Saving the U.S. Small Biotechnology Sector
Rick Blake, Principal, Strategic Health
Resources LLC, Arlington , Virginia
This summary guidance
proposes the outlines for a Federal guarantee that underwrites a proportion of
private equity investment to stimulate the return of private investment in the
small cap biotechnology market. This
benefits millions of patients who need new drug regimens, the small cap
biotechnology companies that produce them, and the Federal government that can
make a profit by underwriting the investments.
Small cap biotechnology firms
discover 56 percent of all new drugs and undertake 70 percent of new
therapeutic research and development. Among
drugs granted priority review because they have substantial therapeutic
benefits over currently marketed drugs, small cap biotechnology firms conducted
54 percent of the new drug research. Big
pharma largely invested their drug research dollars in follow-on drugs that are
variations of older drugs rather than new drug research.
The Brookings Institution did an
analysis of the biotechnology sector entitled, “Signs of Life.” (2002) in which
it said, “…the critical factor in the development of the biotechnology industry
is not only the availability of pre-commercial medical research but also the
availability of continuing private sector investment in product
development.” The private
equity market for small cap biotechnology firms has largely dried up and the
Federal government and Congress needs to fast track interventions before
millions of Americans are bereft of a new generation of therapies and the U.S. loses its
international position as the leader in biotechnology.
Last year, FDA Commissioner Margaret Hamburg told the Personalized Medicine Coalition that “Biomedical research will not result in opportunities for cures unless they are married to advances in regulatory science.” This has not occurred. There have been no targeted national efforts to streamline the regulatory barriers to new drug development by small cap biotechnology firms, no Federal partnerships to ensure the return of private investment to this sector as in the underwriting of Wall Street investment brokerages and no matching by Federal authorities of the therapies developed by this sector with the needs of patients, domestic security and physicians and hospitals.
In the small cap biotechnology sector,
early and mid-stage funding for new drugs and therapies and for the firms that
produce them has been in a steep decline especially for those firms
concentrating in the HIV/AIDS sector. Price
Waterhouse Coopers (PWC) has reported that “early-stage funding contracted for
the third quarter of 2010, while late stage funding grew and the percentage of
contraction was also more severe among early stage companies. (PWC November 2010). More
recently, Venture capital (VC) funding in the life sciences sector, which
includes the biotechnology and medical device industries, fell steeply during
the fourth quarter of 2010, dropping by 2 percent in real dollars from
2009. Compared with the
fourth quarter of 2009, life sciences venture funding decreased 4 percent in Q4
of 2010. This decline
marked the largest year-over-year decrease since the first quarter of 2009 and
the lowest level of funding for the sector since the first quarter of
2003. (Money Tree February 2011).
The high cost of clinical trials has
hit small cap biotechnology firms especially hard. Life Sciences World (2006, 2007) and
Drug Discovery and Development magazine(2008, 2009, 2010) have said that
clinical trials in Phase One safety studies cost on average $15,700 per
patient; in Phase Two $19,300 per patient; and in Phase Three $26,000 per
patient. On average,
bringing a new drug to market costs over $800 million per drug with total costs
annually spent over $30 billion; and a predictability of the effect of drugs in
humans of about 70 percent. These astronomical costs and the lack of
venture capital in this market segment present high barriers to new drug
development and prevent access to new therapies by millions of patients with
infectious and chronic diseases.
The small cap biotechnology sector
also has an identification challenge. The
large biotechnology sector has total revenues of around $60 billion not equal
to any one of the top ten large pharma companies; the small cap biotechnology
sector has direct revenues of less than an estimated few hundred million and
these are ancillary revenue activities from adjunct business sectors, not from
the drugs they are attempting to take through clinical trials.
However, the sector’s benefits to the
economy and to millions of patients with infectious and chronic diseases make
it urgent that the Federal government bring private sector investment back by
guaranteeing private sector investment in the small cap biotechnology
space. The Archstone 2009
report shows that the sector has a beneficial impact to the economy. Every dollar from this sector has a
ripple effect of 2.3 dollars in their local economies and supports almost
700,000 jobs nationally and 3.2 million more in supported jobs.
A Federal intervention also will
impact state economies as well. States
with large numbers of small cap biotechnology companies in them like
Michigan, Ohio,
Pennsylvania, Florida, North Carolina, New York, Colorado, California and
others will benefit from increased jobs and economic activity. In addition, there are biotechnology
research facilities either university-based or privately held in almost all
states and many cities with Chicago , Detroit , Houston and St. Louis having robust
biotechnology sectors. (Brookings
2001)
Biotechnology has an even broader
economic impact. California , Colorado , New Jersey , New York , Pennsylvania , Illinois , Texas , North Carolina , Indiana , Massachusetts , Michigan , Minnesota , Florida and Ohio
have robust biotechnology sectors hard hit by the lack of private investment in
the sector. These are the
states with the greatest level of total supported economic output in the
biotechnology sector. Total
supported economic output equals the number of jobs that currently exist and
the projected of jobs to be created annually, the direct economic contribution
to a state’s economy including taxes and dollars spent , investment in research
and development and the The Brookings study concluded that, “A critical factor
in the development of biotechnology appears to be the flow of venture capital
to new biotechnology businesses.” That
same study says that more firms are competing for a smaller share of NIH
funding and that there is also little coordination between research funding and
the commercialization of biotech products.
What Can Be Done?
In the interest of public safety and
security, we have reached a critical point where the Federal Government needs
to intervene to ensure the development, commercialization and availability of a
new generation of drugs, medicines and therapies to ensure the lives and
well-being of millions of American citizens. We must simplify and in some cases
remove the expensive and serpentine tangle of rules that prevent patients from
the opportunity to improve their quality of life, while at the same time
restoring private sector investment that has died because of the expense of
meeting the web of regulatory requirements that prevents innovative medicines
and therapies from reaching the marketplace. These efforts need to go hand-in-hand
to restore innovation and new drugs into the drug development pipeline, private
investment into the small cap biotechnology sector and to increase the
availability and accessibility of new therapies for the millions of patients
who need them.
The Federal Government needs to
intervene to protect innovation in biotechnology because patients in HIV, HEP
C, cardiovascular disease, cancers and other ailments are too important to be
left alone. This was the
opening statement of HRES 1179, originally sponsored by Cong. Danny K. Davis
(IL-7th). HRES 1179 put Congress on record in terms of support for
small cap biotechnology firms and the new medicines and therapies that they
produce for millions of patients suffering from infectious and chronic
diseases. This legislation
called for the protection of the intellectual property of these firms,
comprehensive, prompt, direct and effective review of these products by all
Federal agencies of jurisdiction; gave a listing of the diseases most affected
by the lack of new drugs in the pipeline and gave particular notice on the
effects of the lack of access to new therapies in areas with high proportions
of underserved and under-resources populations; and asked for Federal
assistance to commercialize new and promising biotechnology therapies.
A Proposed Federal Remedy
The Federal Government must guarantee private investment in the small cap biotechnology sector to resuscitate a new generation of drugs and drug development. The Federal Government needs to develop, coordinate and fund what was described in the 111th Congress Second Session in HRES 1179, originally sponsored by Cong. Danny K. Davis (IL-7th) and extend beyond the limitations of a technical small business ceiling because of the cost of clinical trials and that no companies in the small cap range in this sector make revenues despite the enormous up front capital investment requirements needed to bring a new drug or therapeutic regimen to market. In addition, the enormous capital investment requirements have led panicky boards of directors to replace many Chief Executive Officers in small cap biotechnology firms often losing stability, company history, value and connection to a way out of their funding dilemmas.
Funding the Federal Investment in the Small Biotechnology Sector
The Federal Government must guarantee private investment in the small cap biotechnology sector to resuscitate a new generation of drugs and drug development. The Federal Government needs to develop, coordinate and fund what was described in the 111th Congress Second Session in HRES 1179, originally sponsored by Cong. Danny K. Davis (IL-7th) and extend beyond the limitations of a technical small business ceiling because of the cost of clinical trials and that no companies in the small cap range in this sector make revenues despite the enormous up front capital investment requirements needed to bring a new drug or therapeutic regimen to market. In addition, the enormous capital investment requirements have led panicky boards of directors to replace many Chief Executive Officers in small cap biotechnology firms often losing stability, company history, value and connection to a way out of their funding dilemmas.
Funding the Federal Investment in the Small Biotechnology Sector
While the
details need to be worked on by the Administration, Congressional
Committees of Jurisdiction, the Congressional Budget Office, the GAO, and
industry-related think tanks, $8.6 billion in fines and penalties have been
collected by the U.S. Justice Department and other Federal agencies between
2001 and 2006 for settlements with the pharmaceutical industry. The level of a variety of these fines
could be raised and a significant portion of these dollars could be used for a
Federal stake in a variety of innovative biotechnology companies. These
investments could later be cashed in as the companies commercialize their
products and taxpayers could see a significant return on Federal investment.
Alternatives for Structuring the Federal
Response
Who will intervene? How much should the Federal government guarantee? How will the process go forward? The following pages summarize some of the possibilities.
The Rand Institute, the Government Accountability Office (formerly the General Accounting Office) and the Congressional Research Service provide basic guidance from which to choose a structure and process from which a Federal guarantee for small cap biotechnology firms can be made.
This response is based upon work done by The National Defense Research Institute, a report by Rand, entitled, “A Casebook of Alternative Governance Structures and Organizational Forms,” Hynes, et al; The Congressional Research, “A Report for Congress: Congressional or Federal Charters: Overview and Current Issues,” Kevin R. Kosar, August 25, 2005; “Can We Save the U.S. Emerging Biotechnology Sector? A Brief Review of the Current Circumstances,” Rick Blake, Strategic Health Resources LLC, March 2011; HRES 1179, 111th Congress, Congressman Danny K. Davis (IL-7th).
Why Should the Federal Government Invest in its Domestic Small Biotechnology Sector?
For the purposes of this guidance, we define this sector as those firms producing new medicines and drugs for chronic and infectious diseases, including for rural and underserved populations that have not completed U.S.-based clinical trials. House Resolution 1179 specifically defined disease cohorts as HIV/AIDS, Hepatitis C, pandemic diseases and life threatening conditions including cardiovascular, stroke, cancer, sickle cell, neurological gastrointestinal, autoimmune, mental illness and the most virulent strains of tuberculosis. The resolution also detailed specific therapies for which Federal assistance would be appropriate.
A scientific advisory panel of national experts should be formed to advise the President and Cabinet officers, including representatives of the National Institutes of Health, the Food and Drug Administration, the Department of Agriculture, the Department of Commerce, the Department of Health and Human Services and others; and scientists working in the private sector representing the small cap biotechnology firms; to determine which disease cohorts and therapies would be most appropriate for Federal investment.
Who Should Be Eligible for a Federal Investment?
In the private equity market, small cap refers to stocks with a market capitalization of between $300 million and $2 billion. Most of the biotechnology firms that will be reviewed in this process have capitalization (venture capital and angel investing) of under $300 million with many between $50-$100 million; and some below $50 million. An investment advisory panel of national experts shall be formed to advise the President and Cabinet officers and shall consist of the Treasury Department, the Department of Commerce, the U.S. Trade Representative and others; and members of the private sector representing the small cap biotechnology sector, venture capital funds investing in this sector and others as appropriate.
Who will intervene? How much should the Federal government guarantee? How will the process go forward? The following pages summarize some of the possibilities.
The Rand Institute, the Government Accountability Office (formerly the General Accounting Office) and the Congressional Research Service provide basic guidance from which to choose a structure and process from which a Federal guarantee for small cap biotechnology firms can be made.
This response is based upon work done by The National Defense Research Institute, a report by Rand, entitled, “A Casebook of Alternative Governance Structures and Organizational Forms,” Hynes, et al; The Congressional Research, “A Report for Congress: Congressional or Federal Charters: Overview and Current Issues,” Kevin R. Kosar, August 25, 2005; “Can We Save the U.S. Emerging Biotechnology Sector? A Brief Review of the Current Circumstances,” Rick Blake, Strategic Health Resources LLC, March 2011; HRES 1179, 111th Congress, Congressman Danny K. Davis (IL-7th).
Why Should the Federal Government Invest in its Domestic Small Biotechnology Sector?
For the purposes of this guidance, we define this sector as those firms producing new medicines and drugs for chronic and infectious diseases, including for rural and underserved populations that have not completed U.S.-based clinical trials. House Resolution 1179 specifically defined disease cohorts as HIV/AIDS, Hepatitis C, pandemic diseases and life threatening conditions including cardiovascular, stroke, cancer, sickle cell, neurological gastrointestinal, autoimmune, mental illness and the most virulent strains of tuberculosis. The resolution also detailed specific therapies for which Federal assistance would be appropriate.
A scientific advisory panel of national experts should be formed to advise the President and Cabinet officers, including representatives of the National Institutes of Health, the Food and Drug Administration, the Department of Agriculture, the Department of Commerce, the Department of Health and Human Services and others; and scientists working in the private sector representing the small cap biotechnology firms; to determine which disease cohorts and therapies would be most appropriate for Federal investment.
Who Should Be Eligible for a Federal Investment?
In the private equity market, small cap refers to stocks with a market capitalization of between $300 million and $2 billion. Most of the biotechnology firms that will be reviewed in this process have capitalization (venture capital and angel investing) of under $300 million with many between $50-$100 million; and some below $50 million. An investment advisory panel of national experts shall be formed to advise the President and Cabinet officers and shall consist of the Treasury Department, the Department of Commerce, the U.S. Trade Representative and others; and members of the private sector representing the small cap biotechnology sector, venture capital funds investing in this sector and others as appropriate.
The
Process of Selecting “Best of Breed” Life Sciences Companies
We suggest
that Federal agencies and private sector advisors work together to incorporate a process whereby
companies already vetted by state life sciences centers, state life sciences
associations and other state creditable life sciences associations are eligible
for funding under this proposed Federal investment plan.
This
proposed plan is not an opportunity for guaranteed seed investment for aspiring
biotechnology firms. Companies needing seed funding should seek same from state
sources like Pennsylvania (The Ben Franklin
Technology Partners of Southeastern Pennsylvania), Texas
(Texas Life
Science Center ),
North Carolina (North Carolina Biotech
Center ) and many
others. Firms with
promising life sciences technologies should view this proposed Federal
investment into life sciences companies as stage two and three opportunity to
bring them to commercialization.
What Options Does the U.S. Have for Structuring a Federal
Investment in Biotechnology?
The Rand Study the GAO Study and the Congressional Research Service have outlined options Federal and private sector structures and organizational forms. Federal investment guarantees could come directly from the U.S. Department of Treasury, a cooperative partnership between government agencies, a joint venture between the Federal government and each private sector firm, a joint venture between Treasury and an existing Federal corporate entity or some combination of the above.
There is urgency in terms of salvaging firms that produce needed goods and services in the public interest. We suggest the simplest beginning in terms of vetting therapies and firms with short range, mid-range and longer range investment guarantees and other funding vehicles as firms make their way through this process and phasing in mid and longer term solutions. Professional fund managers with private sector experience should be chosen to manage the fund to protect the public’s investment. Some examples that have worked in different scenarios are the Commodity Credit Corporation, the Federal Crop Insurance Corporation, the Overseas Private Investment Corporation and a variety of public private partnerships or joint ventures.
The Federal government could also develop a model based upon the Telecommunications Development Fund¸ a chartered Federal entity, or it could form a federal venture capital fund without a charter as in CRS Report RL30533 on hybrid federal and private organizations.
What size investment should the Federal Government make and how will the public recoup that investment? We suggest a federally backed investment of 40-60 percent of private equity. That means for every dollar of private equity investment, the Federal government will issue a federal guarantee of between 40-60 cents. There can be other Federal financing vehicles and it would be part of the due diligence in this process if the investment advisory group set up by this process would review all of the financing vehicles appropriate for this sector.
Observations
We are certainly aware of the tax incentives applied to this sector in 2010. With the large number of firms applying and accepted, this equaled in the range of $250,000 per business. Some firms applied and were accepted for multiple incentives. The small amounts of these dollars were not designed to get a critical therapy through clinical trials to commercialization. We believe that government guarantees of the range previously stated will stimulate private sector investment of the size needed to impact critical therapies for millions of patients, to expand new therapies in the drug pipeline and to recoup theU.S.
global position as the number innovator and provider of quality biotechnology
therapies in the world.
The Rand Study the GAO Study and the Congressional Research Service have outlined options Federal and private sector structures and organizational forms. Federal investment guarantees could come directly from the U.S. Department of Treasury, a cooperative partnership between government agencies, a joint venture between the Federal government and each private sector firm, a joint venture between Treasury and an existing Federal corporate entity or some combination of the above.
There is urgency in terms of salvaging firms that produce needed goods and services in the public interest. We suggest the simplest beginning in terms of vetting therapies and firms with short range, mid-range and longer range investment guarantees and other funding vehicles as firms make their way through this process and phasing in mid and longer term solutions. Professional fund managers with private sector experience should be chosen to manage the fund to protect the public’s investment. Some examples that have worked in different scenarios are the Commodity Credit Corporation, the Federal Crop Insurance Corporation, the Overseas Private Investment Corporation and a variety of public private partnerships or joint ventures.
The Federal government could also develop a model based upon the Telecommunications Development Fund¸ a chartered Federal entity, or it could form a federal venture capital fund without a charter as in CRS Report RL30533 on hybrid federal and private organizations.
What size investment should the Federal Government make and how will the public recoup that investment? We suggest a federally backed investment of 40-60 percent of private equity. That means for every dollar of private equity investment, the Federal government will issue a federal guarantee of between 40-60 cents. There can be other Federal financing vehicles and it would be part of the due diligence in this process if the investment advisory group set up by this process would review all of the financing vehicles appropriate for this sector.
Observations
We are certainly aware of the tax incentives applied to this sector in 2010. With the large number of firms applying and accepted, this equaled in the range of $250,000 per business. Some firms applied and were accepted for multiple incentives. The small amounts of these dollars were not designed to get a critical therapy through clinical trials to commercialization. We believe that government guarantees of the range previously stated will stimulate private sector investment of the size needed to impact critical therapies for millions of patients, to expand new therapies in the drug pipeline and to recoup the