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Saturday, January 23, 2010 6:54:00 PM
From my post: “I asked if Quest will use the same data that Abbott develops. He said that to some extent the findings from Abbott will be of benefit to both parties (Abbott and Quest) but they are going down independent tracks.”
I don’t think there would be a definitive answer to your question without asking Mr. Tobin.
BUT HERE IS A GUESS WITH THE CAVEAT THAT I HAVE NO EXPERIENCE IN THIS: Phase 1 was to develop the assay. Phase 2 consists of the initial tests of the assay on real people and real specimens (not spiked). We know from the February filing (see Tryn2makamil’s post #2571) that the Phase 1 and 2 work was set up by HDVY before the Abbott and Quest agreements and that Abbott agreed to pay $100,000 for that work, but may not pay for all of it. Perhaps if/when Phase 2 is successful, Quest will pay for the part of the Phase 1 and 2 work that Abbott does not pay for.
February filing: “Abbott and HDC agree to have the experimental testing of Phase 1 and 2 performed at *, with *, as the principal investigator. HDC already has a experimental testing agreement in place with * that will cover the performance of Phase 1 and 2. HDC warrants that it has the right under the agreement with * to transfer the data resulting from Phase 1 and 2 testing to Abbott and that Abbott has the royalty-free right to use the data in any regulatory submission. Abbott shall be responsible for payment to HDC of *’s actual costs for performance of the Phase 1 and 2 experimental testing, up to a maximum of One-Hundred-Thousand Dollars ($100,000.00). HDC shall be responsible for payment to * of all costs in excess of the One-Hundred-Thousand Dollars ($100,000.00). Abbott shall make the payments to HDC within thirty (30) days of receipt of invoice from HDC, and HDC shall make the payment to * for any excess costs within thirty (30) days of receipt of notice from Abbott."
So after the assay is developed (Phase 1 - done) and tested and proven on real specimens (Phase 2), then perhaps each company carries on independently from there? It sounds like Abbott is definitely doing Phases 3 and 4 on its own.
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