Dr. Christian B.Fulda

Partner

(T) + 49.89.20.60.42.200

Dr. Christian Fulda focuses his practice on the pharmaceutical, biotechnology, and medical device industries. He has broad experience covering the legal issues that these heavily regulated industries face, including product development and issues related to securing IP rights; entering into development agreements and setting up clinical trials; advising on regulatory questions regarding marketing authorizations and reimbursement; negotiating manufacturing and distribution and related agreements; accompanying the development and implementation of digital health and telehealth applications, including related data privacy issues; and advising on day-to-day operations, including advertising regulation, health care compliance, and product liability issues. Christian routinely carries out multijurisdictional projects for life sciences clients. He also assists clients in M&A transactions in these industries.

In addition, Christian has an extensive track record in global dispute matters, covering injunction and main proceedings before state courts in cross-jurisdictional litigations and in international arbitrations.

Christian is a Fellow of the International Institute for Law and Medicine and a member of BIO Germany (Regulatory Affairs Committee and Healthcare Policy Committee), Licensing Executives Society Germany (Life Sciences Working Group), the Federal Association of Pharmaceutical Manufacturers (BAH), Forum MedTech Pharma, the Middle-European Society for Regulatory Affairs (MEGRA), and the German Institution of Arbitration (DIS).

Experience

  • Celgene to be acquired by Bristol-Myers Squibb for approx. $74 billionJones Day advised Celgene Corporation (NASDAQ: CELG) in connection with the intellectual property and technology transactions aspects of its cash-and-stock merger with Bristol-Myers Squibb (NYSE: BMY) which has an equity value of approximately $74 billion.
  • Procter & Gamble acquires consumer health business of Merck KGaAJones Day advised The Procter & Gamble Company (“P&G”) in its €3.375 billion ($4.2 billion) acquisition of the worldwide consumer health business of Merck KGaA.
  • CVC Capital Partners acquires Teva's International Women's Health assets for $703 millionJones Day advised CVC Capital Partners in its $703 million acquisition of Teva Pharmaceutical Industries Ltd's International (non-US), Women's Health assets.
  • Cardinal Health acquires leading patient product portfolio from Medtronic for $6.1 billionJones Day advised Cardinal Health on the acquisition of Medtronic's Patient Care, Deep Vein Thrombosis and Nutritional Insufficiency businesses for $6.1 billion in cash.
  • Astellas Pharma acquires Ogeda SA for €800 million (US$852 million)Jones Day advised Astellas Pharma Inc., a Japanese leader in the pharma industry, in its €800 million (US$852 million) acquisition of Ogeda SA, a privately owned Belgian drug discovery company.
  • RTI Surgical divests cardiothoracic closure business to A&E Medical Corporation for up to $60 millionJones Day advised RTI Surgical Inc. regarding the sale of its cardiothoracic closure business to A&E Advanced Closure Systems, LLC (A&E Medical), a cardiovascular medical device OEM and a portfolio company of Vance Street Capital LLC, for up to $60 million.
  • Essilor acquires Brille24Jones Day advised Essilor in the acquisition of 100 percent of Brille24 GmbH, one of the leading online retailers of optical products in Germany.
  • Celgene seeks patent protection for different oral formulations of 5-AZACYTIDINEJones Day is prosecuting applications and developing a patent portfolio on behalf of Celgene Corporation for oral formulations of 5-AZACYTIDINE.
  • Idenix defends nucleoside analogue patent in EPO opposition against five opponentsJones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in opposition proceedings before the EPO related to Idenix patent covering nucleoside analogs and prodrugs.
  • Cardinal Health acquires Cordis for $1.9 billionJones Day advised Cardinal Health, Inc. in its acquisition of Johnson & Johnson's Cordis business, a leading global manufacturer of cardiology and endovascular devices, for $1.9 billion in cash.
  • XIO acquires Lumenis for approximately $510 million, $14 per share, in cashJones Day advised XIO Group in its acquisition of Lumenis Ltd., the world's largest energy-based medical company for surgical, ophthalmology, and aesthetic applications, for $14 per share in cash, for an aggregate purchase price of approximately $510 million.
  • BioMarin acquires Prosensa Holding N.V. for $680 millionJones Day advised BioMarin Pharmaceutical Inc. in its acquisition of Prosensa Holding N.V., a public, biotechnology company, focused on the discovery and development of RNA-modulating therapeutics for the treatment of rare genetic disorders.
  • Astellas Pharma sells German over-the-counter (OTC) portfolio to Santo Holding (Deutschland) GmbHJones Day advised Astellas Pharma in the sale of its German over-the-counter (OTC) portfolio to Santo Holding (Deutschland) GmbH.
  • Mainstay Medical completes IPO in first ever dual listing on regulated market of Euronext in Paris and Enterprise Securities Market of Irish Stock ExchangeJones Day assisted Mainstay Medical Limited, a global medical device company, in connection with its €18.8 million (US$26 million) initial public offering including the first ever dual listing on the regulated market of Euronext in Paris and the Enterprise Securities Market of the Irish Stock Exchange.
  • Merz Pharma acquires Swiss dermatology specialist NeocutisJones Day advised Merz Pharma Group in the acquisition of Swiss dermatology specialist Neocutis SA.
  • Mitsui Chemicals acquires Heraeus Dental for €450 million (US$578 million)Jones Day advised Mitsui Chemicals, Inc. in its acquisition of the dental business of Heraeus Holding GmbH for €450 million (US$578 million).
  • Shionogi obtains settlement entitling it to royalties on European Union sales of drug for treatment of fatal lung diseaseJones Day represented Shionogi & Co., Ltd. in a royalty dispute with InterMune, Inc. concerning sales of Esbriet® for treatment of Idiopathic Pulmonary Fibrosis ("IPF"), obtaining a settlement entitling Shionogi to royalties on InterMune's sales in the European Union.
  • North American biotech company obtains dismissal of English Court proceedings in relation to ICC arbitrationJones Day acted for a North American biotech company in proceedings under sections 67 and 68 of Arbitration Act 1996 relating to the identity of the respondent to an ICC arbitration.
  • Deutsche Telekom subsidiary purchases stock in private placement by BodyTel EuropeJones Day advised Deutsche Telekom AG in connection with the purchase by Deutsche Telekom Venture Funds GmbH of stock in a private placement by BodyTel Europe GmbH, a German company that specializes in telemedical monitoring and management systems for chronic diseases.
  • Speaking Engagements

    • November 20, 2014
      December 4, 2014
      EMA Disclosure of Marketing Authorization Data
    • November 13/14, 2014
      Transparency: The Inevitable Emergence of an Epic Issue, panelist, Food & Drug Law Institute European Conference
    • October 6, 2014
      BioM-Forum: IPO in the US - a reality
    • September 24, 2014
      How to Align your Regulatory Pathway for Marketing Authorisation of your Drug with the CE marking of a Companion Diagnostic and How to Secure a Successful Companion Diagnostic Strategy, C5 EU Pharmaceutical Regulatory and Competition Conference
    • July 7, 2014
      How pharmaceutical companies can prepare for release of confidential data by EMA and national authorities, Infotag of the German Pharmaceutical Industry Association (BPI) on the EMA Disclosure Policies
    • June 6, 2014
      Litigation Strategies for Life Sciences Patents under the Unified Patent Court, panelist, Union-IP Congress, Workshop Life Sciences
    • May 19, 2014
      Developing IIS Contracts & Ensuring Corporate Investment Protection, 4th Annual EU Investigator Initiated Studies Conference, Q1 Productions
    • May 6, 2014
      The Continuing Expansion of Health Care Enforcement by U.S. and International Authorities: Key Developments and Implications for the Future
    • April 10. 2014
      Supplementary Protection Certificates (SPC), Recent Case Law of the Court of Justice of the European Union, Opportunities for patent term extensions for the pharmaceutical Industry, German Pharmaceutical Industry Association (BPI), Patent Day
    • March 20, 2014
      Jeopardizing Research Investments through Publication. Publication of commercially confidential information by regulatory authorities - advantage to competitors and risk for patent applications? German Pharmaceutical Industry Association (BPI), CEO Day
    • November 28, 2013
      Predictability and Manageability of the SPC System. An Industry Perspective. German Patent and Trademark Office, SPC Roundtable
    • July 15, 2013
      Europe's New Unitary Patent and Unfied Patent Court: Supplementary Protection Certificates Under the New System
    • June 25, 2013
      Product Liability for Medical Devices, Forum MedTech Pharma, Market Access for Medical Devices Workshop
    • April 12, 2013
      Companion Diagnostics - Regulatory and Reimbursement Aspects, Licensing Executives Society (LES) Meeting
    • January 28, 2013
      The Patent-Regulatory Interface in the EU, EU Pharmaceutical Regulatory Law Boot Camp
    • November 29, 2012
      Utilising Supplementary Protection Certificates (SPC) to Extend Your Patent Lifecycle, Biosimilars Forum 2012
    • October 18, 2012
      Panel Discussion on Personalized Medicine, Symposium "Biotec+ICT=New Business"
    • September 24, 2012
      Managed Access Programs: The Regulatory Environment in the EU & RoW, Managed Access Programs Workshop at the Outsourcing in Clinical Trials Conference
    • September 19, 2012
      Medical Devices: Product Safety and Product Liability in the US, Forum MedTech Pharma, Workshop Market Access USA
    • September 13, 2012
      Healthcare Reforms in Key European Markets and Impact on Diagnostics, 3rd EU Diagnostic Reimbursement & Market Access Conference
    • July 19, 2012
      Pricing and Reimbursement Considerations for Access Programs in Europe, 5th Annual Congress on Access Programs for Investigational and Pre-Launch Drugs
    • May 4, 2012
      Biosimilars - The European Regulatory Pathway, Licensing Executives Society (LES) Meeting
    • February 7, 2012
      Developing Drug & Diagnostic Combination Products in the EU, IVD Regulations and Performance Evaluations Conference
    • September 6, 2011
      Impact of Pharmaceutical Reimbursement Changes on Diagnostics, European Diagnostic Reimbursement & Market Access Conference
    • August 4, 2011
      EU Biotech and Pharma Regulations: The IP Angle, Jones Day Client Seminar on Global Patent Trends in Life Sciences
    • June 21, 2011
      European Perspectives on Nanotechnology: Seizing Opportunities, Protecting Technology, and Avoiding Risks
    • 2011
      Third party changes changes to IVD. The One Touch Ultra Case and Beyond, European Diagnostic Performance Evaluation and Regulatory Conference
    • 2010
      Nanotechnologies - Opportunities and Risks: The regulatory framework for nanotechnology in Europe, JDialog Jones Day Client Seminar
    • 2009
      Market Access for Pharmaceuticals - Impact on License Agreements, Licensing Executives Society (LES) Meeting
    • 2009
      Liberalisation of Pharmaceutical Marketing, BPI Bayern Presentation
    • 2009
      Liberalisation of Pharmaceutical Marketing, Jones Day Client Seminar
    • 2008 / 2009
      New Requirements for the Distribution of Medical Devices, Seminars for Clinical Professionals
    • 2008
      European Pharmaceutical Marketing, Jones Day Client Seminar
    • 2008
      European Pharmaceutical Marketing, BPI Nordrhein-Westfalia Seminar
    • 2007
      Regulatory Issues in Biotech Transactions, Bio-M
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