The patent license in the NVS-MNTA’s 2003 Lovenox agreement was exclusive for the duration of the Lovenox collaboration. However, I don’t think this matters much from a practical standpoint for the reason set forth in #msg-68498287 and #msg-68498735.
It still seems to me that MNTA should be negotiating with NVS regarding mitigating the royalty arrangement back in favor of a profit sharing arrangement.
There’s no need to renegotiate the old agreement insofar as a settlement with Amphastar can be negotiated de novo.
The harm inflicted on MNTA from SNY’s authorized generic can be rectified via the terms of a NVS-MNTA settlement with Amphastar; in this way, NVS and MNTA need to ink only one new contract rather than two.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”