Vinita Kailasanath

About Vinita Kailasanath

Vinita Kailasanath has extensive experience in strategic intellectual property and data-driven transactions in life sciences and technology, and particularly at their intersection. Vinita leads the MedTech practice at Freshfields and has represented life sciences companies, technology companies, healthcare companies and providers, and investors in connection with the execution of their cutting-edge MedTech and digital health strategies in addition to many of their other complex licenses and collaborations, strategic investments, and R&D and supply agreements. Vinita has advised clients on transactions involving medical devices (including SaMD), wearables, mobile apps, telemedicine, artificial intelligence/machine learning (AI/ML), IoT, software, hardware, pharmaceutical products and biologics, and also routinely advises on the intellectual property aspects of mergers, acquisitions and joint ventures.

Vinita’s work across the life sciences and technology sectors makes her uniquely well-equipped to structure a wide variety of agreements to enable clients to develop, use, commercialize and protect innovative offerings. In doing so, she draws on her graduate degree in molecular and cellular biology and in-depth knowledge of intellectual property gained through a clerkship at the Court of Appeals for the Federal Circuit. She is well-versed in the business, regulatory environment, and goals of the healthcare sector, while also being deeply familiar with Software as-a-Service ("SaaS"), Infrastructure-as-a-Service ("IaaS") and Platform-as-a-Service ("PaaS") arrangements as well as other cloud and technology-related considerations. 

Prior to becoming a lawyer, Vinita conducted graduate-level neuroendocrinology research; worked in the legal department of a leading alternative energy company specializing in the production of algal oils and bioproducts; and assisted pharmaceutical, biotech and medical device companies with product launches and other marketing and sales matters.

Vinita is the co-chair of the Freshfields Asian, Pacific, South Asian American Employee Resource Group and serves on the Stanford Law School Board of Visitors.

Recent work

Select MedTech, Digital Health and Data Transactions

• Fortune 10 company on the development of wearable and other mobility devices.
• Agilent on its sale of Resolution Bioscience.
• Industry leader on comprehensive genomic profiling and a leading provider of electronic medical record (EMR) technology and real-world evidence data solutions, in a multi-million-dollar collaboration with OneOncology to advance personalized cancer care.
• Innovation team of a leading healthcare provider on strategic technology and IP investments and transactions, including transactions involving novel SaMD, AI/ML and data analytic tools to improve healthcare delivery and outcomes.
• Fortune 100 company on its collaboration agreement with Premier, a leading healthcare improvement company, to enable projects involving healthcare data analytics and the development and commercialization of patient and provider healthcare solutions.
• Global pharmaceutical company on its development deal to incorporate a dosing system regulated as a medical device into the company's app.
• Subsidiary of a Fortune 100 company on a series of technology and services contracts, including platform creation, SaaS and service level agreements, to create and launch a novel service.
• Spin-off from a healthcare system on its IP, licensing, and commercial matters, including collaborations involving the development of healthcare-related apps.
• Subsidiary of a Fortune 100 company on a development services agreement with technology service provider to allow consumers, caregivers and healthcare professionals to connect with each other to share health-related information and to leverage resources, tools and interactive programs to increase medication adherence and improve patient health outcomes.
• Global pharmaceutical company on a comprehensive guide on legal considerations for development, commercializing and providing "tools" and "resources" to customers, including mobile applications, web-based applications and resources, computer programs, and digital or mobile devices.
• Fortune 100 company on its acquisition of a website and mobile application that provides an interactive physician engagement platform and education tool.
• A prominent healthcare service provider on its long-term, strategic collaboration with a developer of patient care management software.

Select Other Life Sciences Transactions

• Johnson & Johnson on its $13.1 billion pending acquisition of Shockwave Medical, Inc.
• AstraZeneca on its pending acquisition of Amolyt Pharma, a clinical-stage biotechnology company focused on developing novel treatments for rare endocrine diseases.
• Capsida Biotherapeutics on its strategic partnership with Kate Therapeutics to leverage Capsida’s expertise and adeno-associated virus manufacturing capabilities to enable Kate’s initial internal portfolio of muscle and heart disease programs.
• AstraZeneca in its acquisition of Fusion Pharmaceuticals Inc., a clinical-stage biopharmaceutical company, worth up to $2.4 billion.
• AstraZeneca on its $1.1bn acquisition of Icosavax.
• Capsida Biotherapeutics on its expanded strategic collaboration with AbbVie to develop genetic medicines for eye diseases, which includes $70 million upfront + equity and up to $595 million in option fees and R&D milestones with potential for future commercial milestones and royalties.
• Capsida Biotherapeutics on its CNS gene therapy collaboration with Prevail Therapeutics for $55 million (upfront + equity) and R&D milestones up to $685 million, as well as tiered royalties and a U.S. co-development/co-commercialization option in exchange for a gross margin share.
• Berkeley Lights (Nasdaq: BLI), a life sciences research tools company, on its acquisition of IsoPlexis (Nasdaq: ISO), a company empowering labs to leverage cells and the proteome, in an all-stock transaction valued at $57.8 million.
• Zymergen on its $300 million sale to Ginkgo Bioworks—the first-ever sale of a publicly-listed public benefit corporation.
• Sairopa on its collaboration, option and license agreements with Exelixis to produce novel oncology therapies.
• Enzyvant on the sale to Aceragen of an investigational enzyme replacement therapy to treat Farber Disease, a group of inherited metabolic disorders for which no disease-specific therapy exists, for an upfront payment and development and sales-based milestones up to $226 million, as well as tiered royalties on net sales.
• AstraZeneca on its agreements for the funding and global distribution of the University of Oxford's COVID-19 vaccine, as well as in the establishment of its global manufacturing and supply chain for the vaccine, including an agreement with the Serum Institute of India (SII).
• Global pharmaceutical company on its $1.6 billion, plus double-digit royalties on certain sales and worldwide exclusive licensing agreement with a biotechnology company.
• Global manufacturer of imaging technologies on a $65 million, plus double-digit royalties on certain sales, license, development and collaboration agreements involving an imaging agent with cardiovascular applications.
• Biotechnology company on its collaboration, option and license agreement involving a platform for the non-viral delivery of expression technologies to affect expression of certain targets.
• Biotechnology company on developing therapies based on gene delivery technology in an evaluation, feasibility and option agreement.
• Global pharmaceutical company on its divestment of a subsidiary that included two key Attention Deficit Hyperactivity Disorder (ADHD) treatments and associated transition services agreements.
• Fortune 200 healthcare company on its critical supply agreement with a sole-source supplier in connection with the settlement of nine-figure litigation.
• Multiple global biopharmaceutical and life sciences companies on complex clinical and commercial supply agreements.
• Medical device company on the drafting and negotiation of numerous consulting, supply and development agreements with universities, development and supply partners around the world.
• Global life sciences company on the drafting and negotiation of a coronavirus and pandemic flu vaccine adjuvant trade secret license.
• Multiple pharmaceutical and specialty pharmaceutical companies on global clinical trial agreements, letters of indemnification and informed consent forms, and related issues including ePRO.

Select Technology Transactions

• CuriosityStream, the first streaming media company devoted to factual entertainment, on the IP aspects of its $512 million combination with SPAC Software Acquisition Group.
• Subsidiary of a Fortune 100 company on a series of technology and services contracts, including software platform development and migration in support of a consumer-facing business.
• Online content, products and services company on advice regarding the IP and technology licensing aspects of M&A transactions.
• World Bank Group on structuring a variety of complex technology and IP-related development and licensing matters in support of its international development mission to help address the world's development challenges with innovative solutions.
• International Finance Corporation on its investments, financial instruments, and international projects, such as the EDGE global green certification program, and projects to empower small and medium enterprises in emerging economies.
• TIME'S UP on its strategic relationships, social media activities and IP matters in support of its mission to prevent sexual harassment and gender inequality.
• Women-led global tax-exempt organization on its international campaigns including the Ban Bossy Campaign, its partnership with the Girl Scouts and other ongoing activities relating to the advancement of women and its mission.
• Various clients on website best practices and e-commerce issues including website terms of use, privacy policy and click-wrap end user license agreements.