Fresenius Medical Care
DibbsBarker provides a broad range of advice to leading renal care company, Fresenius Medical Care (FMC). The innovative business model and offerings of this multinational manufacturer and service provider have required DibbsBarker to develop an intimate knowledge of FMC’s products, services and business objectives.
Our team works with FMC in relation to its contracting, intellectual property, business acquisition, property, trade practices, workplace relations compliance and tendering requirements. We have been able to add particular value through our considerable experience in relation to Government tendering processes.
Fresenius looked to DibbsBarker to take on the conduct and ultimate resolution of significant patent proceedings involving complex factual issues and legal issues not previously determined in Australia.
DibbsBarker has enjoyed a long association with this iconic Australian medical products company in the field of sleep disordered breathing.
Over the years our team has worked with ResMed in relation to a broad range of commercial, intellectual property, trade practices, property, business acquisition, funding and compliance issues.
DibbsBarker acted for ResMed in relation to its global syndicated facility, managing the legal relationships between ResMed and its financiers in a variety of jurisdictions.
DibbsBarker recently advised ResMed (listed on both NYSE and ASX) on the Australian aspects of its recent stock split including the coordination of timetables to take into account US and Australian regulatory requirements and applications for waivers of Settlement Rules to take account of the differences in market practice between NYSE and ASX.
Selborne Biological Services
DibbsBarker has been acting for the Selborne biotechnology group of companies for more than six years. With offices in UK, the US and Australia, Selborne is a leading specialist in the production of blood based products, protein fractions, custom polyclonals and other animal related products. It provides services to the pharmaceutical, biotech, diagnostic and veterinary industries.
DibbsBarker has worked closely with Selborne to understand its industry and its manufacturing needs. We have provided commercial advice to assist Selborne in its negotiations with drug manufacturers, pharmaceutical companies and government.
We have provided assistance with Selborne's needs in relation to commercial, licensing, intellectual property, workplace relations, trade practices, property and merger and acquisition matters.
We believe we have added value to Selborne's businesses and enjoy the deepening relationship with our client in this industry.
Acted for a gynaecologist responding to allegations of having poor surgical skills and performing unnecesary operative procedures. The pracitioner was suspended from practice following a Performance Assessment and a review of that Assessment by the NSW Medical Board. We appealed against the suspension to the Medical Tribunal. Shortly before the Tribunal hearing, the Board reconsidered its decision to suspend, revoked the suspension and imposed conditions on practice for the protection of the public. We negotiated more favourable conditions and then successfully obtained an order that the Board pay the practitioner's costs of the appeal to the Tribunal;
Acted for an obstetrician, responding to a claim for failing to diagnose growth retardation in the womb, said to have led to the development of cerebral palsy, intellectual impairment and visual problems. The defence required extensive consideration of obstetric and ultrasound ante-natal practice, and complex issues of causation, life expectancy and damages for a severely disabled child as well as nervous shock claims for parents the the child's siblings. The claim settled at mediation for about one-third of full value and subsequently the Supreme Court approved the settlement in relation to the interests of the child, who was under a legal disability.
Advising Start-up on tender sale of Bionomics investment
In 2010, DibbsBarker advised Start-up Australia Ventures, a specialist venture capital company, on its invitation to tender for the purchase of its 28% stake (currently valued at about $29 million) in listed drug discovery company Bionomics Limited.
This innovative tender offer is being implemented under rarely-used ASIC Regulatory Guide 102, under which the Australian Securities & Investments Commission (ASIC) may exempt tenderers from the takeover provisions that normally limit the acquisition of more than 20% of the voting shares in a company. Effectively, the relief enables a tenderer to submit a tender offer for and, if successful, secure a stake of more than 20% without the requirement for majority shareholder approval so long as it makes a full takeover bid for the company at the tender price immediately after securing the stake, thus protecting the position of other shareholders.
DibbsBarker said this tender process was particularly suited to institutional investors holding significant parcels in small-to-medium listed companies who believe the company’s value is not fully reflected in the share price and seek to realise their investment.
QRxPharma placement and SPP
In late 2010, DibbsBarker worked with listed clinical stage specialty pharmaceutical company QRxPharma on a $20 million placement and share purchase plan. The funds raised will be used for a labelling claim study that will allow QRxPharma to market and advertise claims in Europe and the US for a pain therapy drug.
AtCor Medical placement and rights issue
We assisted AtCor Medical, listed device company whose Sphygmocor® technology measures central blood pressures and arterial stiffness noninvasively, with a $2.4m placement and rights issue. The funds raised will be used as working capital, for product development and to fund costs associated with pursuit of reimbursement in the USA.
Internationalisation of management by BioTech Capital
DibbsBarker acted for Biotech Capital on the internalisation of its management which was completed this month. We drafted and negotiated all key transaction documents associated with the implementation of the internalisation process, including the purchase of the management entity, Titan Bioventures Management.
IAM Licensing 250
Rob McInnes, partner, named as Australia's highest recommended patent and technology licensing lawyer in the IAM Licensing 250. For more information on how the DibbsBarker Intellectual Property & Technology Group can assist your business, please contact Rob McInnes.
Best Lawyers Australia 2012
Group member Andrew Saxton
was judged by his peers to be Sydney's top lawyer in the category of Health and Aged Care in 2012 and in Medical Negligence in 2011 . . .more