Tim M. Swan
TIM SWAN takes a practical approach to helping clients solve problems. As a member of the Technology & IP Transactions practice, he invests the time to understand his clients’ specific technologies and needs in order to help them achieve their goals efficiently. Tim employs a similar finesse when handling complex technology and IP issues in M&A transactions. He advises clients in all facets of the life sciences industry (including healthcare IT, pharmaceutical, medical device and biotechnology), as well as in agricultural technology, software, information technology, outsourcing, financial services and insurance. Tim also advises clients on e-commerce, internet and open source issues. Tim has been with Sidley his entire career.
Tim helps clients prepare and negotiate licensing, collaboration, joint venture, development, professional services, contract research and other technology related agreements, as well as all technology and IP aspects of M&A agreements. His work has led to Tim being named by the 2013 and 2014 editions of Chambers USA as an “associate to watch” in Technology & Outsourcing and recommended by the 2013 and 2015 editions of The Legal 500 US for Media, Technology and Telecoms.
Tim received his J.D. with high honors from the University of Chicago, where he was a member of the University of Chicago Law Review and the Order of the Coif. Before law school, Tim obtained his bachelor’s degree in Mechanical Engineering and graduated magna cum laude from Rose-Hulman Institute of Technology, where he was a captain of the Fightin’ Engineers football team.
In the life sciences industry, Tim has advised:
- GE Healthcare in connection with the formation of Intel GE Care Innovations, a joint venture with Intel Corporation to develop and market home-based health technologies, and its formation of Caradigm, a joint venture with Microsoft Corporation to develop and market a unified data aggregation and analysis platform for health care providers
- GE Healthcare regarding IP aspects in a number of acquisitions, including Living Independently Group Inc., MicroCal LLC, Orbotech Medical Solutions Ltd., U-Systems, Inc., Steady State Imaging and part of Unisyn Medical Technologies
- Catamaran in its acquisition by OptumRx (UnitedHealth Group’s free-standing pharmacy care services business) for $12.8 billion and in various licensing agreements
- Global Healthcare Exchange in various license and services agreements, including its agreements with several group purchasing organizations
- Dicerna in its licensing of Tekmira’s proprietary lipid nanoparticle technology for delivery of one of its RNAi candidates, with potential for $24.5 million in milestones in addition to ongoing royalties
- Takeda Pharmaceutical Company regarding the IP aspects of its $800 million acquisition of URL Pharma, Inc.
- GlaxoSmithKline plc regarding the IP aspects of its sale of a hepatitis C treatment candidate to Janssen Pharmaceuticals
- Avalign Technologies in various medical device supply agreements
- RoundTable Healthcare Partners regarding IP aspects in various pharmaceutical and medical device acquisitions, including its sale of CorePharma LLC and other companies to Impax Laboratories Inc. for $700 million and Aspen Surgical Products Holding, Inc. to Hill-Rom Holdings, Inc. for $400 million
He has also represented:
- Monsanto Company in its $300 million long-term strategic alliance with Novozymes to research and commercialize sustainable microbial products in the agricultural industry
- The Hartford Financial Services Group on technology and transition matters in its divestiture of four businesses at the same time with a total price of over $1 billion, including retirement, individual life insurance, variable annuity and broker-dealer businesses
- Iridium Communications on a wide range of intellectual property and technology license and development agreements, including the intellectual property aspects of agreements underpinning the Iridium NEXT program
- Morgan Stanley in a number of technology and business process outsourcing arrangements
- Beam Inc. regarding IP aspects of its $16 billion acquisition by Suntory Holdings Limited
- Sara Lee Corp. in trademark licenses and other IP aspects of its nearly $1 billion sale of its fresh-baked products business to Grupo Bimbo