david,
One issue is whether the new ABGX patent is covered by the 1997 cross-license agreement with MEDX (GenPharm) and CEGE. I've been meaning to go dig that agreement up and try to read between the redactions. (I've been lazy because I own both MEDX and ABGX).
Anyone else who knows about it care to comment?
Here's a description from a CEGE filing:
On March 27, 1997, the Company announced that, along with Abgenix, Xenotech, L.P. ("Xenotech", an equal joint venture of Abgenix and Japan Tobacco) and Japan Tobacco, it had signed a comprehensive patent cross-license and settlement agreement with GenPharm International, Inc. (a subsidiary of Medarex, Inc.) that resolved all related litigation and claims between the parties. The cross-license agreement includes a worldwide royalty free cross-license to all issued and related patent applications pertaining to the generation of fully human monoclonal antibody technologies in genetically modified strains of mice. The Company also obtained a license to certain technology in the field of gene therapy held by GenPharm. As consideration for the cross-license and settlement agreement, Cell Genesys issued a note due September 30, 1998 for $15.0 million, convertible into shares of Cell Genesys common stock, at $8.62 per share. Of this note, $3.75 million was contributed to, then paid by Xenotech.
Peter |
