Dechert LLP represented BioAlliance Pharma SA (Euronext Paris - BIO), a biopharmaceutical company dedicated to the development of orphan oncology products, in its successful negotiations with Innocutis Holding LLC over the commercialization of Sitavig in North America. Sitavig (acyclovir Lauriad) is an innovative treatment of recurrent labial herpes. Innocutis, based in Charleston, South Carolina, is a pharmaceutical company dedicated to dermatology, with “best-in-class” branded prescription products in skin related therapies.
Innocutis will promote Sitavig to dermatologists and top tier general practitioners alone or with a commercialization partner, allowing coverage of a large panel of patients in the U.S. Product launch in the U.S. is expected as early as early third quarter 2014. Under this agreement, BioAlliance Pharma is entitled to receive a total of US$5 million in upfront and milestones payments. The agreement also includes double-digit royalties, representing significant downstream revenue opportunities. In addition, Innocutis will fund a major portion of the pediatric clinical study required by the FDA, as well as U.S. regulatory payments.
Dechert partner Jonathan Schur led the team representing BioAlliance Pharma SA. He is assisted by partner Muna Abu-Shaar and associates Youjin Choi, Carl Morales and Shirley Wang. Schur commented, "Being able to lead clients through commercial and regulatory issues across multiple borders was key to successfully concluding the negotiations. We had to find appropriate mechanisms to ensure that the entire potential market will be served, by finding the right balance between the interests and resources of the parties."