Zurampic, an FDA-approved treatment for hyberuricemia associated with uncontrolled gout. Ironwood made an up-front payment of $100 million and will pay AstraZeneca tiered single-digit royalties on product sales as well as sales-related and other milestones of up to $165 million.
- Represented Verastem in connection with its licensing agreement with Infinity Pharmaceuticals pursuant to which Verastem secured exclusive worldwide rights to develop and commercialize Infinity Pharmaceuticals’ oncology product candidate duvelisib.
- Represented Wyeth in its worldwide licensing, development and supply agreement with Catalent Pharma Solutions for Advil Liqui-Gels®.
- Represented Pfizer, Becton Dickinson and other leading pharmaceutical and medical device companies in connection with multiple co-promotion, distribution and manufacturing relationships.
- Represented leading pharmaceutical, medical device and medical technology companies in the development and implementation of licensing and collaboration best practices programs.
Mergers and Acquisitions
- Represented Pfizer in its acquisition of AstraZeneca’s late-stage small molecule anti-infectives business. The transaction, expected to close in Q4 2016, includes the commercialization and development rights to the newly approved EU drug Zavicefta™, the marketed agents Merrem™/Meronem™ and Zinforo™, and the clinical development assets aztreonam-avibactam (ATM-AVI) and CXL. Upon closing, Pfizer will make an upfront payment of $550 million, and a deferred payment of $175 million in January 2019. AstraZeneca is also eligible to receive up to $250 million in milestone payments, up to $600 million in sales-related payments, and tiered royalties on sales of Zavicefta and ATM-AVI in certain markets.
- Represented Pfizer in its minority investment in, and option to acquire, AM-Pharma, a private company focused on the development of recombinant human Alkaline Phosphatase (recap) for the treatment of inflammatory diseases.
- Represented Pfizer in connection with the reconciliation and integration of collaborative development programs acquired in connection with Pfizer’s acquisition of Wyeth and King Pharmaceuticals.
- Represented Becton Dickinson in connection with the $730 million divesture of its Discovery Labware business to Corning.
- Represented Becton Dickinson in connection with the divestiture of its vertebral augmentation solutions business to Stryker.
- Represented Becton Dickinson in connection with the divestiture of its BD Rx business to Fresenius Kabi. The transaction included the divestiture of Becton Dickinson’s pharmaceutical manufacturing plant in Wilson, NC and the BD SimplistTM line of seven drugs in ready-to-administer prefilled glass syringes.
- Represented Wyeth in connection with its divestiture of a portfolio of ten branded generic products (including Seresta®) to Meda.
- Represented IASIS Healthcare in connection with information technology and intellectual property matters associated with its divestiture of hospitals and medical facilities in Florida and Nevada.
- Represented State Street in connection with information technology and intellectual property matters associated with its acquisition of GE Asset Management from GE.
- Represented State Street in connection with information technology and intellectual property matters associated with its $550 million acquisition of Goldman Sachs Administration Services, a leading hedge fund administrator, from the Goldman Sachs Group.
- Represented Weston Presidio with respect to trademark, branding and other intellectual property matters in connection with its multi-phase divestiture of Evenflo.
- Represented Bain Capital with respect to trademark, branding and other intellectual property matters in connection with its $3 billion going private acquisition of OSI Restaurant Partners, whose restaurant concepts include Outback Steakhouse.
- Represented Advent International, Audax Group, Avista Capital Partners, Bain Capital, Berkshire Partners, BV Investment Partners, Charlesbank, Gridiron Capital, New Mountain Capital, Revelstoke Capital Partners, Summit Partners, Thomas H. Lee Partners, TPG and other private equity firms with respect to intellectual property matters in connection with their investments in the technology, life sciences, health care, consumer product, and software sectors.
IT Licensing and Outsourcing Transactions
- Represented Partners Healthcare in connection with the licensing and $1.2 billion implementation of the EPIC Electronic Health Record platform.
- Represented DentaQuest, Express Scripts and other healthcare benefits management organizations in connection with strategic information technology infrastructure outsourcing transactions.
- Represented Reit Management and Research, TravelCenters of America, Five Star Quality Care, Sonesta Hotels and other operating companies in connection with information technology licensing and services relationships.
Patent Litigation Settlements
- Represented Pfizer, Senju Pharmaceutical Co., Wyeth and other pioneer pharmaceutical companies in the settlement of ANDA litigations.
- Represented Spansion in connection with successful settlement of a large set of multi-patent infringement cases related to flash memory technology, including four investigations at the U.S. International Trade Commission, three cases in Federal courts in Virginia and the Northern District of California, and eleven inter partes proceedings before the USPTO.