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SJ Berwin LLP Advises NicOx S.A on Two International Pharmaceutical Agreements
The first, a license and development agreement with TOPIGEN Pharmaceuticals Inc., a Canadian company, for NicOx's phase 2a compound, NCX 1020 in Chronic Obstructive Lung Disease and other respiratory diseases, grants TOPIGEN rights to NCX 1020 in North America, in return for a €2 million upfront payment and up to €52.9 million in milestones and commercial success fees, in addition to a share in future revenues (for further details see joint NicOx/Topigen press release of October 27 2005).
The second relates to the extension of NicOx's research collaboration agreement with Merck & Co., Inc. The purpose of the original agreement, signed in August 2003, is to jointly evaluate selected proprietary NicOx nitric oxide-donating compounds in an undisclosed therapeutic area and Merck exercised its exclusive option under that agreement to negotiate for a license, development and commercialisation agreement during the second quarter of 2005. This extension broadens the field of investigation based on joint pre-clinical work conducted to date. Merck will make a payment to NicOx in connection with this extension (for further details see NicOx press release of November 2 2005). Andrew Shindler, a partner in SJ Berwin's Pharmaceutical Group, who has acted for NicOx for many years and advised it on both agreements commented: "We are pleased to have advised NicOx on these agreements which we hope will be commercially successful for all parties concerned and of significant benefit to future patients. The collaborative approach of the parties on both deals ensured a smooth resolution of the complex legal and commercial issues inevitably involved in this type of agreement. As ever, it was a pleasure working with all at NicOx."
Damian Marron, Vice President Business Development at NicOx added "The advice and input of SJ Berwin through Andrew Shindler and his colleagues has been a key factor in enabling NicOx to successfully conclude these two agreements and to continue to build our business. Andrew and his team bring strong expertise and a depth of experience which facilitates greatly the negotiation of agreements such as these."
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Thursday 17th November 2005
SJ Berwin today announced that it has advised NicOx S.A, the emerging pharmaceutical research company, on two recently concluded international pharmaceutical agreements.The first, a license and development agreement with TOPIGEN Pharmaceuticals Inc., a Canadian company, for NicOx's phase 2a compound, NCX 1020 in Chronic Obstructive Lung Disease and other respiratory diseases, grants TOPIGEN rights to NCX 1020 in North America, in return for a €2 million upfront payment and up to €52.9 million in milestones and commercial success fees, in addition to a share in future revenues (for further details see joint NicOx/Topigen press release of October 27 2005).
The second relates to the extension of NicOx's research collaboration agreement with Merck & Co., Inc. The purpose of the original agreement, signed in August 2003, is to jointly evaluate selected proprietary NicOx nitric oxide-donating compounds in an undisclosed therapeutic area and Merck exercised its exclusive option under that agreement to negotiate for a license, development and commercialisation agreement during the second quarter of 2005. This extension broadens the field of investigation based on joint pre-clinical work conducted to date. Merck will make a payment to NicOx in connection with this extension (for further details see NicOx press release of November 2 2005). Andrew Shindler, a partner in SJ Berwin's Pharmaceutical Group, who has acted for NicOx for many years and advised it on both agreements commented: "We are pleased to have advised NicOx on these agreements which we hope will be commercially successful for all parties concerned and of significant benefit to future patients. The collaborative approach of the parties on both deals ensured a smooth resolution of the complex legal and commercial issues inevitably involved in this type of agreement. As ever, it was a pleasure working with all at NicOx."
Damian Marron, Vice President Business Development at NicOx added "The advice and input of SJ Berwin through Andrew Shindler and his colleagues has been a key factor in enabling NicOx to successfully conclude these two agreements and to continue to build our business. Andrew and his team bring strong expertise and a depth of experience which facilitates greatly the negotiation of agreements such as these."
Notes:
- SJ Berwin LLP
- SJ Berwin has a very active and highly rated Pharmaceutical Group advising on a wide range of legal issues from licensing in and out of pharmaceutical products; advising on and drafting R&D and distribution agreements; contentious and non-contentious intellectual property related work, pharmaceutical regulatory law (in particular the application of EU pharmaceutical legislation, and anti-trust and unfair competition); product liability claims, and a wide spectrum of associated corporate and commercial advice relating to the pharmaceutical world.
NicOx S.A - NicOx S.A is an emerging pharmaceutical company involved in the research and development of nitric oxide-donating drugs with superior efficacy and safety profiles in the inflammation, pain and cardiovascular therapeutic areas.
- NicOx seeks to commercialise its products through partnerships and co-development agreements where it maintains future marketing rights for specialist products.
- NicOx S.A (Bloomberg: COX:FP, Reuters: NCOX.LN), headqurtered in Sophia-Antipolis, France is a public company listed on the Nouveau Marche of Eurolist Parits (segment: Next Economy)
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