David A. Charapp is co-chair of the firm's Life Sciences Practice Group and Technology Transactions and Licensing Practice Group. He represents life sciences and technology companies with their critical partnering, licensing and financing transactions, as well as operational agreements such as those for manufacturing and supply, distribution and clinical and pre-clinical research. Mr. Charapp has substantial experience as an in-house attorney, having been associate general counsel for Santarus, Inc., a specialty pharmaceutical company acquired by Salix Pharmaceuticals, Ltd., and Kosan Biosciences Incorporated, a biotechnology company acquired by Bristol-Myers Squibb Company.
In 2013, Mr. Charapp was honored with Lexology's Client Choice Award for Healthcare & Life Sciences in California, and was the overall winner for that category in the United States and Canada. The Lexology Client Choice Awards recognize partners and law firms for outstanding client service, with winners selected based upon in-house and corporate counsel feedback.
In 2010 and 2011, the Legal 500 recognized Mr. Charapp for patent licensing.
Mr. Charapp earned his law degree from Boston College Law School (J.D., magna cum laude, 1997), where he was elected to the Order of the Coif. He is a graduate of the University of North Carolina (B.S., with distinction, 1994).
- Represented Aurigene Discovery Technologies Limited in its collaborative license, development and commercialization agreement with Pierre Fabre Pharmaceuticals for worldwide rights (excluding India) to AUNP12, an immune checkpoint modulator targeting the PD-1 pathway (February 2014).
- Represented Quest Diagnostics in the sale to Royalty Pharma of royalty rights from commercialization of the drug candidate ibrutinib for $485 million (July 2013).
- Represented NovaBay Pharmaceuticals, Inc. in its collaboration and license agreement with Virbac for exclusive worldwide rights to NovaBay's proprietary compound, auriclosene (NVC-422), for global veterinary markets (May 2013).
- Represented Kindstar Diagnostics Co. Ltd. in agreements to obtain rights to various diagnostic tests and technology in China, including agreements with Illumina, Mayo Medical Laboratories, BG Medicine, Pathwork Diagnostics, TessArae, BioView and Singulex (June 2011-May 2013).
- Represented Soligenix, Inc. in its collaboration with Intrexon to develop and commercialize human monoclonal antibody therapies for new biodefense and infectious disease applications for Melioidosis (May 2013).
- Represented Apricus Biosciences, Inc. in its sale of Totect® (dexrazoxane HCl), a marketed injectable treatment for anthracycline extravasation, to Biocodex USA (April 2013).
- Represented Intelligent Medical Devices, Inc. (IMDx) in connection with its development and license agreement with Qiagen to design, develop and manufacture several undisclosed CE-marked and FDA cleared diagnostic tests for use on Qiagen's flagship QIAsymphony RGQ automated platform (January 2013).
- Represented Apricus Biosciences, Inc. in connection with its co-promotion agreement, asset-purchase agreement and assignment agreement with PediatRx relating to the pharmaceutical products Granisol® and Aquoral™ (February 2012).
- Represented Santarus, Inc. in connection with its commercialization agreement with Depomed, Inc. to expand Santarus' commercial, manufacturing and regulatory responsibilities for GLUMETZA® (August 2011).
- Represented Intelligent Medical Devices, Inc. (IMDx) in connection with its agreement with Abbott Laboratories for the design, development and manufacture by IMDx of molecular diagnostic tests to be distributed by Abbott worldwide (January 2011).
- Represented NexMed (U.S.A.), Inc., a wholly owned subsidiary of Apricus Biosciences, Inc., in connection with its license agreement with Ellis Pharmaceuticals for the commercialization of NexMed’s Vitaros® product in the Gulf countries and part of the Middle East (January 2011).
- Represented NexMed (U.S.A.), Inc., a wholly owned subsidiary of Apricus Biosciences, Inc., in connection with its license agreement with Bracco SpA for the commercialization of NexMed’s Vitaros® product in Italy (December 2010).
Areas of Practice
- Corporate Law
- Life Sciences
- Boston College Law School, J.D., magna cum laude, 1997
- Order of the Coif
- University of North Carolina at Chapel Hill, B.S., with distinction, 1994
- Duane Morris LLP
- Partner, 2011-present
- Foley & Lardner LLP
- Special Counsel, 2008-2011
- Santarus, Inc.
- Associate General Counsel, 2007-2008
- Kosan Biosciences Inc.
- Associate General Counsel, 2004-2007
- Heller Ehrman LLP
- Associate, 2000-2004
- Eckert Seamans Cherin & Mellott LLC
- Associate, 1997-2000
- Author, "When Divisional Applications and Continuations Are Not Expressly Included in License Grants," Duane Morris Life Sciences Blog, July 21, 2014
- Author, "License Agreement Diligence Obligations 'Fuly' Met for Fulyzaq®," Duane Morris Life Sciences Blog, June 2, 2014
- Author, "Covenants Not to Sue and Implied "Have Made" Rights; Global Communications v. DirecTV," Duane Morris Life Sciences Blog, March 6, 2014
- Author, "Termination for Breach by "Non-Breaching Party"," Duane Morris Life Sciences Blog, January 24, 2014
- Author, "2013 Life Sciences Deal Data," Duane Morris Life Sciences Blog, January 22, 2014
- Author, "Survival of U.S. License Rights from Bankrupt Foreign Licensors," Duane Morris Life Sciences Blog, January 21, 2014
- Featured in "Duane Morris' Charapp Receives Client Choice Award," San Diego Daily Transcript, March 12, 2013
- Author, "'Who Wants to Be a Millionaire?' Profit-Sharing Verdict Upheld by Ninth Circuit," Duane Morris Alert, January 4, 2013
- Author, "Three Ways To Make Your Next Deal Better, Faster, Cheaper," Law360, October 10, 2012
- Author, "FTC Proposes New HSR Rules for Exclusive Patent Licenses in the Pharmaceutical Industry," Duane Morris Alert, August 15, 2012
- Author, "Second Circuit Says License Agreement No-Challenge Clauses are Unenforceable When Entered into Before Litigation," Duane Morris Alert, July 19, 2012
- Author, "Case Study: PharmAthene v. SIGA," Law360, October 2011
- Author, "The Delaware Chancery Court Awards Share of Profits to Prospective Licensee for Failure by Licensor to Negotiate In Good Faith In PharmAthene v. SIGA Technologies," Foley & Lardner LLP Legal News Alert: Intellectual Property, September 2011
- Author, "Quickly Negotiating Clinical Trial Agreements Around the World," Monitor, April 2009
- Co-author, "PhRMA Introduces Revised Principles on Conduct of Clinical Trials and Communication of Trial Results," Foley & Lardner LLP Legal News Alert: Life Sciences, April 2009
Selected Speaking Engagements
- "The Secrets of Tech Transfer," TiE (The Indus Entrepreneurs) South Coast, September 2013
- "Reimbursement for Subject Injuries in Clinical Trials; How to Avoid an 'Adverse Event' to Your Business," FDAnews Webinar, February 2013
- "Tapping into the Asian Market," 2012 Texas Life Science CEO Summit, Austin, Texas, October 2012
- "Navigating the Contract Maze— How to Structure 'Win-Win' Contracts to Optimize Your Commercial Success," BIOCOM Reimbursement and Market Access Series, San Diego, April 2012
- "How to Prepare for Seed Funding," CONNECT FrameWorks Workshop, San Diego, March 2012
- "Lighting the Way: The Alternative Path to Financing," Foley & Lardner LLP 2011 Life Sciences Conference, San Diego, October 2011
- "Match Making: Identifying Partners, Creative Collaborations and Long-Term Outcomes," Foley & Lardner LLP 2011 Life Sciences Conference, Boston, May 2011
- "Effective Use of Legal Counsel in Business Development," Swiss PLG Winter Conference, Flims, Switzerland, January 2011
- "LSTNOP - Late-Stage Trials, No Partner. Preparing for Commercialization While Simultaneously Talking to Partners," BIO International Convention, Chicago, May 2010
- "License Agreements and Litigation: Protecting Your Assets and Revenue Streams in the High-Tech and Life Sciences Industries;" Foley & Lardner LLP San Diego Breakfast Briefing, January 2010
- "International Patent Exhaustion In the Wake of Quanta v. LG: The Global Impact on Biotechnology & Pharmaceutical Transactions," Licensing & Executives Society (U.S.A. and Canada) Annual Meeting, October 2009
- "Structuring the Business Terms of Technology Transactions," Licensing & Executives Society (U.S.A. and Canada) San Diego Chapter Meeting, October 2009
- "Dissecting a Clinical Trial Agreement," MAGI's Clinical Research Conference - 2009 West, October 2009
- "Life Sciences Opportunities In India and China: From Innovation to Commercialization," Foley & Lardner LLP 2009 Life Sciences Conference, September 2009