I just looked at their agreement and it is somewhat murky (with the redaction not helping any of course).
Here are some snippets of their agreement:
2.2.3 Servier shall be entitled to freely develop compounds which are positive modulators of AMPA receptor function.
Note that is develop, not commercialize.
5.3 Grant of Commercialization License. Cortex hereby grants to AEC, under ---------------------------------- the Cortex Patent Rights, Cortex Technology, Cortex Inventions and Cortex's interest in Joint Patent Rights and Joint Inventions, subject to Article 5.4 below, the exclusive right and license (with the full right to sublicense) inside the Field to further develop, have developed, manufacture, have manufactured, use, commercialize, distribute, have distributed, for sale and sell Pharmaceutical Specialties containing Lead Compound in the Territory, such license to become effective upon selection of such Lead Compound under Article 3.4. and are subject to the terms and conditions of the License Agreement entered into by and between AEC and Cortex of even date herewith and referenced n(degree) MCM/FP/001011.
So that leads us to 3.4:
(continued on next post because of SI hiccup on long posts) |