Vinita Kailasanath

About Vinita Kailasanath

Vinita Kailasanath works with leading and emerging companies in connection with strategic intellectual property and data-driven transactions and the development, commercialization, sourcing, and protection of new products and technologies. Her practice focuses on technology and life sciences transactions, including the IP aspects of mergers, acquisitions and joint ventures; complex licenses and collaborations; SaaS/PaaS/IaaS arrangements (including associated service-level and support agreements); cybersecurity, artificial intelligence/machine learning (AI/ML), hardware, mobile, IoT and cloud-related considerations; licensing of enterprise and consumer software; data rights arrangements; strategic investments; and development, manufacturing, supply and distribution agreements. Vinita’s experience spans the technology, finance and banking, advertising, entertainment, environmental and life sciences sectors. A former clerk at the U.S. Court of Appeals for the Federal Circuit, Ms. Kailasanath also regularly advises on IP-related disputes and settlements as well as confidentiality, trade secret, digital economy, social media and technology escrow issues.

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. Vinita has advised clients on transactions involving medical devices (including SaMD), wearables, mobile apps, telemedicine and AI/ML.

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 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 Tech and MedTech Transactions

• Johnson & Johnson on its $13.1 billion pending acquisition of Shockwave Medical, Inc.
• Fortune 10 company on the development of wearable and other mobility devices.
• Agilent on its sale of Resolution Bioscience.
• 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.
• 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.
• 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.
• Various clients on website best practices and e-commerce issues including website terms of use, privacy policies, and click-wrap end user license agreements.
• 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.
• Fortune 100 company on its acquisition of a website and mobile application that provides an interactive physician engagement platform and education tool.

Select Other Life Sciences Transactions

• Cartography Biosciences on its strategic collaboration and license agreement with Gilead Sciences, Inc., related to triple-negative breast cancer and adenocarcinoma, including a $20 million upfront payment + development, regulatory and commercial milestones and royalties. 
• 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.
• 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 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.
• Medical device company on the drafting and negotiation of numerous consulting, supply and development agreements with universities, development and supply partners around the world.
• Multiple pharmaceutical and specialty pharmaceutical companies on global clinical trial agreements, letters of indemnification and informed consent forms, and related issues including ePRO.