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Re: DewDiligence post# 4837

Friday, 08/31/2007 10:13:19 PM

Friday, August 31, 2007 10:13:19 PM

Post# of 19309
I am quite sure that royalties would not be involved with Pharming/Rhucin.

From the 2006 AR:

Several of these pending applications are included in various cross-licensing or out-licensing arrangements with other companies that in turn provide us access to their proprietary technologies. We have granted limited access to our technology to Pharming Group, N.V., or Pharming, and to PharmAthene, Inc. Recently issued U.S. patents provide us with claim coverage for protein
purification from the milk of transgenic animals, the production of monoclonal and assembled antibodies at commercial levels in the milk of transgenic mammals, the production of recombinant antithrombin in the milk of transgenic goats and the production of prolactin in the milk of transgenic animals.

And:

We have exclusive and nonexclusive licenses to specific technologies owned by other parties. Some of the licenses require us to pay royalties on sales of products which may be derived from or produced using the
licensed technology. These licenses generally extend for the life of any applicable patent. We have concluded an extensive cross-licensing arrangement with Pharming providing broad access to the transgenic cattle platform as well as some additional nuclear transfer technology.

Compare those passages to the one regarding the Merrimack deal:

Our principal external program is with Merrimack for their MM-093 product, a recombinant form of human alpha-fetoprotein, or rhAFP. Alpha-fetoprotein is a human plasma protein normally produced during pregnancy and, therefore, is not commercially available from human plasma. MM-093 has been difficult to express in traditional recombinant systems. We have developed goats for Merrimack that express this protein in their milk and we have successfully produced MM-093 for Merrimack’s clinical trials. If MM-093 is found to be safe and efficacious in their clinical program, there is a potential for us to earn
significant additional revenue for production of MM-093 to supply further clinical trials and product for commercialization. We also own $1.25 million of Merrimack preferred stock that was issued in December 2003 in partial payment for services we had provided.

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