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DewDiligence

10/30/11 8:07 PM

#129842 RE: dumaflotchie #129840

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.