Life Sciences & Healthcare

We are one of the few law firms in China that has a dedicated team in the pharmaceutical, biotechnology and healthcare sector. We provide the full range of commercial legal services to pharma, biotechnology, medical devices and other healthcare businesses.

Our experience in this sector covers traditional M&A, product-related transactions, research and development, new product launch, in-license and out-license, private equity and venture capital investment, domestic and overseas capital markets, regulatory and compliance advice, data protection and vertical and horizontal monopoly arrangements.

Our clients range from large and medium-sized pharmaceutical companies, innovative pharmaceutical firms, medical device companies, professional sales organizations, CROs, hospitals and industry associations to private equity funds and venture capital businesses. We advise companies headquartered in the U.S., Europe, China and across Asia.

We are set up in such a way to offer clients a seamless service across offices and practice areas. We provide integrated teams drawn from different legal disciplines to cover every angle of a deal. We recognize the importance of identifying early the key legal issues and planning a strategy to ensure the most effective management of any transaction on which we are retained. One team, one solution is our practiced method of working.

Recognition

  • Healthcare and Life Sciences (PRC Firms): Tier 1
    The Legal 500 Asia Pacific 2019, 2020
  • Healthcare (PRC Firms): Band 2
    Chambers Asia-Pacific 2019, 2020
  • Pharmaceutical, Medical and Biotech M&A Legal Advisor of the Year
    MergerMarket 2019
  • Healthcare (PRC Firms): Band 3
    Chambers Asia-Pacific 2017, 2018

"Respected team with a strong track record in a variety of healthcare-related transactions and contentious issues. Well-known, full-service firm advising both international and local clients on the healthcare industry. Clients include high-profile pharmaceutical and biotech companies, private equity firms and private medical institutions."

Chambers Asia-Pacific, 2020

Notable Matters

We have represented, acted for and advised clients on many major transactions and disputes. These include representing and advising:

Life Sciences & Healthcare

M&A/Joint Venture
  • Mylan in its combination with Upjohn, Pfizer’s off-patent branded and generic established medicine business, creating a new global pharmaceutical company.
  • Eddingpharm on its acquisition of two antibiotic products sold by Eli Lilly in China, Ceclor and Vanocin, as well as its Ceclor manufacturing facility in Suzhou with a total transaction value of US$375 million.
  • WuXi AppTec in its establishment of a joint venture with Mayo Clinic, a non-profit worldwide leader in medical care, research and education.
  • China Everbright on its acquisition of 22.4% of the shares in LifeTech, a leading cardiovascular device manufacture in China listed on the Hong Kong Stock Exchange for US$126 million.
  • Bluesail Medical Co. on its acquisition of 93.37% of the shares in Biosensors International, a medical device company established in Bermuda, for RMB5.9 billion.
  • Bayer on its acquisition of Dihon Pharmaceutical Group for about RMB3.6 billion. This deal was recognized as Deal of the Year 2015 by China Business Law Journal.
  • WuXi AppTec on its privatization from NASDAQ.
  • Bayer HealthCare China in its integration with the onshore part of Merck OTC Business, following Bayer’s global acquisition of Merck OTC department.
  • Yunfeng Capital and Alibaba Group in the privatization of iKang Healthcare Group, Inc., a leading health inspection chain in China, from NASDAQ.
Licensing and Commercialization
  • CStone Pharmaceuticals in connection with obtaining of global license of PDL-1/TGFβ bi-functional molecule from WuXi Biologics.
  • Novartis in connection with its entry into an exclusive promotion service agreement with Huizheng Pharmaceutical, a subsidiary of Hisun Pharmaceutical, for three chronic obstructive pulmonary disease products.
  • AstraZeneca in connection with its acquisition from Luye Medicine of the exclusive rights to promote Xuezhikang Capsules in Mainland China.
  • AstraZeneca in connection with its granting to China Medical System of exclusive commercialization rights of Plendil in China, for a US$310 million upfront license fee.
  • AstraZeneca in connection with its granting to 3SBio Inc. of exclusive commercialization rights of Byetta and Bydureon (diabetes products) in China, for a US$100 million upfront license fee.
  • BeiGene in connection with its strategic collaboration with Celgene Corporation, a NASDAQ-listed company, under which BeiGene will acquire Celgene’s commercial operations in China and gain an exclusive license to commercialize the company’s approved therapies – Abraxane, Revlimid and Vidaza – in China.

 

Capital Markets
  • CStone Pharmaceuticals, a leading innovative biopharmaceutical company in China, on its Hong Kong Stock Exchange listing, raising approximately HK$2.4 billion.
  • As the PRC and Hong Kong counsel, WuXi AppTec on its delisting from NASDAQ, its listing on the Shanghai Stock Exchange Main Board in May 2018 (raising approximately RMB2.2 billion) and its initial public offering on the Hong Kong Stock Exchange in December 2018 (raising approximately US$1 billion).
  • Wuxi Biologics, China’s largest service provider of biological products, on its successful IPO on the Hong Kong Stock Exchange, raising approximately HK$3.8 billion.
  • BeiGene in connection with its initial public offering on the Hong Kong Stock Exchange Main Board (raising approximately US$903 million) and on the New York Stock Exchange (raising about US$169 million).
  • Mindray, a global leading developer and provider of medical devices and solutions, on its listing on the ChiNext Board of the Shenzhen Stock Exchange, raising RMB5.9 billion. To date, this is the largest IPO on the ChiNext Board.
  • Konruns Pharmaceutical on its IPO and listing on the Shanghai Stock Exchange Main Board, raising approximating RMB974 million.
  • the underwriters on the IPO of Hua Medicine, a China-based drug development company with a focus on developing a global first-in-class oral drug for the treatment of Type 2 diabetes and one of the first to list under Chapter 18A.
  • Temasek, the Singapore investment company, on the Chapter 18A listing of Innovent on the Hong Kong Stock Exchange Main Board.
  • Harmonicare Medical, Wenzhou Kangning Hospital, Jacobson Pharma, Sihuan Pharm, Pioneer Pharma, Besunyen and Sinco Pharmaceuticals on their Hong Kong Stock Exchange IPOs.
  • Jinxin Fertility on its listing on the Hong Kong Stock Exchange Main Board.
Private Equity and Venture Capital
  • Boyu Capital, 6 Dimensions Capital and other investors on their investment in Gloria Biotechnology, a wholly-owned subsidiary of Harbin Gloria Pharmaceuticals Co. (an A-share listed company), and on their acquisition of a 51% equity stake in Gloria Biotechnology.
  • PAG and CVC on their subscription of Series A preferred shares of Alphamab, a company dedicated to the development and commercialization of biopharmaceuticals for cancer treatment. PAG and CVC invested US$34 million and US$25 million, respectively.
  • Yunfeng Capital on its US$148 million equity investment in Livzon Biologics, a subsidiary controlled by Livzon Pharmaceutical Group Inc., an A-share listed company.
  • TPG on its US$460 million acquisition, together with Fosun Pharm, of Chindex International, Inc., the parent company of United Family Health.
  • MBK Partners on its offer of US$253 million to buy AsiaPharm, a company listed on the Singapore Stock Exchange.
  • Alibaba Group Holdings and Yunfeng Capital on their acquisition of 54.3% of the shares of pharmaceutical data provider CITIC 21CN, for approximately HK$1.3 billion. CITIC 21CN was renamed as “Ali Health” in 2014.
  • Goldman Sachs and GIC on their investments in iKang Healthcare, the leading health inspection service provider in China, for approximately US$100 million.
  • TPG Capital on its acquisition of a majority stake in OPC, a leading clinical trial group across Asia.
Compliance and Investigations
  • Government investigations: We represented a leading life science company in various contentious matters, including the dissolution of a joint venture, termination of distribution agreements on anti-corruption grounds, and recovering educational grants.
  • Internal investigations: We have represented several leading life science companies in investigations of potential violations of the FCPA, Chinese commercial bribery laws, accounting fraud and employment issues and other alleged breaches of laws and compliance policies. 
  • Compliance programs and advisory: We have advised many multinational pharmaceutical and medical equipment companies on regulatory reviews relating to administrative investigations of unfair competition and commercial bribery by the AIC. 
  • Data privacy and network security: We have advised many domestic and foreign companies on legal issues associated with data privacy protection and network security, including on state secrets. We have developed widely recognized protocols that assist clients to navigate a highly complex area. We are at the forefront of research and development of legal policies in this field, engaging with the relevant governmental and regulatory authorities, including SIIO, MIIT, MPS, MOF, CSRC, MSS and SAAC.
Intellectual Property
  • Astellas Pharma in a number of civil and administrative actions against infringing competitors.
  • Watson Pharmaceuticals in connection with its processing technology-related patent dispute with Eli Lilly, resulting in a final judgment in Watson Pharmaceutical’s favor rendered by the Supreme People’s Court of China.
  • APBI Holding in administrative litigation against Patent Reexamination Board of SIPO for the validity of its drug patent.
  • Aonuo Pharmaceuticals in a retrial before the Supreme Court in an invention patent infringement case brought by Hubei Wushi Pharmaceuticals.
  • Novartis International in patent disputes against generic companies.
Regulatory Advisory
  • Market Entry: Representing Assembly BioSciences and Biogen with respect to inception of its China business and new production launch in China market.
  • R&D/Clinical Trial: Representing C-Stone Pharmaceuticals, AnHeart Therapeutics, Biogen, Astellas Pharma and Assembly BioSciences, regarding their research and development projects and clinical trials.
  • Product and Commercial Activities: Representing Novartis, Roche Pharmaceuticals, AstraZeneca, C-Stone Pharmaceuticals, Biogen, Bayer Healthcare, Carl Zeiss and a number of other life science companies, in regulatory issues arising from daily business, including without limitation market authorization, product distributions, PAP/PSP, PBM, product promotions, and interactions with NGO.
Antitrust and Competition

Merger Control

  • Merck in the PRC merger filing in connection with its US$17 billion acquisition of Sigma-Aldrich, one of the largest global deals in the biotech industry
  • Jude Medical in the PRC merger filing in connection with its acquisition by Abbott Laboratories for US$25 billion
  • Canon in the PRC merger filing in connection with its RMB38.3 billion acquisition of Toshiba Medical.
  • Novartis in the PRC merger filing in connection with its establishment of three global joint ventures with GlaxoSmithKline with a total value of US$20 billion, one of the largest global deals in the pharmaceutical industry.

 

Antitrust Investigations

  • Medtronic in an antitrust investigation, the first and so far the largest antitrust investigation by the NDRC in the medical device sector.
  • a multinational pharmaceutical company in a NDRC investigation.
  • Toshiba Medical in connection with the first “gun-jumping” investigation by MOFCOM.
  • We also regularly advise multinational companies on compliance issues relating to business activities, ranging from providing advice on business contracts (such as innovative sales models after implementation of two-invoice system, territory restrictions or exclusivity requirements) to conducting a full-scale internal review of the corporation on competition law compliance and providing compliance training.