IntelGenx Technologies Corp (IGXT)

[GaryJPalys]

So after reviewing the court documents, it appears that it was a no win settlement for either party. While the patent held up, it was not sufficient enough to stop a generic from coming into the market before their patent expires. Wockhardt, even though they are able to bring a generic to market before the patent expires, must pay sublicensing revenues...

The Forfivo XL patent was supposed to be protected until June 2027 as can be seen here...

http://www.q1medicare.com/PartD-BrandNameDrugPatentExpirationsRX.php?startLtr=D&endLtr=F&startYear=2006&endYear=2100

While Horst had said they had very strong intellectual property rights on Forfivo XL, it obviously wasn't strong enough to prevent a generic from coming into the market 9 years before patent expiration. (2018 is the expected approval time for Wockhardt's ANDA)...

Now the big question was whether Intelgenx will receive licensing revenue! Judging by the court documents, it looks like they will not be receiving licensing revenues. It appears that Wockhardt will sublicense under Edgemont, giving Edgemont sublicensing revenues...

While at first glance it would appear that Intelgenx got nothing out of this deal, a closer look shows that the revenues that Intelgenx receives on sales of Forfivo XL should improve dramatically, albeit, not until 2018, and only on sales within North America because Intelgenx never filed a EMA application for Forfivo XL...

Wockhardt is a global operation based in Mumbai India, so the big question now is, will they want to sell their generic globally as well? And how would they go about that? I guess it really wouldn't matter seeing as how Intelgenx didn't protect their global marketing!

Here is a link to the court document. Bear in mind that listening to the conference call will yield more information than is provided in this court document!

http://www.4shared.com/office/tbfjuCD3ce/Intelgenx_vs_Wockhardt_Settlem.html