Health & Pharmaceuticals

Advising on its demutualisation and listing on the ASX, and on subsequent acquisitions, including IMAN Australia.

Acting on its acquisition of McKesson Asia Pacific to form Medibank Health Solutions. We also advised Medibank on its multi-sourced IT outsourcing.

Australian advisers to Primary on Primary Retail’s vanilla bond offer, the first under ASIC’s new class order, which facilitated the issue of listed bonds by reducing the disclosure burden on eligible issuers.

Advising on its acquisition and subsequent disposal of Pacific Nursing Solutions (now Healthcare Australia) a nursing, healthcare and homecare services provider.

Advising on their proposed IPO.

Advising Mayne Health (subsequently Affinity Health) on a broad range of transactions, including an agreement with the Defence Department in 2003 for the provision of garrison medical services.

Advising Intel's digital health business on the launch of the Intel Health Guide in Australia, including listing on the ARTG, advising on privacy issues arising from the product and related online service appointment of Health as Intel's Australian distributor.

Advising on its AUD 2bn refinancing.

Acting in litigation involving revocation and infringement of a patent in relation to a blood glucose test kit.

Advising on a successful patent infringement action relating to disposable syringes used in CT injector systems. We negotiated a settlement whereby Alpine Medical agreed to a permanent court ordered injunction not to supply the syringes.

Advising in relation to maintaining ASX listing and in relation to joint venture investment with US life sciences company. This deal raised IP and corporate issues and involved complex issues regarding ASX listing rules.

Advising on the registration of Colgate Sensitive Pro-Relief (CSPR) as a medical device - we were able to successfully convince the TGA to include CSPR in the ARTG as a medical device and Colgate was able to launch the product to consumers in Australia in 2010.

Assistance in connection with its arrangements with a CRC relating to the commercialisation of various ophthalmic technologies, and with a public company relating to the commercialisation of DNA Directed RNA interference, a breakthrough gene silencing technology.

Acting in a range of patent disputes involving inventions surrounding an anti-AIDS anti-viral compound.

Advising on one of the first investments by the Medical Research Commercialisation Fund.

Advising on all aspects of intellectual property and in developing a suite of more than 30 precedent documents for use by The University of Sydney and Sydnovate, including a range of patent licenses, commercialisation and research agreements, and have recently developed additional precedent documents relating to clinical trials.

Advising CSIRO on a diverse range of intellectual property and technology transactions, including research collaborations, patent and technology licensing, commercialisation, joint ventures, funding arrangements, spin offs and investments. We have also advised the CSIRO on the development of precedent agreements, including patent and technical information licenses and research collaboration agreements.

Assisting in negotiations for the award a contract from the Office of Biomedical Advanced Research (BARDA) within the Office of the Assistant Secretary for Preparedness and Response (ASPR) at the US Department of Health and Human Services (HHS) for up to an estimated US$231 million. The contract is designed to provide US based manufacturing and clinical data to support a New Drug Application for laninamivir, to the US Food and Drug Administration. We have also been advising on all aspects of Biota’s human rhinovirus BA 798 (HRV) clinical trial arrangements in the USA.

Successfully representing Hospira in relation to a patent validity and infringement action against Sanofi-Aventis concerning an oncology drug, the first case in recent years where an application for an interlocutory injunction has been successfully resisted on both delay and damages being an adequate remedy.

Advising these pharmaceutical companies in successful revocation and infringement proceedings involving a patent for a method of treatment for skin cancer.

Acting in relation to an appeal by GSK from the Patent Office decision allowing the opposition against its patent for a multi-valent vaccine.

Advising the majority shareholders in Xenome, Queensland BioCapital Fund No. 1 and Fund No. 2 (QBF) in the negotiation of commercial agreements designed to safeguard QBF's investment in Xenome which is developing peptide drugs for pain inflammation treatments.

Advising Pfizer Australia's wholly owned subsidary Fort Dodge Australia in defending product liability proceedings involving one of their leading vaccines for cattle.

Advising on a patent infringement action concerning the weight loss drug Reductil. We advised Abbott in relation to all aspects of the interlocutory and final proceedings, including overall strategy, locating expert witnesses and evidence preparation.

Acted successfully for Alphapharm in invalidating the patent for a method of treatment involving administering an extended release venlafaxine formulation (one of Australia’s best-selling anti-depressants). After a unanimous Full Federal Court decision, the patentee, Wyeth, did not get special leave to appeal to the High Court.