Partnering Agreements In Diagnostics

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

There are also a significant number of late stage and marketed diagnostic product partnering deals announced each year, where the licensor is seeking a partner to manufacture, supply, market, distribute or co-promote the product to enhance market coverage. This is particularly prevalent in diagnostics as partners often rely on diagnostic specialists to manufacture, distribute and supply products to the market.

A relatively unique characteristic of diagnostic partnering is the amount of acquisition activity relative to the total number of partnering deals, especially in recent years. It would appear that many biopharma companies have sought to acquire rather than partner diagnostic intellectual property, providing access to ready-made development expertise.

Another unique characteristic of diagnostic partnering is the number of litigation and settlement agreements relative to the total number of partnering deals.

This report provides details of the latest diagnostics agreements announced in the healthcare sectors.

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 a comprehensive listing of all diagnostics partnering contract agreements announced since 2003 including financial terms plus over 500 links to online copies of actual diagnostic 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.

For example, analyzing actual company agreements allows assessment of the following:
o What is actually granted by the agreement to the partner company?
o What exclusivity is granted?
o What are the precise co-promotion and co-marketing rights granted or optioned?
o What is the payment structure for the deal?
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 diagnostic dealmaking and business activities.

Chapter 1 provides an introduction to the report, whilst chapter 2 provides an overview of diagnostic dealmaking since 2000. The chapter includes numerous case studies to enable understanding of diagnostic dealmaking.

Chapter 3 provides an overview of the trends in diagnostic dealmaking since 2000.

Chapter 4 provides a review of the leading diagnostic 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 diagnostic 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 diagnostic partnering deals signed and announced since 2003, where a contract document is available in the public domain. The chapter is organized by company A-Z, stage of development at signing, deal type (collaborative R&D, co-promotion, licensing etc), and specific therapy focus. 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 diagnostic partnering and dealmaking since 2000.

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