Replies to post #129826 on Biotech Values

[exwannabe]

I would like to see how Momenta would issue A/W rights to a patent that it already assigned exclusive rights to someone else. I'm sure Sandoz would have something to say about any settlement that would only benefit Momenta.

The launch delay does benefit Sandoz substantially. Also, MNTA is giving up more in potential damages (both on the contract reset and non sales related issues).

I agree that NVS is a party here, but the range of terms that DD suggests is not that one-sided. In some cases (2015 and 10%) they could well be better for NVS than MNTA compared to expected value, while others (2013 and 20%) could be the reverse.

For a poll question, it seams like DD has a reasonable pallet of choices.

[HattieTheWitch]

Given the change in terms with Sandoz (which reduce MNTA's take from their agreement), one wonders if MNTA would be in a better financial position to make an agreement with Ampha/Watson for the use of their patents - or to use such a thing as leverage with NVS to make a more favorable profit split?

[zipjet]

I would like to see how Momenta would issue A/W rights to a patent that it already assigned exclusive rights to someone else. I'm sure Sandoz would have something to say about any settlement that would only benefit Momenta.

Right again.

I expect that MNTA cannot license the patents to anyone without Sandoz joining in the agreement. That however would not prevent the court deciding to force a royalty agreement on the parties.

I also expect that the royalties will be divided under provisions of the contract with Sandoz. I have asked if we know those terms and not gotten an answer. Best guess is that the royalties get divided just like profits. IF they are NOT divided then I would think Sandoz gets all of the royalties.

ij