Discovery Stage Partnering Terms and Agreements in Pharma and Biotech
2nd edition
| Product Code | CTP00106 |
| Publication Date | June 2010 |
| Publisher | CurrentPartnering |
| Product Type | Report |
| Pages | 411 |
| ISBN Number | not applicable |
Discovery Stage Partnering Terms and Agreements in Pharma and Biotech
2nd edition
Welcome to the Discovery Stage Partnering Terms and Agreements in Pharma and Biotech report.
The report provides a detailed understanding and analysis of how and why companies enter discovery stage licensing/business development and other forms of partnering arrangement.
The focus of the report is on partnerships for discovery technologies and discovery stage compounds where partners have joined forces to exploit these early stage opportunities. This is the earliest stage of partnering undertaken by commercial entities with the objective of utilizing discovery technologies to identify promising drug candidates.
The report provides access to average discovery stage deal payment terms as announced between the parties. This data provides useful insight into the average and range of payments for upfront, milestone and royalty payments agreed for discovery stage deals.
This report complements our other development stage agreement in biopharma reports which cover Preclinical Stage Agreements and Clinical Stage Agreements in Biopharma
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 1,500 links to online copies of actual clinical stage partnering contract documents as submitted to the Securities Exchange Commission by biopharma 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.
For example, analyzing actual company agreements allows assessment of the following:
o What are the precise rights granted?
o What is actually granted by the agreement to the partner company?
o What exclusivity is granted?
o What is the payment structure for the deal?
o How do milestone align with clinical stage development phases?
o How are sales and payments audited?
o What is the deal term?
o How are the key terms of the agreement defined?
o How are IPRs handled and owned?
o Who is responsible for commercialization?
o Who is responsible for development, supply, and manufacture?
o How is confidentiality and publication managed?
o How are disputes to be resolved?
o Under what conditions can the deal be terminated?
o What happens when there is a change of ownership?
o What sublicensing and subcontracting provisions have been agreed?
o Which boilerplate clauses does the company insist upon?
o Which boilerplate clauses appear to differ from partner to partner or deal type to deal type?
o Which jurisdiction does the company insist upon for agreement law?
The initial chapters of this report provide an orientation of discovery stage dealmaking and business activities. Chapter 1 provides an introduction to the report, whilst chapter 2 provides an analysis of the trends in discovery stage partnering as well as a discussion on the merits and attributes of dealmaking at the discovery stage of development.
Chapter 3 provides an overview of the structure of discovery stage partnering deal contracts. The chapter includes numerous case studies to enable understanding of discovery stage partnering deals.
Chapter 4 provides a review of the leading discovery stage partnering deals since 2000. 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 5 provides a comprehensive listing of the top 50 bigpharma companies with a brief summary followed by a comprehensive listing of discovery stage contract documents available in the public domain.
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 listing of all discovery stage agreement contracts since 2003 available in the public domain, respectively. Each chapter is organized by company A-Z, therapeutic area, and deal type. Each deal title links via Weblink to an online version of the actual 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 discovery stage dealmaking since 2000.
In conclusion, this report provides everything a prospective dealmaker needs to know about discovery stage partnering, enabling thorough learning, education and due diligence prior and during the discovery stage dealmaking process.
Key benefits
Discovery Stage Partnering Terms and Agreements in Pharma and Biotech provides the reader with the following key benefits:
- • In-depth understanding of discovery stage partnering deal trends since 2000
- • Analysis of the structure of discovery stage partnering agreements with numerous real life case studies
- • Comprehensive access to over 1,500 actual discovery stage partnering contracts entered into by the world’s biopharma companies
- • Detailed access to actual discovery stage partnering contracts enter into by the leading fifty bigpharma companies
- • Insight into the payment and deal terms included in a discovery stage partnering agreement, together with real world clause examples
- • Understand the key deal terms companies have agreed in previous deals
- • Undertake due diligence to assess suitability of your proposed deal terms for partner companies
Report scope
Discovery Stage Partnering Terms and Agreements in Pharma and Biotech is intended to provide the reader with an in-depth understanding of the discovery stage partnering trends and structure of deals entered into by leading biopharma companies worldwide.
Discovery Stage Partnering Terms and Agreements in Pharma and Biotech includes:
o Trends in discovery stage partnering dealmaking in the biopharma industry since 2000
o Analysis of discovery stage partnering deal structure
o Average payment terms for discovery stage deals
o Case studies of real-life discovery stage partnering deals
o Access to over 1,500 discovery stage partnering contract documents
o The leading discovery stage partnering deals by value since 2000
o Most active discovery stage partnering dealmakers since 2000
o The leading discovery stage partnering resources
In Discovery Stage Partnering Terms and Agreements in Pharma and Biotech, the available contracts are listed by:
o Company A-Z
o Headline value
o Therapeutic area
o Deal type
Each deal title links via Weblink to an online version of the actual contract document, providing easy access to each contract document on demand.
The Discovery Stage Partnering Terms and Agreements in Pharma and Biotech report provides comprehensive access to available contract documents for over 1,500 discovery stage partnering deals.
Analyzing actual contract agreements allows assessment of the following:
o What are the precise rights granted or optioned?
o What is actually granted by the agreement to the partner company?
o What exclusivity is granted?
o What is the payment structure for the deal?
o How do milestone align with clinical stage development phases?
o How are sales and payments audited?
o What is the deal term?
o How are the key terms of the agreement defined?
o How are IPRs handled and owned?
o Who is responsible for commercialization?
o Who is responsible for development, supply, and manufacture?
o How is confidentiality and publication managed?
o How are disputes to be resolved?
o Under what conditions can the deal be terminated?
o What happens when there is a change of ownership?
o What sublicensing and subcontracting provisions have been agreed?
o Which boilerplate clauses does the company insist upon?
o Which boilerplate clauses appear to differ from partner to partner or deal type to deal type?
o Which jurisdiction does the company insist upon for agreement law?
Contents
Executive Summary
Chapter 1 – Introduction
Chapter 2 – Trends in discovery stage dealmaking
2.1. Introduction
2.2. Difference between discovery technologies and discovery compound deals
2.2.1. Trends in discovery stage deals since 2000
2.2.2. Upfront payments in discovery stage deals
2.2.3. Milestone payments in discovery stage deals
2.2.4. Royalty payments in discovery stage deals
2.2.5. Attributes of discovery stage deals
2.3. Reasons for entering into discovery stage partnering deals
2.3.1. Licensors reasons for entering discovery stage deals
2.3.2. Licensees reasons for entering discovery stage deals
2.4. Components of discovery stage deals
2.5. Therapeutic focus of discovery stage deals
2.5.1. Oncology discovery dealmaking
2.5.2. CNS discovery dealmaking
2.5.3. Infectious discovery dealmaking
2.5.4. Autoimmune/Inflammatory discovery dealmaking
2.6. Technology focus of discovery deals
2.7. The future of discovery stage partnering deals
Chapter 3 – Overview of discovery stage deal structure
3.1. Introduction
3.2. The anatomy of a discovery stage deal
3.2.1. Example discovery stage agreements
3.2.1.a. Case study 1: Celgene – Array Biopharma – September 2007
3.2.1.b. Case study 2: GlaxoSmithKline - Targacept – July 2007
3.3. Typical discovery stage payment terms
3.3.1. Headline deal values
3.3.2. Upfront payments
3.3.3. Milestone payments
3.3.4. Royalties
Chapter 4 – Leading discovery stage deals
4.1. Introduction
4.2. Top discovery stage deals by value
4.3. Top discovery stage deals signed by bigpharma
4.4. Most active discovery stage dealmakers
4.5. Bigpharma discovery stage deal activity
Chapter 5 – Bigpharma discovery stage partnering agreements
5.1. Introduction
5.2. How to use discovery stage partnering agreements
5.3. Company discovery stage partnering agreement listings
Abbott
Actavis
Alcon Labs
Allergan
Amgen
Amgen
Astellas
AstraZeneca
Baxter
Bayer
Biogen Idec
Boehringer Ingelheim
Bristol-Myers Squibb
Cephalon
Chugai
CSL
Daiichi Sankyo
Dainippon Sumitomo
Eisai
Eli Lilly
Forest Laboratories
Genentech
Genzyme
Gilead Sciences
GlaxoSmithKline
Hospira
Johnson & Johnson
Lundbeck
Menarini
Merck & Co
Merck – Serono
Mitsubishi
Mylan
Novartis
Novo Nordisk
Nycomed Pharma
Otsuka
Pfizer
Procter & Gamble
Ratiopharm
Roche
Sanofi-Aventis
Schering Plough
Servier
Shire
Solvay
Takeda
Teva
UCB
Watson
Chapter 6 – Discovery partnering agreement directory 2003-mid 2010
6.1. Introduction
6.2. Company A-Z
6.3. By therapy area
Accident/Hospital/Trauma
Blood/Lymphatic System
Cardiovascular
Central nervous System
Dermatology
Gastrointestinal
Genitourinary
Autoimmune/Inflammatory
Infection
Metabolism
Musculoskeletal
Oncology
Respiratory
Sensory Organ / Oral Health
Delivery
6.4. By deal type
Collaborative R&D
Co-development
Co-marketing
Co-promotion
Development
Distribution
Joint venture
Licensing
M&A and asset purchase
Manufacturing
Marketing
Promotion
Research
Supply
Appendices
Appendix 1 – Discovery stage partnering references
Appendix 2 – Resources
Appendix 3 – Deal type definitions
Appendix 3 – Deal type definitions
Appendix 4 – Example discovery stage partnering contract
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Table of figures
Figure 1: Definition of discovery technology and discovery compound dealmaking
Figure 2: Trends in discovery stage deal announcements, 2000-2009
Figure 3: Upfront payments for discovery stage deals 2000-2009
Figure 4: Milestone payments for discovery stage deals 2000-2009
Figure 5: Royalty payments for discovery stage deals 2000-2009
Figure 6: Frequency of deal components in discovery stage deals – 2003 to 2009
Figure 7: Discovery stage deals by therapy focus – 2003 – 2009
Figure 8: Frequency of oncology discovery dealmaking 2003-2009
Figure 9: Primary discovery stage oncology dealmakers
Figure 10: Frequency of CNS discovery dealmaking 2003-2009
Figure 11: Primary discovery stage CNS dealmakers
Figure 12: Frequency of infectious discovery dealmaking 2003-2009
Figure 13: Primary discovery stage infectious dealmakers
Figure 14: Frequency of autoimmune/inflammatory discovery dealmaking 2003-2009
Figure 15: Primary discovery stage autoimmune/inflammatory dealmakers
Figure 16: Technology focus for discovery deals 2003-mid2008
Figure 17: Components of the discovery deal structure
Figure 18: Discovery stage average payment terms
Figure 19: Top discovery stage deals by value since 2003
Figure 20: Bigpharma – top 50 – discovery stage deals since 2003
Figure 21: Most active discovery stage dealmakers 2003-early 2010
Figure 22: Bigpharma – top 50 – discovery stage deals since 2003
Figure 23: Online partnering resources
Figure 24: Deal type definitions
Figure 25: Partnering agreement between Dart Therapeutics and CombinatoRx – November 2007