pharmaceuticals

overview representative matters publications & presentations

The pharmaceutical sector is a unique and challenging one that meets at the crossroads of business and science. Drugs can take many years and millions of dollars in research and development costs to bring to market. Intellectual property rights are fiercely enforced and competition is intense. And regulation is rigorous, complex and prone to unexpected shifts.

While challenging, the pharmaceutical business can be equally rewarding. Companies that develop breakthrough drugs are granted a period of patent protection, which differs from one jurisdiction to the next, while generic drug companies are becoming more aggressive at filing and defending their own patents in the market. But regulation and other hurdles can cut deep into that protection period.

McMillan's Life Sciences Industry Group is made up of lawyers who understand the process of developing, testing and marketing pharmaceutical products. Our lawyers combine a thorough knowledge of the applicable laws and regulations with a passion for helping clients bring life-saving and life-enhancing drugs to market.

We count some of the world's leading pharmaceutical manufacturers among our clients. We also work with drug wholesalers and delivery companies, retailers, research organizations, veterinary product companies, investors, and others who touch this important industry.

McMillan professionals help clients lead by:

Advising on patent and trademark matters
Representing them in intellectual property litigation
Assisting with mergers, acquisitions and divestitures
Structuring financing arrangements through private equity, public markets and venture capital
Advising on drug pricing and reimbursement strategies
Assisting with regulatory approvals
Drafting clinical trial, licensing and collaboration, and supply, manufacturing and distribution agreements
Advising on labelling, advertising and distribution matters
Representing them in product liability litigation and class actions
Advising on tax matters including research and development credits, and transfer pricing

Acting for Amorfix Life Sciences Ltd. in private placements of 2,750,000 common shares and 2,750,000 warrants of Amorfix, for total proceeds of $850,000
Acting for Sirona Biochem Corp. in private placements of 17,995,000 common shares and 17,995,000 warrants of Sirona, for total proceeds of $1,799,500
Advising drug manufacturers and wholesalers in connection with the distribution of pharmaceutical and over-the-counter (OTC) products, including negotiations with hospital buying groups and compliance with provincial marketing laws
Advising the promoter of a retail pharmaceutical banner store system on all legal and regulatory issues relevant to its operations and the operation of its banner program
Advising a global pharmaceutical company with respect to its clinical trial program
Advising on a reverse take-over of a TSX-listed biotechnology company
Advising TSX and TSXV-listed life sciences corporations on equity issuances and other financing and merger and acquisition transactions
Advising a global company with respect to the acquisition of a genetic marker business
Advising on the operation of a home health care business and high-end prescription drug support services
Advising on the operation of retail pharmacies and private label brand pharmaceutical products
Advising innovative pharmaceutical companies with respect to the acquisition, sale and outsourcing of their businesses
Negotiating "in" and "out" license and distribution agreements for prescription and OTC products
Advising on start-up financing and licensing transactions with options to purchase technology relating to biodiesel fuel
Advising on the purchase of patents and related transactions for multi-fund purchase of convertible debenture and warrants
Advising a consortium of funds on its multimillion dollar subscription for shares of a biotech corporation
Advising on the purchase of a genetics/feed business from a research facility
Advising a hospital in connection with the negotiation and development of a license agreement for biological response modifier technology to a newly-formed research and development corporation
Advising on the proposed acquisition of a proteomics research and development company, including the negotiation and development of acquisition, consulting, option and escrow agreements
Advising a non-profit health care organizations in connection with the negotiation of licensing agreements for the development and commercialization of research-originated inventions
Developing an updated inventions policy for a non-profit health care organization, dealing with rights and obligations regarding researcher-originated inventions