David R. Bauer
  1. Counsel

Mr. Bauer is counsel in Davis Polk’s Corporate Department, practicing in the Intellectual Property and Technology Group. He advises clients on intellectual property, technology and media-related issues arising from corporate and commercial transactions, such as mergers and acquisitions, joint ventures, licensing and collaboration arrangements, financings and restructurings, and capital markets offerings. With a bioscience-related Ph.D., he has a particular focus on meeting the intellectual property and transactional needs of technology companies, especially in the pharmaceutical and biotechnology industries, and also regularly advises clients in a variety of other industries, such as media, information technology and financial services.

With respect to his life sciences practice, Mr. Bauer regularly advises pharmaceutical and biotechnology clients on a range of transactional matters, including complex licensing arrangements, product and intellectual property acquisition agreements, research and development collaborations, commercialization agreements, marketing and co-promotion agreements and supply and distribution arrangements. He has significant experience with respect to transactions related to small molecule pharmaceuticals, biologics, cellular therapies, gene therapy, diagnostics and medical devices, both within the United States as well as in other major markets such as Europe, Asia and South America.

Mr. Bauer also has extensive experience advising a variety of clients on a range of other types of technology transactions, including patent acquisition and cross-licensing agreements, software and hardware development and licensing arrangements, product manufacturing and distribution agreements, outsourcing and services agreements, and data and content licensing agreements.

Work Highlights

  • Roche
    • Acquisitions of InterMune, Adheron Therapeutics, Anadys Pharmaceuticals, Constitution Medical Investors and Marcadia Biotech
    • Strategic collaboration with Foundation Medicine
    • Option to acquire and research collaboration with Janus Biotherapeutics
  • Shire
    • Acquisitions of NPS Pharmaceuticals, Foresight Biotherapeutics, Lotus Tissue Repair, FerroKin Biosciences and Advanced BioHealing
  • AstraZeneca
    • Acquisition of ZS Pharma
    • Acquisition of Omthera Pharmaceuticals
    • Expansion of its diabetes alliance with Bristol-Myers Squibb through the acquisition of Amylin Pharmaceuticals
    • License, distribution and supply arrangements with Optimer Pharmaceuticals for the commercialization of fidaxomicin in Latin America
  • Smith & Nephew
    • Sale of its Gynecology business to Medtronic
    • Acquisition of the Zimmer Unicompartmental High Flex Knee (ZUK) system in the U.S. market
    • Formation of Bioventus, a biologics joint venture with Essex Woodlands
  • Prosensa's acquisition by BioMarin
  • Warner Chilcott
    • Acquisition by Actavis
    • Acquisition of U.S. rights to Enablex from Novartis
    • Acquisition of The Procter & Gamble Company’s global pharmaceutical business and related secured financing
  • Chemtura's sale of its:
    • Consumer Products business to KIK Custom Products
    • Antioxidant and UV Stabilizers business to SK Capital Partners
  • SS&C on its acquisition of DST Global Solutions
  • Hotel Urbano on its strategic partnership with Priceline
  • Aetna’s acquisition of Genworth Financial’s Medicare supplement business
  • DeCrane Aerospace’s sale of its cabin management business
  • Grupo Aval’s acquisition of BAC-Credomatic
  • Alliance Tire Group’s acquisition of GPX International Tire’s U.S. business out of bankruptcy
  • Affiliated Media’s restructuring and prepackaged bankruptcy
  • IPOs of Editas Medicine, AC Immune, REGENXBIO, Aimmune Therapeutics, EndoChoice, Prosensa, Pacific Biosciences, Ironwood Pharmaceuticals, Merrimack Pharmaceuticals, TeleNav and MediaMind Technologies
Pro Bono
  • Intellectual property advice to organizations such as Case Commons and Groundswell Community Mural Project
  • Lawyers Alliance of New York Cornerstone Award 2010 for pro bono legal service to Groundswell Community Mural Project

Of Note

  • Member, American Bar Association
  • Member, New York State Bar Association

Professional History

  • Counsel, 2015-present
  • Associate, 2008-2015
  • Law Clerk, Hon. Paul J. Kelly, Jr., U.S. Court of Appeals, Tenth Circuit, 2007-2008

Bar Admissions

  • State of New York

Education

  • B.S., Cornell University, 1997
    • with honors
  • Ph.D., Cornell University, 2000
  • J.D., Fordham University School of Law, 2007
    • magna cum laude
    • Order of the Coif
    • Senior Articles Editor, Fordham Law Review