Client case study Magle Chemoswed: “Patents mean we can reap considerable strategic and competitive advantages”

The recently listed company Magle Chemoswed AB is one of Ström & Gulliksson’s medtech clients. S&G European patent attorney Magnus Berglund and Magle Chemoswed’s CEO Justin Pierce describe their collaboration as one of trust, and a shared belief in the strategic importance of implementing a patent perspective early in development.

Magle Chemoswed is a unique international contract manufacturing company with GMP facilities. It also has its own product development. It is dedicated to making ideas into products for its customers. It also has its own product pipeline with a proprietary and patented technology base, especially in starch-based technologies.

– Strong patents are essential for us! Patents mean we can reap considerable strategic and competitive advantages. In terms of our own projects, I’m well aware of all the factors we need to consider. Building a solid product strategy and filing patent applications involves a great deal of work, including freedom to operate and to consider our own patents, says Justin Pierce, who has been CEO of the company since October 2012.

– I started when the company brought me to provide legal advice. My position as CEO was originally going to be a temporary thing, but here I am, CEO since the autumn of 2012. I think my law background means I understand the legal pitfalls, and in fact all the legal aspects of patent protection we can encounter. I’m also extremely interested in litigation!

Thinking in terms of patents is a strategic choice

Justin Pierce says that Magle Chemoswed thinks in terms of patents from the start, and that is where Ström & Gulliksson comes in.

– If we wanted to of course we could start development, and invest time and resources, without considering or even exploring the possibility of a patent. But for us that’s not the right way to go about things. We involve Magnus Berglund at an early stage, and we’re transparent about our projects’ strengths and weaknesses: over and over again it’s proved decisive. It’s how we know we’re tackling things the right way from the start, says Justin Pierce. He explains that Magnus complements the company’s own team of lead scientist, project manager, in-house lawyer, and experts with the necessary chemical expertise.

– Without Magnus’s input, we might miss certain steps in development, and not have the data needed for a full patent application and ultimately for a strong patent. If he sees potential, he makes sure we’ve done all the required steps in the development process. Quite simply, he helps us cover every angle from the start. Magnus is an ideal discussion partner because he brings the patent perspective, while his science background means he completely understands our work. We see him as one of us. His expertise is a significant asset to our company and our strategic business choices.

A consistent patent strategy—hand in hand with business goals

It is a collaboration is based on trust, and Magle Chemoswed wants to hear questions, not just agreement.

– Magnus listens to us, but he doesn’t automatically do what we say or what we thought we needed. He’s not afraid to question our ideas, and he does so in an ethical, honest way, and always with a view to our long-term profitability.

– We have our own unique technology; it takes time to get across our thinking, our ambitions, our goals. We set store by our long-term collaboration. Ours is a consistent patent strategy, and strategically speaking it keeps pace with our business goals. Plus it’s so important to have a patent consultant who keeps track of all your patents, as you don’t want them to conflict and you do want them to complement and even reinforce one another.

On several occasions, S&G has been engaged to help challenge competitors’ existing patents and for patent infringement analyses.

– We know our main competitors are large companies with more resources and more staff. At the same time, what matters in the medical devices business is getting your products to market quickly. That’s where I hope we have the advantage because of our fast decision-making—we’re quick on our feet. We fully intend to grow based on our technology, and to increase the number of our patents and products.

– Magle Chemoswed has extensive capabilities across the whole value chain. It relies on patented protected technology, supported by trade secrets and indispensable know-how. A challenging and inspiring client, which works proactively with innovation and patent processes, and has complete certainty about which markets to prioritise, says Magnus Berglund.

About Magle Chemoswed
Magle Chemoswed’s first advanced wound care product for chronic and diabetic wounds is currently in registration. Its team of experts in microsphere technology are working on medical device applications in advanced wound care, surgery and diagnostics, and drug delivery.

Chemoswed was originally founded in 1944 by the Swedish pharmaceutical company Ferrosan, and after various owners became a contract manufacturer in its own right after being divested from Chemours in 2015. Magle Life Sciences was founded by Hans Henrik Lidgard in 1997 as a development company to work on starch microspheres and their possible application in manufacturing drugs.

Hans Henrik Lidgard Founder and Chairman of the Board:

– I know Gulliksson from doing the law foundation course at Lund University, when Jonas and I sat next to each other in the legendary Micha Markendag’s lectures. Our professional collaboration began in around 2000, and has covered pharmaceutical innovations and medical inventions and of course questions of procedure. We’ve had excellent support from Ström & Gulliksson when it comes to strategic thinking, protecting new ideas, and defending existing patents. We may have taken a step back from running things personally, but I know we’re both pleased our trusting collaboration lives on.

Magle Chemoswed was formed in 2017 when Magle Life Sciences acquired Chemoswed. It is a CDMO with its own technology platform and product portfolio. It owns its manufacturing and development facilities, and has all the resources to manage drug substances and biopharmaceuticals, and to develop and manufacture its own medical technology products. Magle Chemoswed is the proud employer of some 70 people of many nationalities, with diverse backgrounds and experiences.