pg 8-9
THE COURT: I'm glad you highlighted it because that 27 word it doesn't say -- it doesn't just say infringe. It says would infringe.
MR. KHAWAJA: Agree.
THE COURT: Which means then its contemplated at that point its a potential or possibility. Its not necessarily a definite event because it doesn't say that infringes on, so which means that you would have to actually infringe before you get the milestone.
It says would infringe which gives it the air of potentiality, air of -- its very broad in that sense in terms of what you can do, so that, you know, okay you may not use Ponezumab at all within any of the methods that you are treating or producing drugs, but that's not the question. The way this is set up or the contract, the way this agreement is set up is would use or would infringe, so that you don't have to, as long as its there guess what, according to the Plaintiffs you got to pay me a milestone
because now we got a patent for that particular method or for that particular compound.
pg 10-11
MR. KHAWAJA: There has to be an allegation that we are doing what is covered by the patent.
THE COURT: Not according to the way this contract, at least the arguments I heard. Maybe I misunderstood the contract, but that when you don't have -- when its still pending and later on it gets issued, okay, that its not so much that you're actually using the compound or the Ponezumab that you were actually have covered here, its the potential. It just doesn't matter -- the way I read this argument or read the complaint or the contract here is that once you get an issued patent that's enough at this point to get the milestone triggered. That's at least what I think the Plaintiff is arguing. That it doesn't matter whether or not you use it at all but once I get a patent for it, guess what, if its covered in this schedule, Ponezumab is covered, guess what, whether you use it or not based on the argument or based on the way the contract is written their position, I'm not saying it's a valid position, their position in the complaint is guess what, the milestone has been triggered. You owe us money for it.
MR. KHAWAJA: I think that is their position.
THE COURT: Yeah, and you're arguing otherwise. You are saying no, that is just totally not what this contract or agreement says.
The stock continues to trend, despite the previous delays, all is fine. I can here the flow coming down the pipes. Hang in there.
