MNTA’s own out-of-pocket expenses for Lovenox development have already been reimbursed by NVS. Hence, NVS is entitled to deduct what it spent on Lovenox development—including the amount paid to MNTA—until NVS has recouped its development costs. The net effect of the past and future reimbursements is that MNTA will end up paying 50% of the overall development costs of the Lovenox program.
That is not what the documentation says. In no place is any percentage tied to Momenta's share.
Originally, back in 2003 Momenta stated that NVS was to pay 100% of the development costs, but for some reason it must have been modified.
Ask yourself why Sandoz was even brought into the agreement.
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