Replies to post #129849 on Biotech Values

[iwfal]

MNTA -

there are no existing terms about "how to split patent suit results"

No - but as your quote from the service agreement says:

All Joint Collaboration IP shall be owned jointly on the basis of an undivided one-half
interest by [Sandoz] and Momenta

and the JSC (the decision making body) is composed of 3 each members from Sandoz and Momenta. So all told I think that the NPV of the terms should net to 50/50. The interesting question is 'starting from what base'. Momenta will argue that Sandoz has already recovered some of the damages by flipping to the hybrid. Sandoz will argue that that was a separate act.