Wednesday, November 26, 2014 9:30:09 AM
http://www.marketwatch.com/story/intelgenx-announces-update-to-settlement-of-us-patent-litigation-related-to-forfivo-xlr-2014-11-26
doesn't give any real info about the deal. All it states is that:
Under the terms of the settlement, Wockhardt has been granted the rights, with effect from January 15, 2018, to be the exclusive marketer and distributor of an authorized generic of Forfivo XL® in the U.S.
What does that mean exactly?!?!? Will they be a full out competitor to Forfivo (not good news since Edgemont can't seem to find their own dick in the dark), or will Wockhardt have to pay a royalty as part of this settlement? We don't know.
It also seems to be only for the US - is that what Zerbe is referencing as greater exclusivity? That the only generic competition will be within the US? Not that it matters much because 4 years in they still don't have an international partner for marketing Forfivo outside the US - but what would stop someone other than Wockhardt from introducing another generic outside the US?
Finally - and most concerning to me is - what does this say about the proprietary nature of the technology? How strong is the technology, and their related patents? Why would you settle if your patents are strong - unless it is a way to gain a marketing partner (but who makes the product?). This was not an easy product to get approved, it required pretty extensive and specific testing to show the time release worked so as not to cause the well known seizures that occur when Bupropion is in the blood at too high a level. I have stated from day one that it was this ability to control the seizures that told me the IGXT technology worked. Now they are caving in on protecting that technology / patent - not good news (but I will wait to hopefully hear the full story next week - although I'm not going to hold my breathe on getting the truth, given we are talking about what to me has become the deceitful Dr. Zerbe).
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