Dr. Margaret Sampson has a global, strategic intellectual property transaction and patent counseling practice focused in the areas of life sciences, pharmaceuticals, research tools, and medical devices. Intellectual property and technology clients turn to Dr. Sampson for evaluating, structuring, negotiating, and documenting major transactions.
Dr. Sampson has extensive experience advising clients in evaluating patent portfolio positions; analyzing freedom-to-operate issues; identifying and evaluating targets for potential investment, mergers, or acquisitions; and assisting with joint development, inbound, and outbound licensing agreements. Dr. Sampson's experience also includes Hatch-Waxman patent litigation, patent term extensions and adjustments, clinical and manufacturing agreements and royalty acquisitions. Dr. Sampson's scientific background is in molecular genetics, recombinant DNA, and stem cell research.
- Represented pharmaceutical company in a world-wide development and collaboration agreement for the development of an implantable drug delivery device for the programmed release of therapeutics to patients, for a $35 million up-front payment in the form of an equity investment and technology access fee
- Represented pharmaceutical company in its $130 million acquisition, through an unsolicited offer, of a developer of products for the treatment of a central nervous system disorder
- Represented pharmaceutical company in a world-wide, exclusive license, development and collaboration agreement for the development of an early stage drug product to treat pain for an up-front payment of $41 million, along with additional milestone payments and tiered royalties
- Represented pharmaceutical company in an exclusive license and supply agreement in the U.S. of an FDA-approved drug product to treat mental disorders for an up-front payment of $40 million, along with additional milestone payments and tiered royalties
- Represented pharmaceutical company in its acquisition of a privately-held pharmaceutical and drug delivery company focused on inhalation technologies and early stage products for lung diseases and infections, for a $40 million payment, along with additional milestone payments and tiered royalties
- Represented specialty pharmaceutical company in out-licensing U.S. rights to a post-505(b)(2) filing combination product for the secondary prevention of cardiovascular disease for an up-front payment of $15 million, along with additional milestone payments and tiered royalties
- Represented biotechnology company in out-licensing ex-U.S. rights to a drug product in Phase 2 clinical trials, as well as in numerous clinical and commercial pharmaceutical product supply agreements, and clinical trial agreements, for the drug product
- Represented biotechnology company in a joint venture to leverage intellectual property platforms from two companies to develop fusion protein biologics to treat cancer and other human therapeutic indications
- Represented investment firm in IP due diligence and associated IP licensing and assignment agreements for a $345 million joint venture investment to explore and promote a new technology to produce bio-fuels
Intellectual Property Counseling
- Represented international investment management company on a royalty purchase agreement for sales of FDA-approved drug in the U.S., which involved managing the interests of multiple parties, including negotiating and drafting ancillary agreements with interested parties
- Represented a biotechnology company in the development of its licensing strategy for its proprietary pharmaceutical formulation platform technology, and on-going negotiations of transactions with pharmaceutical companies related to such platform technology
- Represented a biotechnology company in transactions related to the development of the company’s plant-based vaccine expression technology
- Development of clinical trial agreements for a biotechnology company dedicated to the development, manufacturing, and commercialization of drugs, immunotherapies, tools, and diagnostics primarily in the area of cancer
- Development of transactional agreements for a biotechnology company dedicated to the long term development of sustainable alternatives for the food, pharmaceuticals, and supplement markets
- (E.D. Tex.) — Represented a pharmaceutical company as a team member in a patent litigation relating to a biologic pharmaceutical product
- Represented a biotechnology diagnostic company as a team member in a patent litigation and prevailed on summary judgment of non-infringement for proprietary system of stem cell production and sorting
- (M.D. Tenn.) — Represented a pharmaceutical company as a team member in litigation involving breach of joint development agreement and dispute over patent rights for technology developed as part of the joint development
Patent Post-Grant Proceedings
- Represented pharmaceutical company in an inter partes review trial before the PTAB regarding a patent covering the company’s marketed drug product; validity of the patent was upheld
- Represented a research tools company in four inter partes reexaminations related to high-throughput sequencing that resulted in rejections of all challenged patent claims through Actions Closing Prosecution in less than 12 months from filing of initial requests
- Represented biotechnology company in a dispute with its licensee regarding alleged breach of contract and associated damages to the licensed patent estate; arbitrators awarded damages to biotechnology company
- Represented a biotechnology research tools company as a team member in an arbitration regarding the client’s cell-based product and prevailed when the U.S. Patent and Trademark Office found that the patent had expired many years earlier
Awards & Community
Recognized as a Texas Super Lawyer (Thomson Reuters), 2016, 2017 & 2018
Named a BTI Client Service All-Star, 2015
Managing Intellectual Property, Top 250 Women in IP, 2014-2017
Managing Intellectual Property, IP Star, 2014-2017
The Best Lawyers in America (Woodward/White, Inc.), Intellectual Property Litigation and Patent Litigation, 2016 & 2017; Biotechnology Law, 2016 & 2017; Patent Law, 2016 & 2017
Best Lawyers - Northern California (Woodward/White, Inc.), Biotechnology Law and Intellectual Property Law, 2013 & 2014
Biotechnology and the Law, 2nd Ed., American Bar Association
Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, Second EditionExternal Article
American Bar Association
Federal Circuit Panel Rules BPCIA 180 Day Commercial-Marketing Notice is Mandatory Regardless of Patent Information ExchangeFirm Thought Leadership
Intellectual Property Update
Baker Botts and Salem Partners will be hosting a private reception during the J.P.Morgan Healthcare Conference to be held at Jasper's Corner Tap and Kitchen on Monday January 13, 2020.
Baker Botts will be hosting a private reception at the JW Marriott located in San Francisco Union Square on Tuesday January 8, 2019.
Baker Botts Intellectual Property partner Margaret Sampson and partner Jennifer Tempesta will be speaking at the American Conference Institute Paragraph IV.