Eliot Choy is counsel in the Corporate Department of the New York office of Latham & Watkins where he focuses on complex commercial transactions involving intellectual property, technology, and pharmaceutical products, with a particular focus on the acquisition, divestiture, development, and commercialization of pharmaceutical products.
Mr. Choy has extensive experience in negotiating and drafting a broad range of agreements involving the transfer, use, and sharing of intellectual property, including agreements covering the research, development, licensing, supply, manufacturing, promotion, and marketing of drug products. He also advises pharmaceutical clients in the settlement of patent litigations.
Mr. Choy serves clients in many industries, including pharmaceuticals, biotechnology, software, and outsourcing, and has negotiated numerous information technology (IT) and real estate outsourcing arrangements and service agreements. In addition, he has experience in advising private and publicly held companies in a variety of corporate transactions, including stock- and asset-based transactions, venture capital and strategic investments, and public and private securities offerings.
Mr. Choy’s experience includes representing:
- Branded and generic pharmaceutical companies in connection with:
- Commercial transactions ranging from strategic alliances with other pharmaceutical drug companies to the acquisition and divestiture of abbreviated new drug applications and new drug applications for generic pharmaceutical products (including in connection with regulatory divestiture requirements)
- Negotiations involving the launch and marketing of authorized generic pharmaceutical products
- M&A support, including the negotiation of transition services, manufacturing and supply, logistic services. co-promotion, and research and development agreements
- Settlement negotiations with pharmaceutical companies involving patent infringement claims and related post-settlement commercial licensing terms
- A publicly traded pure-play infusion therapy company in connection with its acquisition of a division of a global pharmaceutical company, including transition service, manufacturing, and IP matters
- A publicly traded pharmaceutical company in its US$40.5 billion sale of its Global Generic Pharmaceuticals Business
- A publicly traded generic pharmaceutical company in connection with the acquisition of US and foreign drug development companies
- A venture capital firm in connection with its acquisition of a division of a global pharmaceutical company
- A life sciences research and diagnostics company in connection with numerous IP licensing arrangements and its acquisition by a publicly held company
- A renewable fuels company in connection with its initial public offering and investment in a joint venture
- A life sciences company developing products for the prevention and treatment of heart attacks in connection with its Series A and B financings
- A financial services company in connection with the development and licensing of proprietary securities trading software
- A multinational photography and imaging company in connection with a broad array of commercial licensing and co-marketing agreements
- A biopharmaceutical company in connection with the settlement of several patent disputes and litigations, and the licensing of worldwide rights to develop and market specialty biopharmaceutical products
- An international electronics company in connection with the deployment of its information technology functions to a managed services provider
- A global real estate services company in connection with multiple domestic and international real estate outsourcing contracts