WilmerHale Secures Major Deal for Nabriva Therapeutics and Forest Laboratories

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WilmerHale Secures Major Deal for Nabriva Therapeutics and Forest Laboratories

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For companies in the life sciences sphere, licensing intellectual property and establishing strategic alliances are critical. WilmerHale’s experienced licensing lawyers shepherd biotech, pharmaceutical, healthcare and medical device clients of all sizes through the complex transactions that make their businesses possible, including a broad range of licensing, collaboration, strategic alliance and joint venture agreements. Our attorneys also excel at brokering manufacturing and supply agreements, contract research and development agreements, distribution and commercialization services agreements, and material transfer and confidentiality agreements. They also frequently represent life sciences clients as they license patents—often the foundations of their companies—from, and sponsor research at, leading academic institutions across the United States and Europe. Backed not only by their own experience but also the deep well of knowledge possessed by the firm’s patent, tax, antitrust and EU competition lawyers, our transactional attorneys are ready to handle even the most multifaceted matters. Our team helps clients protect their innovations, forge strategic alliances, and successfully navigate a complex, dynamic industry.
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Earlier this month, WilmerHale led Austrian-based client Nabriva Therapeutics into an agreement with Forest Laboratories for the development of Nabriva’s novel antibacterial agent, BC-3781, marking what could be one of Europe’s most significant biotechnology deals in 2012. The antibacterial agent, BC-3781, is used for the treatment of severe skin infections and pneumonia, among other conditions.

As announced by the companies on June 1, 2012, pursuant to the agreement, Forest will fund Nabriva $25 million and collaborate in development activities related to BC-3781 over the next 12 months. During the 12-month period, Forest has exclusive rights to acquire Nabriva. No further financial or other terms were disclosed. The transaction is subject to customary regulatory clearances including termination of the applicable Hart-Scott-Rodino waiting period.

Nabriva Therapeutics is a biotechnology company focused on developing a new class of antibiotics for the treatment of serious infections caused by resistant pathogens. Nabriva’s lead systemic focus is on a new class of antibiotics, including drug resistant strains such as MRSA and Vancomycin-resistant Enterococcus faecium. Nabriva’s current shareholders include Phase4 Ventures, HBM Partners, The Wellcome Trust, Global Life Science Ventures, Novartis Venture Fund and Sandoz.

Negotiations for this transatlantic deal were lead by an international team of WilmerHale lawyers. The Frankfurt team included Partner Dr. Rüdiger Herrmann, Counsel Jochen Eimer, Senior Associates Christoph Harler, Dr. Monika Richter and the US team included Partners Jeffrey Hermanson and David Redlick. Dr. Hartmut Schneider and Dr. Peter Gey advised on the regulatory issues and antitrust clearance of the transaction.

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