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Saturday, May 15, 2021 7:17:21 AM
What would the nature of the product/drug be that Alfasigma could develop and bring to market that would trigger the clause in the agreement that would automatically reduce the royalty to 2%?
"provided, however, that the Royalty shall be automatically, without action of any Party, reduced to 2% of the Net Sales if the Compound and/or the Product are not Covered by any IPI Patent or are otherwise Covered by a Joint Patent under Section 8.1(c)"
So far it sounds like "as long as there's Brilacidin in it the royalty due is 6% of net sales".
If there is no Brilacidin in it there's no need for an IPIX license and no royalty due, right?
I understand that the last bit says that the royalty is 2% if IPIX and AS are issued a patent jointly. That I get. But what justification would there be for AS to pay a 2% royalty to IPIX if the product didn't include or reflect any IPIX intellectual property?" ("not covered by any IPI Patent").
This is the kind of vapid explanation that covers things like a CEO making lease payments for an abandoned property:
"It is just lawyers imagining every thing that can happen and writing good lawyer language as they do."
Such language needs to be understood and followed and that's what I'm trying to do here. English is my first language and it's giving ME trouble.
I'm tryin ta think but nuttin happens......Curly
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