beyond the business plan - managing unexpected risks in biotechnology business development

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Beyond the Business Plan Beyond the Business Plan To accompany To accompany Building Biotechnology Building Biotechnology ISBN 9780973467666 ISBN 9780973467666 Relevant pages are Relevant pages are cited within cited within presentation presentation Type CTRL-L to toggle Type CTRL-L to toggle fullscreen view fullscreen view Presentation starts Presentation starts on next page on next page For more information: Yali Friedman, Ph.D. [email protected] www.BuildingBiotechnology.com

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An case-based overview of unexpected risks encountered in biotechnology entrepreneurship, and guidance on developing business plans to accommodate these risks.

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Page 1: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Beyond the Business PlanBeyond the Business Plan

• To accompany To accompany Building Biotechnology Building Biotechnology ISBN 9780973467666ISBN 9780973467666

• Relevant pages are cited Relevant pages are cited within presentationwithin presentation

• Type CTRL-L to toggle Type CTRL-L to toggle fullscreen viewfullscreen view

Presentation startsPresentation startson next pageon next page

For more information:Yali Friedman, Ph.D.

[email protected]

Page 2: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Beyond the Business Beyond the Business PlanPlan

Managing unexpected risks in Managing unexpected risks in biotechnology business developmentbiotechnology business development

Yali Friedman, Ph.D. – [email protected]

Page 3: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Beyond the Business PlanBeyond the Business Plan

A good business plan will define company A good business plan will define company objectives and the path to achieving objectives and the path to achieving

them,them,

but...but...

How do you deal with unexpected risk?How do you deal with unexpected risk?

Page 4: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Business risksBusiness risksBusiness risksBusiness risks

Reaching markets• Freedom to operate• Manufacturing problems

Post-launch• If you build it, they might not come• Market size estimates• Off label-use

General management• With partners like these, who needs

competitors?• Shareholder / board activism

Reaching markets• Freedom to operate• Manufacturing problems

Post-launch• If you build it, they might not come• Market size estimates• Off label-use

General management• With partners like these, who needs

competitors?• Shareholder / board activism

Page 5: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Freedom to operateFreedom to operate

Do other’s patents restrict your business?Do other’s patents restrict your business?• Upstream patents may impede your ability to practice your Upstream patents may impede your ability to practice your

invention, or prevent customers from using itinvention, or prevent customers from using it• E.g. patents on drug formulation or on technology required to use a E.g. patents on drug formulation or on technology required to use a

drug/medical devicedrug/medical device

• Blocking patents may restrict which markets you can serveBlocking patents may restrict which markets you can serve• E.g. patents for specific applicationsE.g. patents for specific applications

What are your options?What are your options?• Design around patentsDesign around patents• License patentsLicense patents• Challenge patentsChallenge patents• Wait for patents to expireWait for patents to expire

BUILDING BIOTECHNOLOGY Chp 7, p. 267

Page 6: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Amgen v. Transkaryotic: Amgen v. Transkaryotic:

Amgen’s EpogenAmgen’s Epogen• First billion-dollar biotechnology drugFirst billion-dollar biotechnology drug• Produced by introducing human genes into hamster cellsProduced by introducing human genes into hamster cells

Transkaryotic Therapies’ Transkaryotic Therapies’ (since acquired by Shire)(since acquired by Shire) Dynepo Dynepo• Stimulates expression of the existing erythropoietin gene Stimulates expression of the existing erythropoietin gene

in cultured human cellsin cultured human cells

Strategic patentingStrategic patenting• Amgen convinces court that Dynepo infringes on Epogen Amgen convinces court that Dynepo infringes on Epogen

patentspatents

BUILDING BIOTECHNOLOGY p. 120

Page 7: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Monsanto hit by submarine patentMonsanto hit by submarine patent

BST (bovine somatotropin)BST (bovine somatotropin)• Increases milk production in cows by 8 to 12 pounds a dayIncreases milk production in cows by 8 to 12 pounds a day

University of California obtains BST patents in 2001 and 2003University of California obtains BST patents in 2001 and 2003

• Patents filed in 1990, based on patents dating back to 1980Patents filed in 1990, based on patents dating back to 1980• Patents describe DNA sequence coding for BST and an expression Patents describe DNA sequence coding for BST and an expression

system to produce the hormone.system to produce the hormone.

• Monsanto introduced BST in 1994Monsanto introduced BST in 1994• Monsanto forced to license patents, or stop selling BSTMonsanto forced to license patents, or stop selling BST

Estimated cost: $185 millionEstimated cost: $185 million

BUILDING BIOTECHNOLOGY p. 126

Page 8: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Manufacturing problemsManufacturing problems

Chiron’s flu vaccine – Chiron’s flu vaccine – It’s your own faultIt’s your own fault• Failure to adequately address contamination problems leads to loss of licenseFailure to adequately address contamination problems leads to loss of license• Far-reaching effects – 50% of U.S. vaccine supply came from Chiron’s plantFar-reaching effects – 50% of U.S. vaccine supply came from Chiron’s plant• Chiron’s stock falls 30%, other companies quickly move in to fill market needChiron’s stock falls 30%, other companies quickly move in to fill market need

Baxter’s heparin – Baxter’s heparin – Someone else did itSomeone else did it• Baxter uses domestic manufacturing partner, who outsources production to Baxter uses domestic manufacturing partner, who outsources production to

ChinaChina• Somewhere along production chain, in apparent case of economic fraud, Somewhere along production chain, in apparent case of economic fraud,

oversulfated chondroitin sulfate substituted for heparinoversulfated chondroitin sulfate substituted for heparin

J&J’s human serum-free Epogen – J&J’s human serum-free Epogen – Blame the governmentBlame the government• EMEA request to eliminate HSA from Eprex (sold as Epogen by Amgen in the EMEA request to eliminate HSA from Eprex (sold as Epogen by Amgen in the

US)US)• Immunogenic responses emerge in Eprex patientsImmunogenic responses emerge in Eprex patients• Five-year, $100 million investigation, discovers that that Polysorbate 80, the Five-year, $100 million investigation, discovers that that Polysorbate 80, the

human serum albumin substitute, was reacting with uncoated rubber stoppers human serum albumin substitute, was reacting with uncoated rubber stoppers used in used in oneone of the drug dosage forms of the drug dosage forms

BUILDING BIOTECHNOLOGY pp. 202, 346-7, 161

Page 9: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

LessonsLessons

IPIP• Be prepared for unexpected patent litigationBe prepared for unexpected patent litigation• Be prepared to challenge the validity of competitor patentsBe prepared to challenge the validity of competitor patents

• A common response to infringement challengesA common response to infringement challenges

• Don’t short-change IP due diligenceDon’t short-change IP due diligence• Have multiple products in developmentHave multiple products in development

ManufacturingManufacturing• Don’t lose your manufacturing licenseDon’t lose your manufacturing license• Don’t lose control of outsourcersDon’t lose control of outsourcers• Buy insuranceBuy insurance

Page 10: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

If you build it, they might not comeIf you build it, they might not come

Biotechnology is, by its nature, Biotechnology is, by its nature,

revolutionary.revolutionary.

Just because something is new Just because something is new oror

based on exotic science, it’s based on exotic science, it’s notnot

guaranteed to sell.guaranteed to sell.

Page 11: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Evacyte: Classic technology pushEvacyte: Classic technology push

Spun out of UT Austin in 2000Spun out of UT Austin in 2000• Commercialize patented method to stretch Commercialize patented method to stretch

cells between two laser beamscells between two laser beams• Assay for cancer detection:Assay for cancer detection:

Healthy cells don’t stretch, cancer cells doHealthy cells don’t stretch, cancer cells do

Perceived primary challengePerceived primary challenge• FDA trials to prove efficacyFDA trials to prove efficacy

Actual primary challengeActual primary challenge• Change the practice of physiciansChange the practice of physicians

• Cell stretchiness was often associated with other signs of Cell stretchiness was often associated with other signs of cancer, cancer, limiting its utility for positive diagnosislimiting its utility for positive diagnosis

• In the absence of stretching but presence of other indicators of In the absence of stretching but presence of other indicators of cancer, oncologists would still treat for cancercancer, oncologists would still treat for cancer

Where’s the value?Where’s the value?

BUILDING BIOTECHNOLOGY pp. 264-265

Page 12: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Calgene’s Flavr Savr tomatoCalgene’s Flavr Savr tomato

Produce a novel tomato product that can be sold at a premium Produce a novel tomato product that can be sold at a premium priceprice

Most tomatoes are gas-ripenedMost tomatoes are gas-ripened• Picked while green Picked while green • Sprayed with ethylene to ‘ripen’ prior to saleSprayed with ethylene to ‘ripen’ prior to sale• Result is bright red but tasteless tomatoesResult is bright red but tasteless tomatoes

Vine-ripened tomatoes sell for a premiumVine-ripened tomatoes sell for a premium• Tastier than gas-ripened tomatoesTastier than gas-ripened tomatoes• Cost more to deliver to market, have shorter shelf-lives, limited availabilityCost more to deliver to market, have shorter shelf-lives, limited availability

Polygluconase enzyme was associated with ripening in 1984Polygluconase enzyme was associated with ripening in 1984• Highly expressed in red tomatoes, absent in green tomatoesHighly expressed in red tomatoes, absent in green tomatoes• Calgene set out to reduce expression of polygluconase to delay ripeningCalgene set out to reduce expression of polygluconase to delay ripening

Goal: Produce tomatoes that can be transported like gas-ripened Goal: Produce tomatoes that can be transported like gas-ripened tomatoes tomatoes

but are worthy of vine-ripened pricesbut are worthy of vine-ripened prices

Produce a novel tomato product that can be sold at a premium Produce a novel tomato product that can be sold at a premium priceprice

Most tomatoes are gas-ripenedMost tomatoes are gas-ripened• Picked while green Picked while green • Sprayed with ethylene to ‘ripen’ prior to saleSprayed with ethylene to ‘ripen’ prior to sale• Result is bright red but tasteless tomatoesResult is bright red but tasteless tomatoes

Vine-ripened tomatoes sell for a premiumVine-ripened tomatoes sell for a premium• Tastier than gas-ripened tomatoesTastier than gas-ripened tomatoes• Cost more to deliver to market, have shorter shelf-lives, limited availabilityCost more to deliver to market, have shorter shelf-lives, limited availability

Polygluconase enzyme was associated with ripening in 1984Polygluconase enzyme was associated with ripening in 1984• Highly expressed in red tomatoes, absent in green tomatoesHighly expressed in red tomatoes, absent in green tomatoes• Calgene set out to reduce expression of polygluconase to delay ripeningCalgene set out to reduce expression of polygluconase to delay ripening

Goal: Produce tomatoes that can be transported like gas-ripened Goal: Produce tomatoes that can be transported like gas-ripened tomatoes tomatoes

but are worthy of vine-ripened pricesbut are worthy of vine-ripened prices

BUILDING BIOTECHNOLOGY p. 326

Page 13: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Path to developmentPath to developmentPath to developmentPath to development

Isolate PG gene and generate antisense tomatoesIsolate PG gene and generate antisense tomatoes

Develop assay for ripeningDevelop assay for ripening• Flavr Savr tomatoes spoiled slower than wild tomatoes at room Flavr Savr tomatoes spoiled slower than wild tomatoes at room

temperaturetemperature• 1 lb weight and timer to measure firmness1 lb weight and timer to measure firmness

Field testField test• Flavr Savr tomatoes ripened as fast as wild tomatoes, rotted slowerFlavr Savr tomatoes ripened as fast as wild tomatoes, rotted slower

File PatentsFile Patents

Solicit FDA ApprovalSolicit FDA Approval• Demonstrate that Flavr Savr tomatoes do not pose a health riskDemonstrate that Flavr Savr tomatoes do not pose a health risk

Isolate PG gene and generate antisense tomatoesIsolate PG gene and generate antisense tomatoes

Develop assay for ripeningDevelop assay for ripening• Flavr Savr tomatoes spoiled slower than wild tomatoes at room Flavr Savr tomatoes spoiled slower than wild tomatoes at room

temperaturetemperature• 1 lb weight and timer to measure firmness1 lb weight and timer to measure firmness

Field testField test• Flavr Savr tomatoes ripened as fast as wild tomatoes, rotted slowerFlavr Savr tomatoes ripened as fast as wild tomatoes, rotted slower

File PatentsFile Patents

Solicit FDA ApprovalSolicit FDA Approval• Demonstrate that Flavr Savr tomatoes do not pose a health riskDemonstrate that Flavr Savr tomatoes do not pose a health risk

Page 14: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Market launchMarket launch

Taste of Flavr Savr tomatoes not as good as competing Taste of Flavr Savr tomatoes not as good as competing premiumspremiums• Flavr Savr gene was not introduced into premium tomato varietiesFlavr Savr gene was not introduced into premium tomato varieties

Flavr Savr tomatoes could not withstand shippingFlavr Savr tomatoes could not withstand shipping• Firmer than vine-ripened, but not as durable as green tomatoesFirmer than vine-ripened, but not as durable as green tomatoes

General lack of expertise in the fresh-tomato businessGeneral lack of expertise in the fresh-tomato business• Product pulled from marketProduct pulled from market

Flavr Savr tomatoes had marginal added value; Flavr Savr tomatoes had marginal added value; could not be sold at a profitcould not be sold at a profit

Taste of Flavr Savr tomatoes not as good as competing Taste of Flavr Savr tomatoes not as good as competing premiumspremiums• Flavr Savr gene was not introduced into premium tomato varietiesFlavr Savr gene was not introduced into premium tomato varieties

Flavr Savr tomatoes could not withstand shippingFlavr Savr tomatoes could not withstand shipping• Firmer than vine-ripened, but not as durable as green tomatoesFirmer than vine-ripened, but not as durable as green tomatoes

General lack of expertise in the fresh-tomato businessGeneral lack of expertise in the fresh-tomato business• Product pulled from marketProduct pulled from market

Flavr Savr tomatoes had marginal added value; Flavr Savr tomatoes had marginal added value; could not be sold at a profitcould not be sold at a profit

Page 15: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Why do companies aim for empty Why do companies aim for empty markets?markets?

HaveHave• Potent technologiesPotent technologies

WantWant• FundingFunding

SellSell• Any opportunity you canAny opportunity you can

Genentech’s first product was a throwaway Genentech’s first product was a throwaway neurotransmitter, but it proved their technologyneurotransmitter, but it proved their technology

Page 16: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Estimating market sizeEstimating market size

Measuring market size helps:Measuring market size helps:• Attract investors and partnersAttract investors and partners

• Determine royalties and compensationDetermine royalties and compensation

• Determine necessary production capacityDetermine necessary production capacity

• Inform actions to develop internal sales team / Inform actions to develop internal sales team / external partnershipexternal partnership

BUILDING BIOTECHNOLOGY pp 235-239, 273-276

Page 17: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Resolving valuation disagreementsResolving valuation disagreements

Centocor and Schering-Plough disagree on market Centocor and Schering-Plough disagree on market potential for Remicadepotential for Remicade

• First dedicated treatment for Crohn’s diseaseFirst dedicated treatment for Crohn’s disease• Centocor estimates: $1 billion in 10yCentocor estimates: $1 billion in 10y• Shering-Plough estimates: 300mmShering-Plough estimates: 300mm

Compromise:Compromise:• Centocor asks for lower royalty up to $300mm in sales, higher Centocor asks for lower royalty up to $300mm in sales, higher

royalty past $300mmroyalty past $300mm

Result:Result:• Remicade achieves $1.2 billion in sales within 6yRemicade achieves $1.2 billion in sales within 6y• Contract extended, Centocor’s profit share increasedContract extended, Centocor’s profit share increased

BUILDING BIOTECHNOLOGY p 304

Page 18: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Low estimates can be detrimentalLow estimates can be detrimental

Enbrel: Underestimating market sizeEnbrel: Underestimating market size• First-in-class drug for rheumatoid First-in-class drug for rheumatoid

arthritisarthritis• Difficult to assess market size for first-in-class drugsDifficult to assess market size for first-in-class drugs

• Immunex is overly-pessimistic in projecting patient Immunex is overly-pessimistic in projecting patient drop-outdrop-out

Drug sets 24-month sales growth recordDrug sets 24-month sales growth record• Immunex resorts to drug rationingImmunex resorts to drug rationing• Inability to fully leverage drug popularity leads to Inability to fully leverage drug popularity leads to

acquisition by Amgenacquisition by Amgen

BUILDING BIOTECHNOLOGY p 275

Page 19: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

LessonsLessons

Know your marketKnow your market• What painful unmet need are you filling?What painful unmet need are you filling?

Know your market sizeKnow your market size• What assumptions are you making?What assumptions are you making?• Why might your estimates be off?Why might your estimates be off?• What if you’re wrong? What if you’re wrong? • How can you hedge you bets?How can you hedge you bets?

Page 20: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Off-label useOff-label use

Drug companies are not allowed to advocate usage Drug companies are not allowed to advocate usage of drugs for indications which are not FDA of drugs for indications which are not FDA approvedapproved

• But physicians are free to use drugs for any indicationBut physicians are free to use drugs for any indication

UpsideUpside• More salesMore sales

DownsideDownside• Loss of control of pricing, patentsLoss of control of pricing, patents• Potential for side-effects to emerge and prompt market Potential for side-effects to emerge and prompt market

withdrawalwithdrawal

BUILDING BIOTECHNOLOGY pp 148-150

Page 21: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Fen-Phen: Yes, you can be too popularFen-Phen: Yes, you can be too popular

Fen-PhenFen-Phen• FDA-unapproved combination of fenfluramine and FDA-unapproved combination of fenfluramine and

phenterminephentermine• Fenfluramine: approved for Fenfluramine: approved for short-term short-term treatment of obesitytreatment of obesity• Phentermine: member of a class of drugs traditionally used for Phentermine: member of a class of drugs traditionally used for

treatment of morbid obesitytreatment of morbid obesity

• Fen-Phen becomes widely used by weight-loss clinics. Fen-Phen becomes widely used by weight-loss clinics. Fenfluramine sees largest the largest single-year increase Fenfluramine sees largest the largest single-year increase (300%) of any drug in the United States.(300%) of any drug in the United States.

• Following revelation of heart valve problems, fenfluramine Following revelation of heart valve problems, fenfluramine and chemically-similar dexfenfluramine pulled from marketand chemically-similar dexfenfluramine pulled from market

BUILDING BIOTECHNOLOGY p 150

Page 22: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Fentora: Don’t buy our drugFentora: Don’t buy our drug

FentoraFentora• For cancer pain untreatable by regular pain medicinesFor cancer pain untreatable by regular pain medicines

Four deathsFour deaths• Fentora used to treat conditions such as headacheFentora used to treat conditions such as headache

ResponseResponse• Cephalon sends letters to doctors reaffirming that Cephalon sends letters to doctors reaffirming that

Fentora is only to be used for cancer pain that is Fentora is only to be used for cancer pain that is untreatable by regular doses of pain medicinesuntreatable by regular doses of pain medicines

BUILDING BIOTECHNOLOGY p 148

Page 23: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Avastin: Controlling off-label useAvastin: Controlling off-label use

Lucentis and Avastin: Lucentis and Avastin: Monoclonal antibodies produced by GenentechMonoclonal antibodies produced by Genentech• Lucentis ($2,000 per treatment): approved for advanced, age-related Lucentis ($2,000 per treatment): approved for advanced, age-related

macular degeneration (AMD)macular degeneration (AMD)• Avastin ($150 per treatment): approved for colon and other cancers, but Avastin ($150 per treatment): approved for colon and other cancers, but

not for macular degenerationnot for macular degeneration

Doctors widely using Avastin for AMDDoctors widely using Avastin for AMD• Genentech responds by banning Avastin purchases by compounding Genentech responds by banning Avastin purchases by compounding

pharmacies, which repackage it for eye injectionpharmacies, which repackage it for eye injection• Cites FDA concerns regarding the safety and efficacy of drugs from Cites FDA concerns regarding the safety and efficacy of drugs from

compounding pharmaciescompounding pharmacies

Physicians and patients complainPhysicians and patients complain• Many patients may be unable to access vision-saving drugMany patients may be unable to access vision-saving drug• NIH National Eye Institute initiates trial to test efficacy of Avastin for AMDNIH National Eye Institute initiates trial to test efficacy of Avastin for AMD

BUILDING BIOTECHNOLOGY p 282

Page 24: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

LessonsLessons

Monitor prescriptions and patient Monitor prescriptions and patient outcomesoutcomes

Be willing to say no: don’t let markets or Be willing to say no: don’t let markets or greed dictate prescription policygreed dictate prescription policy

Page 25: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Shareholder / board activismShareholder / board activismBUILDING BIOTECHNOLOGY pp. 193-197

Page 26: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Dyadic: Dyadic: Et tu BruteEt tu Brute

Entrepreneur uses shipping arbitrage to dominate landscaping Entrepreneur uses shipping arbitrage to dominate landscaping stone marketstone market

• Wants to diversify, so he sells pumice to Levi’s for stonewashed jeansWants to diversify, so he sells pumice to Levi’s for stonewashed jeans• Emergence of cellulases starts eroding pumice stonewashing marketEmergence of cellulases starts eroding pumice stonewashing market

If someone’s going to put me out of business, it might as well If someone’s going to put me out of business, it might as well be mebe me

• Repeats strategy used to dominate landscaping stone market: find a Repeats strategy used to dominate landscaping stone market: find a cheaper sourcecheaper source

• Forms partnership with Moscow State University to select and Forms partnership with Moscow State University to select and engineerengineerfungi for optimal cellulase activityfungi for optimal cellulase activity

• Creates first fungal mass protein-production systemCreates first fungal mass protein-production system• Starts targeting pharmaceutical applicationsStarts targeting pharmaceutical applications

Attack from withinAttack from within• Financial irregularities with Chinese partnerFinancial irregularities with Chinese partner• Board ousts founderBoard ousts founder

Page 27: Beyond the Business Plan - Managing unexpected risks in biotechnology business development
Page 28: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Shareholder

letter

Page 29: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Founder regains control … of what?Founder regains control … of what?

Page 30: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

MedImmune: Shareholder activismMedImmune: Shareholder activism

Shareholders lack faith in managementShareholders lack faith in management• Believe MedImmune would deliver greater value if Believe MedImmune would deliver greater value if

acquiredacquired• Carl Icahn buys 1.16 % of MedImmune, threatens a Carl Icahn buys 1.16 % of MedImmune, threatens a

proxy-war (backed by other shareholders) to obtain a proxy-war (backed by other shareholders) to obtain a board seat and push for acquisitionboard seat and push for acquisition

• Management relents and seeks acquisitionManagement relents and seeks acquisition

MedImmune reaches agreement to be acquired by MedImmune reaches agreement to be acquired by AstraZeneca for $15 billionAstraZeneca for $15 billion

• Icahn makes $300 millionIcahn makes $300 million

BUILDING BIOTECHNOLOGY pp. 195

Page 31: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

With partners like these, who needs With partners like these, who needs competitorscompetitors

Your technology may workYour technology may work

Your market may be goodYour market may be good

Your execution may be flawlessYour execution may be flawless

but,but,

Watch your back!Watch your back!

Page 32: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Suing the Red CrossSuing the Red Cross

J&J vs. Red CrossJ&J vs. Red Cross• 100 year-old agreement to share “red cross” symbol:100 year-old agreement to share “red cross” symbol:

• J&J uses it for commercial productsJ&J uses it for commercial products• Red Cross uses it for humanitarian missionRed Cross uses it for humanitarian mission

2007: Red Cross licenses symbol for first-aid kits2007: Red Cross licenses symbol for first-aid kits• Trademark law requires owners to actively police their mark or Trademark law requires owners to actively police their mark or

risk losing it (e.g. Bayer no longer owns “aspirin” trademark)risk losing it (e.g. Bayer no longer owns “aspirin” trademark)

J&J sues Red CrossJ&J sues Red Cross• Initial ruling sides with Red CrossInitial ruling sides with Red Cross• J&J withdraws case, loses faceJ&J withdraws case, loses face

BUILDING BIOTECHNOLOGY p 131

Page 33: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

IP disputes with major backersIP disputes with major backers

Sandoz and Ciba Geigy merge to form NovartisSandoz and Ciba Geigy merge to form Novartis• Shelve SPP100 due to inability to profitably manufacture itShelve SPP100 due to inability to profitably manufacture it

Ciba Geigy scientist Alice Huxley forms spin-off to pursue drugCiba Geigy scientist Alice Huxley forms spin-off to pursue drug• Novartis licenses drug with buy-back optionNovartis licenses drug with buy-back option• Becomes major funder, owns 10% of SpeedelBecomes major funder, owns 10% of Speedel

Speedel develops new manufacturing processSpeedel develops new manufacturing process• SPP100 gains FDA approval, launched as TekturnaSPP100 gains FDA approval, launched as Tekturna• First in a new class of drugs for high blood pressureFirst in a new class of drugs for high blood pressure• Novartis charged with using new manufacturing process for other drugs, Novartis charged with using new manufacturing process for other drugs,

without licensewithout license

Solution: Novartis announces plans to buy Speedel for $880mmSolution: Novartis announces plans to buy Speedel for $880mm

BUILDING BIOTECHNOLOGY p 186

Page 34: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Nektar: Running with the big dogsNektar: Running with the big dogs

Insulin market is mature, VERY largeInsulin market is mature, VERY large• Nectar develops inhalable version of insulin. Projected $2-3B annual Nectar develops inhalable version of insulin. Projected $2-3B annual

sales.sales.• After six years of clinical trials, delivery system is approvedAfter six years of clinical trials, delivery system is approved

Need large partner to market drug effectively Need large partner to market drug effectively • Pfizer charged with marketing drug, leveraging their massive sales forcePfizer charged with marketing drug, leveraging their massive sales force

Pfizer gets scaredPfizer gets scared• Long term effects of protein administration via lungs is unknownLong term effects of protein administration via lungs is unknown• Vioxx-like recall could bankrupt PfizerVioxx-like recall could bankrupt Pfizer• Deal with Nektar was made three CEOs agoDeal with Nektar was made three CEOs ago• Pfizer pulls drugPfizer pulls drug

Nectar’s outcomeNectar’s outcome• Learns of Pfizer’s withdrawal Learns of Pfizer’s withdrawal via press releasevia press release• Gets $135mm payoff, pays $38mm to suppliersGets $135mm payoff, pays $38mm to suppliers• 150 staff cut, COO leaves, company to change focus to drug 150 staff cut, COO leaves, company to change focus to drug

developmentdevelopment

BUILDING BIOTECHNOLOGY pp.250-251, 308

Page 35: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

LessonsLessons

Know when to ask for helpKnow when to ask for help• Entrepreneurs are exceedingly good at starting companies,Entrepreneurs are exceedingly good at starting companies,

but they may need professional assistance in running thembut they may need professional assistance in running them

Avoid outsized partnerships or opportunitiesAvoid outsized partnerships or opportunities• Find a compatible partner: Pfizer had much more to lose Find a compatible partner: Pfizer had much more to lose

from a tort suit than from not selling inhalable insulinfrom a tort suit than from not selling inhalable insulin• Contract with Pfizer should have clearly laid out expectations and Contract with Pfizer should have clearly laid out expectations and

included punitive penalties for underperformanceincluded punitive penalties for underperformance

• MedImmune’s enterprise value had outgrown managementMedImmune’s enterprise value had outgrown management

Don’t sue the Red CrossDon’t sue the Red Cross

Page 36: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

The business plan is but the The business plan is but the beginningbeginning

The business plan is but the The business plan is but the beginningbeginning

It is not the planning that is important; it is the planning that makes you able to change it

Dwight D. Eisenhower

Business plan should:•Define framework for operations•Set objectives and milestones

If you don’t know where you’re going, you’ll end up somewhere else – Yogi Berra

•Provide a basis for contingency plans•Remain flexible

It is not the planning that is important; it is the planning that makes you able to change it

Dwight D. Eisenhower

Business plan should:•Define framework for operations•Set objectives and milestones

If you don’t know where you’re going, you’ll end up somewhere else – Yogi Berra

•Provide a basis for contingency plans•Remain flexible

Yali Friedman – [email protected]

Page 37: Beyond the Business Plan - Managing unexpected risks in biotechnology business development

Building Biotechnology on FacebookBuilding Biotechnology on Facebook

Join the Join the Building Biotechnology Building Biotechnology group on Facebook to group on Facebook to ask questions and network with biotechnology ask questions and network with biotechnology

students from other schoolsstudents from other schools

http://www.BuildingBiotechnology.com/supporthttp://www.BuildingBiotechnology.com/support

ororhttp://www.facebook.com/group.php?gid=11590055093http://www.facebook.com/group.php?gid=11590055093