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Wednesday, 09/21/2011 3:46:07 PM

Wednesday, September 21, 2011 3:46:07 PM

Post# of 257262
enox legal costs...from the 2003 agreement:

Sandoz shall be responsible for all Legal Expenses incurred by the Parties in performing their obligations under this Agreement, up to a maximum [undisclosed]



So the remaining question is whether MNTA filing suit against Amphastar re these patents falls under the scope of the agreement or not.

There is a provision stating that all IP coming out the collaboration is jointly owned, and any decisions are made by the JSC in regards to filing, prosecuting, and maintaining the patents. Later it says:

the JSC shall make all decisions regarding enforcement of the Joint Collaboration IP and of those Product-Specific Patent Rights



[enforcement cost sharing is mentioned in regards to "non product-specific" patents, but not in regards to "product specific patents"]

Perhaps one of our more legal minded residents could shed insight as well:
http://www.sec.gov/Archives/edgar/data/1235010/000104746904007521/a2130432zex-10_4.txt

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