Börge Seeger, MLE (Leuven), JSM (Stanford)
Partner
- Data protection/cybersecurity
- Life Sciences
- IT and technology law
- Commercial Agreements
Börge Seeger advises on data protection law, cybersecurity, technology law, commercial agreements, e-commerce, outsourcing, distribution law as well as on all IP/IT and carve-out issues in the context of M&A transactions. Furthermore, he represents national and international clients on IP issues with a particular focus on the commercialization of IP rights and know-how.
In addition, Börge Seeger has many years of experience in advising and representing clients in the life sciences/healthcare sector. He regularly advises biotechnology companies, drug and medical device manufacturers on complex M&A deals and product sales, licensing agreements, R&D collaborations, clinical trials, distribution collaborations, as well as on numerous other issues related to the development, manufacturing and marketing of their products. At NEUWERK, he leads the life sciences focus group.
Börge Seeger is an attorney and Certified Licensing Professional (CLP). He is a member of the German-American Lawyers Association (DAJV), the German Society for Legal Informatics (DGRI), the Licensing Executive Society (LES) and the German Association for Intellectual Property and Copyright (GRUR). He is a Fellow at the Center for Internet and Society at Stanford Law School and regularly speaks on privacy, biotechnology, and other IP/IT topics at conferences and seminars in Germany and abroad.
Recent work
Licensing & Collaborations
BioNTech, a German biotech company focusing on immune-oncology and mRNA-based therapies, on a series of major strategic collaborations, including (i) a collaboration agreement with Genmab relating to the co-development and co-commercialization of multiple bispecific antibodies for cancer immunotherapies, and (ii) a landmark collaboration and license agreement with Sanofi to jointly develop and commercialize novel mRNA-based cancer immunotherapies – one of the largest licensing transactions in the German biotech industry to date.
Evotec, a German drug discovery and development platform company, on several R&D collaboration and license agreements, including its multi-year strategic tech partnership with Sandoz for the immediate development and subsequent manufacturing of multiple biosimilars (deal value: double-digit million upfront, up to USD 640 million in further development payments, plus additional undisclosed payments).
Affimed, a German clinical-stage biotech company developing innate immunity-based immunotherapies for cancer, on various license and development collaborations, including its license and development agreement with Genentech to co-develop novel NK-cell engager-based immunotherapeutics for multiple cancer targets (deal value: USD 96 million upfront, up to USD 5 billion in milestones, plus royalties).
Polpharma Biologics, a leading Polish biosimilar development company, on several out-licensing transactions and related manufacturing agreements, including its global license and supply deal with Sandoz for the commercialization of Polpharma’s natalizumab biosimilar (deal value: double-digit million upfront, up to EUR 150 million in milestones, plus royalties).
Glycotope, a German biotech company focusing on tumor-specific glycosylation patterns, on (i) a license and development collaboration with Octapharma relating to the use of Glycotope’s proprietary GlycoExpress® technology, and (ii) a license agreement with Linton Pharm regarding the out-licensing of Glycotope’s follicle stimulating hormone FSH-GEX in China.
University Clinic of Cologne (UKK), one of Germany’s leading academic research centers in virology, on several major licensing and spin-off projects, including (i) the out-licensing and joint development of an HIV therapeutic to Vir Biotechnology and (ii) various out-licensing agreements with BioNTech and other partners in the field of infectious diseases.
German Center for Infection Research (DZIF), a Germany-wide research consortium with more than 500 scientists and physicians from 35 institutions, on a large-scale cooperation and license option agreement with AiCuris Anti-Infective Cures aimed at identifying novel targets for antiviral therapies and new R&D approaches for the treatment and prophylaxis of infections in immunocompromised patients.
Navigo Proteins, a German biopharma engineering company specializing in scaffold-based Affilin® ligands, on a series of R&D and licensing collaborations, including (i) alliances with SCK CEN for targeted radiotheranostics using terbium-161 and VERAXA for novel pre-targeting radio conjugates, (ii) a collaboration and out-licensing agreement with GAIASO Theranostics, and (iii) a strategic alliance with Oncodesign Precision Medicine for the development of new systemic radiotherapy agents.
Secarna Pharmaceuticals, a German biotech company specializing in antisense oligonucleotide (ASO) therapeutics, on (i) a research and option agreement with Denali Therapeutics (Nasdaq: DNLI) for the development of novel ASO therapies targeting neurodegenerative diseases, and (ii) a preclinical research and licensing collaboration with Protalix BioTherapeutics for the development of innovative immuno-oncology candidates (antibody-ASO combinations).
Benfovir, a German biotech company developing antiviral therapies, on a license and development agreement and related manufacturing agreement with Miskawaan Parenteral (Hong Kong) relating to Benfo-Oxythiamine (B-OT) for the treatment of dengue fever and other viral infections in Southeast Asia.
MerLion Pharmaceuticals, a German biotech company developing fluoroquinolone-based anti-infectives, on the exclusive U.S. out-licensing of XTORO® (finafloxacin otic suspension) to Fonseca Biosciences, including U.S. distribution and commercialization rights for the treatment of acute otitis externa.
biotx.AI, a German biotech company specializing in AI-driven drug discovery, on an exclusive license agreement with HB.Bio (Vienna) regarding biotx.AI’s proprietary causal-AI platform for clinical trial design and target discovery.
M&A
Novartis, a global healthcare company, on its business swap with GSK comprising (i) the sale of Novartis’ vaccine business to GSK (deal value: USD 5.3 billion), (ii) the acquisition of GSK’s oncology business by Novartis (deal value: USD 16 billion), and (iii) the creation of a joint venture for Novartis’ and GSK’s consumer health business, including all carve-out related matters (IP, manufacturing, distribution transfer, etc.).
Novartis, on the carve-out and sale of its animal health business to Eli Lilly (deal value: USD 5.4 billion).
Fresenius Digital Technology (FDT), on “Project SPLIT”, one of the largest healthcare IT deals worldwide, involving the deconsolidation of Fresenius Medical Care (FME) and the large-scale outsourcing of central IT systems to Capgemini, covering approx. 1,000 sites in more than 80 countries.
Novartis, on the sale of several manufacturing sites worldwide and the potential restructuring of sites into multi-user infrastructure parks, including the negotiation of all related operational agreements (manufacturing agreements, site services agreements, lease agreements, transitional services agreements, etc.).
Warburg Pincus, on the acquisition of a majority stake in Uvex, a leading provider of protective equipment, whith the founding families retaining significant minority stakes (alongside Kirkland & Ellis as lead counsel).
urban apes Group, a leading operator of bouldering gyms in Germany, on its acquisition of Steinbock Group, creating the largest operator of bouldering gyms in the DACH region.
KPS Capital Partners, on the acquisition of all shares in Sport Group, one of the world’s leading manufacturers of artificial turf systems as well as sports and leisure flooring with annual revenues of more than EUR 500 million.
Dodenhof, a leading German retail and real estate group, on the carve-out of its furniture business and joint venture with XXXLutz under the brand “XXXLutz Dodenhof”.
BC Partners, on the EUR 1+ billion sale of Aenova, a leading global pharma services provider, to Kühne Holding and E3X.
BP International, on the acquisition of ICP, a German developer of payment technology, hardware and software for service-station terminals.
Stepstone, on its acquisition of Studydrive, an e-learning platform facilitating the exchange of study materials among university students across DACH/NL.
Axel Springer, on the creation of a joint affiliate marketing network by combining AWIN and affilinet, resulting in Axel Springer holding 80% and United Internet 20% in the merged entity.
Carlyle, on its EUR 450 million public takeover offer for SNP Schneider-Neureither, a listed German IT company specializing in SAP data management solutions, at EUR 61 per share.
Tradedoubler, on its acquisition of Zezam (KAHA GmbH), a German creator-commerce platform, to integrate Zezam into its influencer business Metapic.
Permira, on its acquisition of TeamViewer, a leading German software provider for remote desktop applications and online meetings, from GFI Software (an Insight Ventures portfolio company).
Publications
How to divorce amicably - Zur Gestaltung der Beendigungsszenarien im Lizenzdeal, Going Public - Life Sciences, 18. Jahrgang, 2016
Die Lizenz in der Insolvenz, Patentkommentar, transkript, 2016
Open Source Software - Grenzen und Vermeidung des viralen Effekts, Vortrag, 2016
Das Geheimnis in der Cloud - Überlegungen zu § 203 StGB, Vortrag, 2015
Patent- und Technologielizenzklauseln im F&E-Vertrag, Vortrag, 2015
Getting to Day 1 - Carve outs and product divestitures in the pharma sector, Vortrag, 2014
IT-Outsourcing und Cloud Computing, Vortrag, Otto Schmidt Verlag, 2013
Dawn-Raid-Basics - Grundwissen zu Durchsuchungen der Europäischen Kommission und des Bundeskartellamtes, Vortrag, 2013
What's the way the cookie crumbles? - Some observations on the state of implementation of the e-privacy directive in the UK and Germany, Vortrag, 2012
Der fliegende Gerichtsstand bei Internet-Sachverhalten, Leible/Sosnitza (Hrsg.), Onlinerecht 2.0: Alte Fragen – neue Antworten?, 2011
BGH 'Reifen Progressiv' - Zum dinglichen Charakter der Lizenz, Vortrag, 2010
Online Proxy Voting: A New Hope for Shareholder Democracy?, Stanford Law School, Thesis, Stanford Programme in international legal studies (SPILS), Stanford University, 2004
Languages
German
English