Can Cui

Can Cui

Listen to pronunciation of my name
Partner
Can Cui
San Francisco
+1 415 733 6081

Dr. Can Cui is a partner in Goodwin’s Life Sciences group and a co-leader of the firm’s Life Sciences practice in Asia. His practice focuses on technology transactions and investment in the life sciences industry, especially those transactions related to China, including cross-border technology licensing and acquisition, collaboration and strategic partnership, joint venture (JV), and other forms of investment.

Dr. Cui has extensive experience representing both licensors and licensees in U.S.-China life sciences licensing transactions. In private equity and venture capital transactions, he regularly represents institutional and individual investors, established life sciences companies and startups in intellectual property (IP) due diligence and the negotiation and drafting of related investment documentation. He also advises clients on IP aspects of mergers and acquisitions.

Dr. Cui has deep knowledge of China’s increasingly complex regulatory landscape, including not only the IP laws, but also regulations governing cross-border transactions, such as technology import and export regulations and regulations of human genetic resources. He also has rich experiences in corporate matters, patent prosecution and IP dispute resolution, which, together with his scientific background, make him a go-to person for advice in various legal matters life sciences companies may have.

In addition to his legal services to the life sciences industry, Dr. Cui is also an active participant in a wide variety of pro bono matters. He has been a recipient of the California Lawyers Association’s Wiley W. Manuel Certificate for Pro Bono Legal Services in recent years.

Experience

Dr. Cui has advised the following companies, among others, in the life sciences industry in the following transactions and matters, among others:

  • ACROBiosystems Inc.: various licensing, collaboration, sales, distribution, consulting and investment transactions, and IP matters;*
  • A publicly traded, global, clinical-stage biopharmaceutical company committed to transforming the discovery and development of novel antibody-based cancer immunotherapies: various
  • collaboration, licensing, and services transactions, and employee IP matters;*
  • A biotechnology company that leverages revolutionary drug targets to develop and commercialize transformational therapies in autoimmune diseases, cancers and transplantations: various services, manufacturing, and consulting agreements;*
  • A Shanghai-based biopharma company developing next generation anti-cancer therapies: various licensing and co-development transactions, and IP due diligence matters;*
  • A clinical stage biopharmaceutical company with the goal of curing cancer by developing novel T-cell therapies that harness the evolutionary power of the immune system: various licensing, collaboration, and clinical services transactions, and China IP, JV and regulatory matters;*
  • A biotechnology company pioneering messenger RNA therapeutics and vaccines: various license and collaboration transactions, including collaboration with genetic medicines companies to develop next-generation in vivo gene editing therapeutics;
  • A company developing novel therapeutics based on gene editing, RNA editing and delivery technology: intellectual property and technology transactions;
  • A late clinical-stage biopharmaceutical company focused on developing and commercializing transformative pharmaceutical products that address critical unmet medical needs in ophthalmology, neurology and psychiatric disorders for patients in Greater China and around the world: patent matters;
  • A biopharmaceutical company focused on advancing gene therapies of short-form human factor H to restore complement regulation in dry age-related macular degeneration, atypical hemolytic uremic syndrome, and other disorders characterized by complement dysregulation: various licensing transactions;
  • A company discovering and developing potent and highly differentiated human antibody therapeutics to improve the lives of patients with serious diseases: trademark matters;
  • A company dedicated to investing in cutting-edge life sciences and biomedical technologies, with a focus on breakthrough first-in-class therapies and disruptive cross-disciplinary innovations in medical devices and diagnostics: IP due diligence matters;
  • An orthopedics company committed to improving the experience of both patients and surgeons through innovative technologies: patent prosecution;
  • A Chinese messenger RNA therapeutics company: various patent matters;
  • An oral irrigator manufacturer from China: patent prosecution;
  • One of the most established independent private equity firms in Asia: IP due diligence matters;
  • A company focused on the discovery, development and commercialization of oral, small molecule protease inhibitors as new treatments for diseases with significant unmet need: various joint venture, licensing and distribution transactions;
  • A clinical-stage targeted oncology company: exclusive license agreement with a commercial-stage biopharmaceutical company focused on developing and commercializing innovative molecularly targeted and immune-oncology drugs for treatment of cancer for the development, manufacturing and commercialization of an investigational tyrosine kinase inhibitor in Asia Pacific region;
  • A clinical-stage biopharmaceutical company dedicated to the research and development of innovative anti-cancer medicines: license agreement with a company with rich experiences in global clinical trials and product commercialization in the field of oncology in respect of a small-molecule inhibitor of BRAF V600E;
  • A Swedish company dedicated to innovation, quality, and transparency, providing advanced products and services for protein biomarker discovery: various technology transactions and U.S. regulatory advice;
  • A company manipulating glycans and their receptors to treat a wide variety of serious conditions: various license and collaboration transactions;
  • A leading Chinese company in gene therapies based on gene editing: various IP and licensing matters:
  • A company developing a technology that combines the noninvasive diffuse reflectance spectroscopy with patented algorithms for detecting various skin properties and body health condition: various licensing transactions;
  • Eluminex Biosciences: various licensing and collaboration transactions, including
    • global exclusive license agreement with FibroGen, Inc. on biosynthetic cornea and other recombinant human collagen products; and
    • acquisition of Zuretinol assets from Retinagenix Holdings;
  • Evive Biotechnology (Shanghai) Ltd.: various licensing and collaboration transactions, including with the Memorial Sloan-Kettering Cancer Center, and patent applications;
  • Exicure: exclusive collaboration with Ipsen on treatment for rare neurodegenerative disorders;
  • GenScript Biotech Corporation and its clinical-stage oncology biotech subsidiary, Legend Biotech Corporation:
    • licensing transactions, including with Amgen and Noile-Immune Biotech, Inc., respectively;*
    • technology services transactions;*
    • strategic collaborations, including with REMD Biotherapeutics Inc.;*
    • various strategic partnership transactions;*
    • acquisition of CustomArray, Inc.;* and
    • Chinese IP law and compliance matters;*
  • HebeCell Corp: various licensing and collaboration transactions;*
  • Helio Health Inc.: various licensing transactions, including with universities, and patent applications;*
  • Legend Capital: various venture-capital and private-equity investments, including its investment in Nuwacell Biotechnologies’s Series A financing round;
  • Livzon Pharmaceutical Group Inc.:
    • $33 million Series B financing of Elicio Therapeutics;*
    • $47 million Series B financing of Carisma Therapeutics;* and
    • U.S. regulatory advice;*
  • Qilu Pharmaceutical Co., Ltd.: various collaboration and licensing transactions, including Greater China exclusive license and collaboration agreement with Arbutus Biopharma Corporation on Hepatitis B RNAi therapeutics;
  • T-Cure Bioscience, Inc.:
    • license agreement with Immunotech Biopharm Ltd;* and
    • clinical research agreement with Rutgers, The State University of New Jersey;*
  • Triastek, Inc., a global leader of 3D printing pharmaceuticals: employee and consultant IP matters and various collaboration and services transactions, including collaboration with Ely Lilly and Company;
  • Vazyme Biotech Co., Ltd: IP dispute and product distribution matters;* and
  • Warburg Pincus Asia LLC:
    • freedom-to-operate and other China IP due diligence matters;*
    • $1.2 billion Series B financing of Haihe Pharmaceutical;* and
    • $123 million Series D financing of Abbisko Therapeutics.*

*Denotes experior prior to joining Goodwin

Areas of Practice

Professional Experience

Dr. Cui is a member of American Bar Association, New York State Bar Association, California Lawyers Association, Bar Association of San Francisco, San Francisco Bay Area Intellectual Property Inn of Court, Asian Pacific American Bar Association Silicon Valley, and The BayHelix Group, and a lifetime member of the Chinese Bioscience Association.

Dr. Cui is a frequent guest lecturer and panelist at top universities and law schools in the United States and in China on U.S. patent law, cross-border technology licensing, and IP protection in the life sciences industry. He also helps advance career goals of working professionals, postdocs and graduate students in the biotech/pharma industry by serving as a mentor in the Career Advisory Network program of Chinese-American Bio/Pharmaceutical Society.

Prior to joining Goodwin, Dr. Cui was an associate in the IP and Technology Transactions Groups of Morrison & Foerster LLP (“MoFo”), where he was a key member of the firm’s China Life Sciences practice. During his four-year residency in the firm’s Hong Kong office, he managed, in addition to cross-border licensing and investment transactions, patent dispute matters in China on behalf of MoFo’s U.S. clients, and gained extensive experience in IP dispute resolution in China. During his subsequent five-year residency in MoFo’s San Francisco office, he continued to represent clients in both China and the U.S. in their cross-border technology transactions and investments, and played a leading role in those transactions in the life sciences industry.

While working in MoFo’s Hong Kong office, Dr. Cui was an adjunct faculty member at The Chinese University of Hong Kong (CUHK). During his three-year tenure at CUHK Faculty of Law, he taught the Principles of Intellectual Property course, and established CUHK’s Chinese IP Law course.

Prior to and while attending law school, Dr. Cui worked as a U.S. patent agent in the Boston and New York offices of Ropes & Gray LLP, where he was a member of the Fish & Neave IP Group.

As a graduate student at Harvard, Dr. Cui conceived, established, and maintained a major long-term collaborative project among Harvard Medical School, the University of California, San Diego, and the Chinese Academy of Sciences. His identification of a viral microRNA was featured in the “Spotlight” section of Journal of Virology as an article of significant interest selected by the editors.

Professional Activities

Dr. Cui is a member of American Bar Association, New York State Bar Association, California Lawyers Association, Bar Association of San Francisco, San Francisco Bay Area Intellectual Property Inn of Court, Asian Pacific American Bar Association Silicon Valley, and The BayHelix Group.

Dr. Cui is a frequent guest lecturer and panelist at top universities and law schools in the United States and in China on U.S. patent law, cross-border technology licensing, and IP protection in the life sciences industry. He also helps advance career goals of working professionals, postdocs and graduate students in the biotech/pharma industry by serving as a mentor in the Career Advisory Network program of Chinese-American Bio/Pharmaceutical Society.

Credentials

Education

JD2012

New York University School of Law

(magna cum laude; The Order of the Coif; Weinfeld Fellow; Walter J. Derenberg Prize, NYU Law’s only Convocation Award in IP Law; NYU Journal of Law & Business: Staff Editor (2010-11); Board Member and Senior Articles Editor (2011-12))

Ph.D., Biological Chemistry & Molecular Pharmacology2007

Harvard University

B.Sc., Biotechnology2000

Peking University

(summa cum laude; Valedictorian; Shuping Scholar; High Distinction Honor)

Admissions

Bars

  • California
  • New York

Recognition & Awards

Dr. Cui has been selected for inclusion in The Legal 500 U.S. 2022. Dr. Cui is recognized by Berkeley Center for Law & Technology as one of the “leading practitioners in biotech and life sciences.”

Publications

Dr. Cui’s recent publications include:

  • Draft Implementing Rules of China’s Human Genetic Resources Regulations as Applied to Foreign Persons, Goodwin Alert (Mar. 24, 2022)
  • China Updates Technology Import Restrictions, Simplifies Import Technology Catalog, Goodwin Alert (Nov. 12, 2021)
  • China Technology Export Update: Amendment of the Export Technology Catalog, Life Sciences Blog (Sep. 30, 2020)
  • China Patent Linkage Update: Codification and Rulemaking, Life Sciences Blog (Sep. 24, 2020)
  • China to Criminalize Human Genetic Resources Violations, Life Sciences Blog (July 22, 2020)
  • China’s Biosecurity Law Will Cover Human Genetic Resources, Life Sciences Blog (July 10, 2020)
  • Co-author, “Crossing Borders,” Intellectual Property Magazine, December 1, 2019
  • China Patent Eligibility Update: Human Embryonic Stem Cells, Life Sciences Blog (Oct. 21, 2019)
  • China’s New Administrative Regulations on Human Genetic Resources as Applied to Foreign Persons, Life Sciences Blog (July 23, 2019)

Dr. Cui’s recent speaking engagements include:

  • “Investment in Life Sciences Entrepreneurship,” the 24th Annual Conference of the Chinese Bioscience Association, October 8, 2022
  • “IP Protection and Licensing in China,” Santa Clara University, October 6, 2022
  • “Licensing, Structuring, and Fundraising Strategies for Life Science Companies Entering the US Market,” Enterprise Singapore, June 28, 2022
  • “Select Legal and Business Issues in Cross-Border Life Sciences Licensing Transactions,” MyBioGate, June 8, 2022
  • “From Scientist to Partner at International BigLaw,” Chinese American Lawyers’ Forum, March 29, 2022
  • “Select Legal and Business Issues in Cross-Border Life Sciences Licensing Transactions,” inxmed, February 25, 2022
  • “Intellectual Property Legal Workshop for Startups,” University of Southern California Viterbi School of Engineering, January 21, 2021
  • “The New Patent Law in China – Significance for Life Sciences,” Berkeley Center for Law & Technology, November 17, 2020
  • “From Scientist to Technology Transactions Lawyer – Top Things to Consider in a Career Change,” Link Your Future, Peking University Northern California Alumni Association, July 26, 2020
  • “Recent Topics on IP and Life Sciences,” Berkeley Center for Law & Technology, July 9, 2020
  • “Cross-Border Technology Transactions in the U.S.,” incoPat, June 18, 2020
  • “Trade Secret Protection in China,” Stanford Law School, May 20, 2020
  • “IP, Tech Transfer, and Cross-Border Licensing,” Echo Lab, Inc., October 19, 2019
  • “IP Protection of Regulated Biopharma Innovations,” the 9th U.S.-China Health Summit, Harvard Medical School, September 26, 2019
  • “Tech, Trade and China,” Berkeley Center for Law & Technology, April 10, 2019