Continuum Law
(619) 338-0400
402 W. Broadway Suite 400 ♦ San Diego, CA 92101

Business - Tech and Life Sciences

 

        Our technical expertise and industrial experience in high tech, life sciences, and manufacturing provides insight into what is required for a successful transaction. We can address the details and issues that do not arise in the context of general commercial contracts. We analyze strategies for the client to grow to the next level, and understand and establish effective contracting relationships.

 

        We have worked with companies in high tech, biotechnology, pharmaceuticals, medical devices, and diagnostics. We have advised these businesses on the use of intellectual properties including patents, contracts, technology licensing, and research. We have experience in dealing with regulatory complexities, government contracts, strategic partnerships, IP valuation, business model evaluation, and FDA-medical devices.

 

        We seek to perform the work in light of your business model. We believe that the contract can be used as a tool to get the job done in a profitable manner.

 

Contract Drafting and Negotiations

 

        Ideally, the contract is a tool for getting the job done efficiently and profitably. We have had repeated success in drafting contracts that provide for a smooth working relationship while avoiding costly disputes later on, answering the “what ifs” when possible, clarifying what must be done to help calculate your costs and margins, and clearly stating what has been agreed upon. A good contract fosters a good working relationship.

 

        Statements of work, product specifications, and “deliverables” requirements are usually much more significant in the high tech and life sciences areas than in general commercial contracts. Our industrial experience and technical expertise enable us to address relevant issues efficiently and thoroughly.

 

        We also pay particular attention to acceptance and payment clauses. Most contracts will not end up in court. However, questions may remain at the end of a contract. We help the client avoid spending many hours on the phone at contract closeout to receive payment.

 

        By understanding the business needs of both parties, we help our clients get the maximum benefit from contracts.

 

Dispute Resolution

 

        We have significant experience in defusing disputes between customers and suppliers. Litigation, which is disruptive and time consuming, is often unnecessary for successful dispute resolution. We focus on the most cost-effective path toward a resolution.

 

        Strategic negotiation to help the parties focus on a win-win outcome has repeatedly produced satisfactory results. By getting contract performance back on track, we have helped clients meet schedule and budget requirements.

 

        We use a “lean” litigation model when a law suit is filed by or against a client.

 

Strategic Partnerships

 

        We have represented large companies seeking to fill a gap in their capabilities by creating a relationship with a smaller company which is closer than that of a vendor. We have also represented smaller companies who retain their independence while benefitting from having a larger company as a steady customer and as a vehicle to enter desirable markets. Principals of independent or venture-backed companies may utilize this relationship as a basis for a successful exit.

 

        In order to foster success of a strategic partnership, we can utilize licenses, distributorship agreements, software licenses and many other tools.

 

IP Valuation

 

        We use a diverse skill set used to analyze high tech and life sciences companies and assets. The traditional business appraisal methods are oriented to established companies with a track record and to situations in which comparable sales may be examined. However, we have found value in situations where there may be no track record of production or revenue and where data regarding “comparables” is generally unavailable.

 

        Technical analysis provides an understanding of a company’s offerings, where they fit in the market, and what competitive strengths and weaknesses are present in the product or service. Continuum Law maintains its own technical expertise as well as established relationships with a broad array of specialists in accounting and other relevant areas.

 

        IP valuation is useful in many contexts. We look at ways to define a reasonable royalty for a licensor, value companies with IP for marital or testamentary estates, perform due diligence in buying or selling a company or assets, and to identify assets to strengthen a balance sheet.

 

FDA - Medical Devices

 

        We have helped companies launch new medical devices on the market. The medical devices may have been developed internally or bought as established product lines. We can orient the client within the regulatory regime and help you get the product launched expeditiously. We can also guide new business operations regarding device establishment registration and device listing requirements.

 

        For clients seeking additional capabilities, our network of resources includes organizations that prepare “510(k)” Premarket Notifications and Premarket Approval Applications.

 

        Medical devices counseling is important for high tech companies who may be working at the interface of “telemedicine,” which may be subject to FDA regulation, and digital communications, which is not.