Royalty Licensing Insurrection in Life Sciences

Intellectual Property Magazine
July.19.2021

Orrick’s David Schulman and Alyssa Barnard-Yanni have co-authored an article in Intellectual Property magazine that discusses the recent fallout from the Supreme Court Kimble v Marvel Entertainment decision and how the convergence of globalized technological advances and the use of hybrid licensing may lead to a life sciences royalty licensing insurrection.

Authors

David Schulman Partner, Capital Markets, Mergers & Acquisitions

Washington, D.C.

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D:+1 202 339 8654
E: [email protected]

Practice:

Technology & Innovation Sector
Capital Markets
Mergers & Acquisitions
Technology Companies Group
Technology Transactions

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David Schulman Partner

Washington, D.C.

He provides strategic guidance on transactions involving mergers, acquisitions, collaborations, strategic alliances, licenses, capital markets, royalty and revenue-sharing and other financings for pharmaceutical and biotechnology companies and financial sponsors.

David is highly ranked for his life sciences work by Chambers USA and Chambers Global, with clients recognizing him as “one of the best business and corporate lawyers in the life sciences sector” with “a deep knowledge of the industry, which he successfully combines with great legal skills.” He has also been recognized by The Legal 500 and is listed as a “Life Sciences Star” in LMG Life Sciences.

Prior to joining Orrick, David was a partner with Dechert LLP, based in its Washington, D.C., and London offices and was a co-head of their Life Sciences practice. He is currently a member of the Board of Overseers of the School of Arts and Sciences of the University of Pennsylvania.

Alyssa Barnard-Yanni Senior Associate, Supreme Court & Appellate

New York

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D:+1 212 506 5111
E: [email protected]

Practice:

Supreme Court & Appellate

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Alyssa Barnard-Yanni Senior Associate

New York

Her litigation work spans a wide range of subject areas, from complex commercial litigation to white collar criminal defense.

At the trial level, Alyssa has drafted innumerable dispositive and evidentiary motions, served on criminal defense teams representing individual defendants from indictment through sentencing, and argued in both state and federal trial court. At the appellate level, Alyssa has drafted filings of every stripe--writs of mandamus, petitions for discretionary review, amicus briefs, and of course merits appeals--and presented argument in state and federal courts of appeals. Alyssa also advises clients on thorny issues outside of litigation, ranging from drafting white papers advocating against criminal charges to brainstorming ways to terminate a licensing agreement, and more.

Alyssa maintains an active pro bono practice focusing primarily on criminal law matters. She recently secured reversal of an attempted robbery conviction based on insufficient evidence in the New York Appellate Division. She has represented defendants in state-court appeals and petitioners for habeas relief in federal court; drafted cert- and merits-stage amicus briefs in the Supreme Court case Quarles v. United States; and co-drafted an amicus brief to the Second Circuit urging that failure to advise naturalized citizens of the denaturalization risks of a plea violates the Sixth Amendment.

Alyssa served as a law clerk to Justice Ruth Bader Ginsburg in the October 2019 Term. Before that, she clerked for Judge Alison J. Nathan on the U.S. District Court for the Southern District of New York and Judge Robert A. Katzmann on the U.S. Court of Appeals for the Second Circuit.

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