Team
Alexandra Pygall Head of life sciences T: +44 20 7809 2137 M: +44 7881 314 566
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Recent experience includes:
Bicycle Therapeutics - Bayer
Advised Bicycle Therapeutics plc on a strategic collaboration agreement with Bayer to discover and develop Bicycle radioconjugates for multiple oncology targets. Under the terms of the agreement, Bayer and Bicycle will collaborate on the development of bicyclic peptides for multiple oncology targets. Bicycle will use its proprietary phage platform to discover and develop bicyclic peptides, and Bayer will be responsible for, and fund, all further preclinical and clinical development, manufacturing, and commercialisation activities. Bicycle will receive a US$45 million upfront payment. It is also eligible to receive development and commercial-based milestone fees, totalling up to US$1.7 billion, as well as tiered royalties on Bicycle-based medicines commercialised by Bayer. The closing of the transaction was subject to clearance under the U.K. National Security and Investment Act (NSIA) 2021.
Bicycle Therapeutics – Novartis
Advised Bicycle Therapeutics on a strategic collaboration agreement with Novartis to discover and develop multiple targeted radioligand therapies in oncology. The two companies will develop, manufacture and commercialise Bicycle® radio-conjugates (BRCs) for multiple agreed upon oncology targets. Under the terms of the agreement, Bicycle will use its proprietary phage platform to discover "Bicycles" to be developed into BRCs. Novartis is responsible for further development, manufacture and commercialisation of the BRCs. Bicycle received a US$50 million upfront payment. It is also eligible to receive development and commercial-based milestone payments totalling up to US$1.7 billion, as well as tiered royalties on Bicycle-based medicines commercialised by Novartis.
BenevolentAI
Advised BenevolentAI on its recent strategic collaboration with Merck. The collaboration will use BenevolentAI’s end-to-end AI platform capabilities to deliver novel drug candidates – initially for three targets in oncology, neurology and immunology – and to identify and develop innovative compounds through Hit Identification to pre-clinical stage. Under the terms of the agreement, BenevolentAI will be eligible for payments of up to $594 million, consisting of a low double-digit million dollar upfront payment on signing and then potentially discovery, development and commercial milestones. Tiered royalties will also be payable on net sales of any commercialised products.
GlaxoSmithKline (GSK)
Advised global healthcare company GSK on a number of matters, including:
- Acting as coordinating counsel in relation to what was probably the largest piece of trade mark pharmaceutical litigation to date. The dispute was between two of the largest pharmaceutical companies globally, related to the third best selling pharmaceutical product of all time and spanned 30 different countries. Jurisdictions included UK, Germany, Norway, Sweden, South Korea, Denmark, Ireland, Estonia, Latvia, Australia, and the United States.
- Providing a global 3D trade mark protection and enforcement strategy to GSK in relation to its multi billion pound medical device. As part of its work, Stephenson Harwood acted as coordinating counsel to achieve successful preliminary injunctions in Poland, Czech Republic, Slovakia, Germany and South Korea against multiple generic companies. Proceedings were also initiated in the UK but settled shortly before trial.
- Working with local counsel to obtain a successful preliminary injunction in Sweden against a generic company that had copied our client’s distinctive colour combination getup. This matter is currently before the Swedish supreme Court.
Haleon
We have advised GSK’s consumer health spin-off, Haleon, in its strategy to protect its trademark and design rights in France and to defend its rights against competitors in relation to well-known toothpaste products. We provided the client with an in-depth analysis on the chances of success of an infringement action against its competitors, together with an unfair competition and parasitism action due to the use of a similar toothpaste’s packs. These are complex matters as it involved in particular conducting market research to analyse competitors’ toothpaste’s packs. A possible litigation may follow.
Novacyt S.A.
Advised Novacyt on acquiring the entire share capital of IT-IS International Ltd, a profitable diagnostic instrument development and manufacturing company, for an initial cash consideration of £10.1 million. IT-IS is the exclusive manufacturer of Novacyt’s q16 and q32 rapid polymerase chain reaction (PCR) instruments and the deal was vital to securing key IP for Novacyt's rapid-PCR instruments.
UCB
Advised UCB in relation to a new collaboration and licensing agreement with Lacerta Therapeutics, a Florida based clinical stage gene therapy company. The research collaboration and licensing agreement will focus on a central nervous system (CNS) disease with a high unmet need. Lacerta Therapeutics will lead research, preclinical activities and the early manufacturing process development, while UCB will complete IND-enabling studies, manufacturing and clinical development. This new collaboration will allow UCB to access Lacerta Therapeutics’ expertise in AAV-based CNS targeted gene therapies, fortifying UCB’s ability to produce effective treatments for neurodegenerative diseases. The IP issues were particularly complex given that this is new technology and the IP landscape is very uncertain.
Shield Therapeutics plc
Advised on the IP aspects of this company's AIM IPO.
BTG plc
Advised this publicly listed company on a number of matters, including:
- the IP aspects of its acquisition of EKOS Corporation, a manufacturer of interventional products for the treatment of blood clots; and
- the purchase of the residual financial interest of the originator of the Varithena foam sclerotherapy technology for a one-off cash payment of £23 million, ensuring that BTG retains 100% of the future value of Varithena.
Piramal Enterprises Limited
Advised this Mumbai-headquartered life science company on the IP aspects of its sale of Piramal Imaging SA to UK based medical imaging services provider Alliance Medical Group, part of the Life Healthcare Group.
Individual inventor
Advised an inventor in relation to a diagnostic and treatment device in the ENT area. We provided strategic and practical legal advice to clarify the position on IP ownership and control over the product, and to prepare the ground for financial investment into and commercialisation of the device.
UK litigation - Preventing unauthorised use
Advising on a dispute in which a third party was using our client’s name to sell substandard PPE. Following our involvement, the third party promptly rebranded.
UK litigation - Protecting well known getup
Advising on a passing off dispute in relation to our client’s OTC emollient product for the treatment of eczema and other skin conditions. The third party had copied our client’s well known getup and agreed to change following our firm’s involvement.
Copyright - Patient reported outcome questionnaires
Providing a copyright enforcement and protection strategy in relation to our client’s FDA approved patient reported outcome questionnaire in relation to patient’s experience with varicose veins during therapy.
Trade mark disputes
Advising in relation to a trade mark dispute to ensure our client can use its preferred name for its interventional and immuno-oncology business.
Trade mark clearance advice (including regulatory name safety)
Providing trade mark clearance advice, including regulatory name safety clearance, in relation to the launch of multiple prescription products in the UK, EU and beyond.
Trade mark disputes
Advising a French pharmaceutical company in relation to a third party that was infringing one of its trade marks.
Parallel imports
Advising a well known pharmaceutical company in relation to a parallel importer that was applying our client’s trade mark to products that were not put onto the market with our client’s consent.
3D and colour protection
Obtaining multiple 3D and colour trade marks in the UK, EU and beyond for our pharmaceutical clients.