Let me see if I get this right. By design, it means 5-HMF holder will attempt to profit from it while the court hearings go on and on. It has been in the plan designed from the day Swift came in.
Nicosan designation as an orphan drug is still valid so marketing it outside the US is acceptable. But inside the USA, it needs orphan drug approval to be marketed as a drug.
In the meantime, in the US and Europe, Nicosan can legally be sold as a supplement or herbal remedy for the alleviation of SCD symptoms, much like Cold-FX as a cold remedy for influenza and common cold, right?
If only we can get the production of Nicosan up and running again, I think the big picture may change. The battle of XeChem in the court can still go on for years while the company turns around and emerges from bankruptcy. What are the creditors up to?
NIPRD wouldn't want to be without Nicosan for too long so the license to produce will have to be assigned to either XeChem again or to another company. If it's another company, would it happen to be one conveniently having connection with 5-HMF?