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Biotech / Medical : Neurobiological Tech (NTII) -- Ignore unavailable to you. Want to Upgrade?

To: Sam Quentin who wrote (251)	2/2/1998 9:28:00 AM
From: Apache Indian	Read Replies (1) \| Respond to of 1494

Response to patents question from IR --------------------------------------------------------------------- Thank you for your investment in Neurobiological Technologies, Inc. In response to your question re: the company's Memantine patent position, I would make the following points: (1) The composition of matter patent for Memantine has expired. (2) NTI has an exclusive license to a series of patents covering certain non-opthalmic uses of Memantine. Certain of these patents cover the use of antagonists of NMDA receptor mediated neuronal damage to treat AIDS-related neuronal damage, and Memantine is generally considered to be such a compound. In addition, certain of these patents cover the use of Memantine to treat painful peripheral neuropathy. (3) Allergan has licensed a series of patents covering opthalmic uses of Memantine; we do not believe that their patent rights overlap with ours. (4) In the absence of a composition of matter patent, the company (or collaboration) that first obtains FDA approval of memantine for any indication (ie - is "first to market") will have an advantage. This is because physicians might be able to prescribe Memantine "off-label" for other conditions. (5) In my personal opinion, NTI, as a very small company, is not likely to attempt to compete head-to-head with any large company wishing to develop Memantine for a broad range of neurological conditions. Instead, I believe that NTI management would choose to leverage its use patent position into a partnership with a larger company. Sincerely, Victor Libet, Ph.D. Administrator, Investor Relations Neurobiological Technologies, Inc. ---------------------------------------------------------------------