Technology Licensing and Strategic Partnerships

At a certain point in the process of developing and commercializing a new medical technology, opting to pursue a licensing or distribution deal with strategic partners may help you to gain access to new geographic markets, to increase sales and marketing capacity, or to expand distribution channels for your technology. Partnering with a larger more established company may also be an option when additional resources and expertise are needed to pursue regulatory approval, implement clinical studies, and to develop the technology for additional clinical uses or applications.

Strategically, there are considerable differences between a distribution or licensing agreement with the choice of which to pursue depending on a number of factors. In addition to the financial terms of the agreement, other key considerations include the duration of the agreement, whether the agreement grants exclusivity or not, and the establishment of opt out terms including minimum annual sales thresholds. It is also important to establish a mechanism which insures the company who developed the technology retains some control on product messaging and strategic activities. In some circumstances, a licensing or distribution deal may be a precursor to the outright purchase of the technology (or the company itself).

The Atticus Group has assisted several of its clients to draft and negotiate licensing and distribution agreements with strategic partners which assisted their efforts to expand the availability of their technology in select markets. We would be happy to review our experience with you and assist with developing your licensing or distribution strategy or the identification of potential strategic partners for your technology.

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