Section 1.17 and 1.66 seems to secure IPIX rights to any manipulation of the final product. My interpretation is IPIX's rights {including the royality} are secure as long as the final compound contains patented Brilacidin.
1.17 “Compound” means IPI’s proprietary molecule known as Brilacidin in the chemical structure set forth in Exhibit B, including any back-up compounds and analogues (including, prodrugs, metabolites, complexes, degradants, impurities, mixtures and other combinations) their salts, solvates, hydrates, stereoisomers, crystalline and amorphous forms, owned or Controlled by IPI as of the Effective Date or during the Term.
1.66 “Product” means any pharmaceutical product using the Formulation containing the Compound (alone or in combinations with other active pharmaceutical ingredients) in the Indication.
Section 8 covers IPIX's responsibilities to maintain and enforce its patents for Brilacidin in Alfa Sigmas territory. As long as the patents are current the 6% royality applies regardless of how Alpha Sigma compounds the Brilacidn preparation.
Nothing in the document implies Alpha Sigma's royalty to IPIX will reduced for any compound that contains patented Brilacidin.
"They've apparently developed their own compound that USES Brilacidin. Might that not lower the royalty to 2%? "
GLTA Farrell
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