Antibiotics Partnering Terms and Agreements

Date: June 1, 2014
Pages: 392
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Publisher: CurrentPartnering
Report type: Strategic Report
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Antibiotics Partnering Terms and Agreements
The Antibiotics Partnering Agreements report provides an understanding and access to the antibiotics partnering deals and agreements entered into by the worlds leading healthcare companies.
  • Trends in antibiotics partnering deals
  • Disclosed headlines, upfronts, milestones and royalties by stage of development
  • Antibiotics partnering contract documents
  • Top antibiotics deals by value
The Antibiotics Partnering Terms and Agreements report provides an understanding and access to the antibiotics partnering deals and agreements entered into by the worlds leading healthcare companies.

The report provides a detailed understanding and analysis of how and why companies enter antibiotics partnering deals. The majority of deals are early development stage whereby the licensee obtains a right or an option right to license the licensors antibiotics technology or product candidates. These deals tend to be multicomponent, starting with collaborative R&D, and commercialization of outcomes.

This report provides details of the latest antibiotics agreements announced in the healthcare sectors, covering:
  • Antibiotics
  • Aminoglycosides
  • Cephalosporin
  • Clindamycin
  • Macrolides
  • Penicillin
  • Quinolones
  • Sulfonamides
  • Tetracycline
Understanding the flexibility of a prospective partner’s negotiated deals terms provides critical insight into the negotiation process in terms of what you can expect to achieve during the negotiation of terms. Whilst many smaller companies will be seeking details of the payments clauses, the devil is in the detail in terms of how payments are triggered – contract documents provide this insight where press releases and databases do not.

This report contains over 180 links to online copies of actual antibiotics deals and contract documents as submitted to the Securities Exchange Commission by companies and their partners. Contract documents provide the answers to numerous questions about a prospective partner’s flexibility on a wide range of important issues, many of which will have a significant impact on each party’s ability to derive value from the deal.

Contract documents provide the answers to numerous questions about a prospective partner’s flexibility on a wide range of important issues, many of which will have a significant impact on each party’s ability to derive value from the deal.

For example, analyzing actual company deals and agreements allows assessment of the following:
  • What is actually granted by the agreement to the partner company?
  • What exclusivity is granted?
  • What are the precise rights granted or optioned?
  • What is the payment structure for the deal?
  • How aresalesand payments audited?
  • What is the deal term?
  • How are the key terms of the agreement defined?
  • How are IPRs handled and owned?
  • Who is responsible for commercialization?
  • Who is responsible for development, supply, and manufacture?
  • How is confidentiality and publication managed?
  • How are disputes to be resolved?
  • Under what conditions can the deal be terminated?
  • What happens when there is a change of ownership?
  • What sublicensing and subcontracting provisions have been agreed?
  • Which boilerplate clauses does the company insist upon?
  • Which boilerplate clauses appear to differ from partner to partner or deal type to deal type?
  • Which jurisdiction does the company insist upon for agreement law?
The initial chapters of this report provide an orientation of drug dealmaking and business activities. Chapter 1 provides an introduction to the report, whilst chapter 2 provides an overview of the trends in antibiotics dealmaking since 2007, including details of average headline, upfront, milestone and royalty terms.

Chapter 3 provides a review of the leading antibiotics deals since 2007. Deals are listed by headline value, signed by bigpharma, most active bigpharma, and most active of all biopharma companies. Where the deal has an agreement contract published at the SEC a link provides online access to the contract.

Chapter 4 provides a comprehensive listing of the top 50 bigpharma companies with a brief summary followed by a comprehensive listing of antibiotics deals, as well as contract documents available in the public domain. Where available, each deal title links via Weblink to an online version of the actual contract document, providing easy access to each contract document on demand.

Chapter 5 provides a comprehensive listing of the top 50 big biotech companies with deal announced along with a brief summary followed by a comprehensive listing of antibiotics deals, as well as contract documents available in the public domain. Where available, each deal title links via Weblink to an online version of the actual contract document, providing easy access to each contract document on demand.Chapter 6 provides a comprehensive and detailed review of antibiotics partnering deals signed and announced since 2007, where a contract document is available in the public domain. The chapter is organized by stage of development at signing, deal type (collaborative R&D, co-promotion, licensing etc), specific therapy focus and specific technology type. Each deal title links via Weblink to an online version of the deal record and where available, the contract document, providing easy access to each contract document on demand.

The report also includes numerous tables and figures that illustrate the trends and activities in antibiotics partnering and dealmaking since 2007.

In addition, a comprehensive appendix is provided organized by antibiotics partnering company A-Z, deal type definitions and antibiotics partnering agreements example. Each deal title links via Weblink to an online version of the deal record and where available, the contract document, providing easy access to each contract document on demand.

In conclusion, this report provides everything a prospective dealmaker needs to know about partnering in the research, development and commercialization of antibiotics technologies and products.
CHAPTER 1 – INTRODUCTION

CHAPTER 2 – TRENDS IN ANTIBIOTICS DEALMAKING

2.1. Introduction
2.2. Antibiotics partnering over the years
2.3. Big pharma antibiotics dealmaking activity
2.4. Big biotech antibiotics dealmaking activity
2.5. Most active in antibiotics partnering
2.6. Antibiotics partnering by deal type
2.7. Antibiotics partnering by disease type
2.8. Partnering by antibiotics technology type
2.9. Partnering by antibiotics stage of development
2.10. Average deal terms for antibiotics partnering
  2.10.1 Antibiotics headline values
  2.10.2 Antibiotics upfront payments
  2.10.3 Antibiotics milestone payments
  2.10.4 Antibiotics royalty rates
2.11. The anatomy of antibiotics partnering
2.12. The anatomy of an antibiotics deal
2.12. a. Case study 1: Calixa Therapeutics & Astellas –May 24 2009
2.12. b. Case study 2: Advanced Life Sciences & Wyeth- Oct 1 2008
2.12. c. Case study 3: Astellas & Optimer Pharmaceuticals- Feb 7 2011

CHAPTER 3 – LEADING ANTIBIOTICS DEALS

3.1. Introduction
3.2. Top antibiotics deals by value

CHAPTER 4 – BIG PHARMA ANTIBIOTICS DEALS

4.1. Introduction
4.2. How to use big pharma antibiotics partnering deals
4.3. Big pharma antibiotics partnering company profiles
  Abbott
  Actavis
  Astellas
  AstraZeneca
  Bayer
  Eli Lilly
  Forest Laboratories
  Galderma
  Gilead Sciences
  GlaxoSmithKline
  Johnson & Johnson
  Novartis
  Pfizer
  Roche
  Sanofi
  Shionogi
  Teva
  Valeant
  Warner Chilcott

CHAPTER 5 – BIG BIOTECH ANTIBIOTICS DEALS

5.1. Introduction
5.2. How to use big biotech partnering deals
5.3. Big biotech antibiotics partnering company profiles
  Biocon
  Cubist
  Emergent BioSolutions
  Galapagos
  Optimer
  Swedish Orphan Biovitrum
  The Medicines Company
  ViroPharma

CHAPTER 6 – ANTIBIOTICS PARTNERING CONTRACTS DIRECTORY

6.1. Introduction
6.2. Company A-Z
  Achaogen
  Anacor Pharmaceuticals
  ARK Diagnostics
  Astellas Pharma
  Basilea Pharmaceutica
  Bayer
  Biocon
  Biomedical Advanced Research and Development Authority
  Calixa Therapeutics
  Colorado State University
  Cornerstone Therapeutics
  Cubist Pharmaceuticals
  CUBRC
  Defense Threat Reduction Agency
  Department of Health and Human Services
  Dipexium Pharmaceuticals
  Enanta Pharmaceuticals
  Genzyme
  GlaxoSmithKline
  Intrexon
  Melinta Therapeutics
  National Institute of Allergy and Infectious Diseases
  Optimer Pharmaceuticals
  Oragenics
  Oscient Pharmaceuticals
  Patheon
  Polypeptide Laboratory
  Prev AbR
  RRD International
  Sanofi
  Synthetic Biologics
  Tetraphase Pharmaceuticals
  Teva Pharmaceutical Industries
  Texas A&M University
  The Regents of the University of California
  Trius Therapeutics
  University of California Berkeley
  University of Florida Research Foundation
  University of Washington
  Viropharma
6.3. By deal type
  Asset purchase
  Co-development
  Collaborative R&D
  Contract service
  Co-promotion
  Development
  Distribution
  Equity purchase
  Grant
  Licensing
  Manufacturing
  Manufacturing - OEM
  Marketing
  Option
  Research
  Settlement
  Supply
  Termination
6.4. By stage of development
  Discovery
  Preclinical
  Phase I
  Phase II
  Phase III
  Regulatory
  Marketed
6.5. By therapy area
  Dental
  Dermatology
  Gastrointestinal
  Infectives
  Pediatrics
  Respiratory

CHAPTER 7 – ANTIBIOTICS DEALMAKING BY TECHNOLOGY TYPE

7.1. Introduction
7.2. Deals by antibiotics type
  Antibiotics

APPENDICES

Appendix 1- Antibiotics deals directory by company A-Z
Appendix 2- Antibiotics deals directory by stage of development
Appendix 3- Antibiotics deals directory by deal type
Appendix 4- Antibiotics deals directory by therapy area
Appendix 5 – Antibiotics partnering resource center
  Online antibiotics partnering
Appendix 6 – Antibiotics partnering events
  Further reading on antibiotics dealmaking

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TABLE OF FIGURES

Figure 1: Antibiotics partnering since 2009
Figure 2: Big pharma – top 50 – antibiotics deals 2009-2014
Figure 3: Big pharma antibiotics deal frequency – 2009 to 2014
Figure 4: Big biotech – top 50 – antibiotics deals 2009-2014
Figure 5: Big biotech antibiotics deal frequency – 2009 to 2014
Figure 6: Active antibiotics dealmaking activity– 2009 to 2014
Figure 7: Antibiotics partnering by deal type since 2009
Figure 8: Antibiotics partnering by disease type since 2009
Figure 9: Antibiotics partnering by technology type since 2009
Figure 10: Antibiotics partnering by stage of development type
Figure 11: Antibiotics deals with a headline value
Figure 12: Antibiotics deal headline value distribution, US$million – discovery stage
Figure 13: Antibiotics deal headline value distribution, US$million – preclinical stage
Figure 14: Antibiotics deal headline value distribution, US$million – phase I stage
Figure 15: Antibiotics deal headline value distribution, US$million – phase II stage
Figure 16: Antibiotics deal headline value distribution, US$million – phase III stage
Figure 17: Antibiotics deal headline value distribution, US$million – regulatory stage
Figure 18: Antibiotics deal headline value distribution, US$million – marketed stage
Figure 19: Summary median headline value by stage of development, 2009-2014
Figure 20: Antibiotics deals with upfront payment values
Figure 21: Antibiotics deal upfront payment distribution, US$million – discovery stage
Figure 22: Antibiotics deal upfront payment distribution, US$million – preclinical stage
Figure 23: Antibiotics deal upfront payment distribution, US$million – phase I stage
Figure 24: Antibiotics deal upfront payment distribution, US$million – phase II stage
Figure 25: Antibiotics deal upfront payment distribution, US$million – phase III stage
Figure 26: Antibiotics deal upfront payment distribution, US$million – regulatory stage
Figure 27: Antibiotics deal upfront payment distribution, US$million – marketed stage
Figure 28: Summary median upfront payments by stage of development, 2009-2014
Figure 29: Antibiotics deals with milestone payments
Figure 30: Antibiotics deal milestone distribution, US$million – discovery stage
Figure 31: Antibiotics deal milestone distribution, US$million – preclinical stage
Figure 32: Antibiotics deal milestone distribution, US$million – phase I stage
Figure 33: Antibiotics deal milestone distribution, US$million – phase II stage
Figure 34: Antibiotics deal milestone distribution, US$million – phase III stage
Figure 35: Antibiotics deal milestone distribution, US$million – regulatory stage
Figure 36: Antibiotics deal milestone distribution, US$million – marketed stage
Figure 37: Antibiotics deals with royalty rates, %
Figure 38: Antibiotics deal royalty rate distribution, US$million – discovery stage
Figure 39: Antibiotics deal royalty rate distribution, US$million – preclinical stage
Figure 40: Antibiotics deal royalty rate distribution, US$million – phase I stage
Figure 41: Antibiotics deal royalty rate distribution, US$million – phase II stage
Figure 42: Antibiotics deal royalty rate distribution, US$million – phase III stage
Figure 43: Antibiotics deal royalty rate distribution, US$million – regulatory stage
Figure 44: Antibiotics deal royalty rate distribution, US$million – marketed stage
Figure 45: Summary median royalty rate by stage of development, 2009-2014
Figure 46: Components of the typical antibiotics deal structure
Figure 47: Top antibiotics deals by value since 2009
Figure 48: Online partnering resources
Figure 49: Forthcoming partnering events
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