Re: KOSP
>Yes. A license for that component of their combination pill.<
I was assuming that MRK could make its own ER pill without violating KOSP’s composition-of-matter patents. Hence, the IP license I was suggesting would be for an ER Niacin pill’s use for specified medical conditions.
In answer to your question about when MRK would need to take a license, they could wait until after phase-3, or even until after commercialization before deciding what terms to agree to (or whether to take no license and risk litigation).
I am not at all well-versed in KOSP’s IP, so I’m just speculating here. Perhaps our resident KOSP expert, shears, will chime in.
“The efficient-market hypothesis may be
the foremost piece of B.S. ever promulgated
in any area of human knowledge!”