-----Original Message----- From: Clive Bunn <clive_bunn@bioaust.com.au>
Date: Wednesday, October 27, 1999 2:57 AM Subject: RE: PAI-2
Reply to: RE: PAI-2 Dear Mr. Morton
In reply to your recent questions, I cannot respond in numerical terms, as the agreements between Biotech Australia and Cistron are commercial-in-confidence. Suffice it to say that the wording of the Cistron filing " ..... sublicense to .......... make, use, and sell PAI-2...." , is an accurate description of the situation. This is a normal commercial agreement, and Biotech Australia is proceeding to develop PAI-2 for clinical use.
Thank you for your interest.
Clive L. Bunn, Ph.D. Walter Morton wrote: >Thank you for responding to my last email. However, I am confused as to who >has the patent on PAI-2. Is it Biotech Australia Pty, Ltd or Cistron >Biotechnology? > >I found Biotech Australia's patents dated 1995: > >http://www.patents.ibm.com/details?pn=US05422090__ >http://www.patents.ibm.com/details?pn=US05444153__ > > >And I believe Cistron Biotechnology has a patent claim dated in 1990 >(through a university partner): > >http://www.patents.ibm.com/details?pn=US04923807__ > >I found out about Biotech Australia Pty, Ltd when I read this in a Cistron >Biotechnology SEC filing: > >"In May 1993, Cistron granted an exclusive sublicense to Biotech Australia >Pty. Limited ("Biotech"), a jointly owned subsidiary of Hoechst A.G. and >Hoecsht Australia Ltd., to make, use and sell plasminogen activator >inhibitor ("PAI-2") protein in the U.S. using technology contained in >Cistron's PAI-2 DNA patent. Cistron has recently initiated development of a >PAI-2 assay, using Biotech's reagents, which, if successfully developed, >Cistron would sell to the North American research market." > >Now, I am no patent expert nor am I a biologist. Also Cistron will not >respond to my email. So, I must ask you these questions: > >As you stated before: "We have developed and patented a gel formulation for >topical application of PAI-2 to the skin. In addition, we have extensive >world-wide patents on PAI-2, both for the original isolation of the molecule >and for specific disease applications." Is the "extensive world-wide >patents on PAI-2" what Cistron is referring to when it states that "Cistron >granted an exclusive sublicense to Biotech Australia Pty. Limited?" > >What is Cistron sublicensing to Biotech? > >Was Biotech able to create the "gel formulation for topical application of >PAI-2" without the Cistron sublicensed PAI-2 patent? > >If Biotech Australia successfully markets PAI-2 in the form of a topically >applied drug that has been clinically proven to help heal ulcers, does all >of that money go to Biotech (and its investors) or does Biotech have to give >Cistron a portion based on sales volume? > >Is Biotech has to pay Cistron some amount based on sales volume of the new >PAI-2 topical drug, will that amount be very small as compared to the amount >that Biotech (and its investors) would receive? > >Thank you, > >Walter Morton
I sent this email to him early in September. It took him more than a month and one-half to respond. That's not the best way to get investors.
I wonder why they need investors. They were part of that big biotech company that merged with PMC's parent company. |