Depomed (DEPO) and Abbot in Serious Dispute Over Commercial Launch of DM-1796, (Live update in progress) January 18th, 2011 by admin Leave a reply » Depomed says: -Last week Abbot informed Depomed that they are not obligated to launch DM-1796 based on how Abbot interprets the contract. -Intend to aggressively pursue this -DEPO expects to see a strong return on DM-1796 - Agreement compels Abbot to cause the 1st commercial sale following FDA approval.. - DEPO: puzzled by Abbot’s reluctance, sounds like Abbot doesn’t think commercial potential return viable -Solvay did extensive due diligence on market opportunity -DEPO notes that internal abbot analysis on drug was not shared with DEPO -Next steps, clear dispute process, mediation the next step, 3 possible scenarios 1st scenario, abbot reevaluates their decision -2nd Abbot wants to keep rights to DM-1796, but choose not to launch -3rd DEPO can retain -DEPO will only consider taking the product back, if funded by Abbot the commercial launch is successful and is cashflow positive -DEPO does not have resources to launch DM-1796 -DEPO, during the resolution process ABBOtt will continue to keep their obligations -DEPO CEO, “I AM PERPLEXED BY ABBOTT’s Decision” -DEPO, FDA decision will come with FDA’s decision on Orphan drug -3-8 weeks will have a mediation with Abbot -QnA time: -Q: With PDUFA coming up with money to be owed? -Ans. Abbott should fulfill its obligations in terms of milestones -Q: Sounds like a signal that Abbott is not going to pay on time, if that happens is that a breach? -A: can’t speak to what would happen if a breach is to happen -Q_ Why wouldn’t Abbott launch this drug? -A: We are perplexed, don’t know why, although we aren’t privy to Abbott’s internal analysis -Q: Who is another partner if Abbott doesn’t want to go ahead? -A: Not gonna name names of companies. New caller -Q: Did mention that Abbott is not obligated to launch, are they obligated to pay the milestone if approved? -A: Abbott said they would fulfill the contract -Q: Anything that has changed that they are citing between now and today? -A: ABT was excited for Orphan drug, didn’t really give us a lot of concrete reasons, sense I have is that company may have reevaluated what assets are best fit for the company, very mixed messages from Abbott, -Q Seems irrational that this battle wasn’t fought earlier, what is legal strategy going forward? -A: We were working with the original Solvay forecast for manufacturing -Q: How long to resolve mediation process? 1month? -A: One mouth seems plausible, want to resolve quickly -Q: Are you in labeling discussions with the FDA and is there a commercial name? -A: yes there is a commercial name, won’t comment on labeling discussions, high likelihood of meeting the PDUFA date on time. -Q: How much money will change hands here? -A; Can’t disclose the size of amount on CC New Caller: -Q: When is the Orphan drug status was granted? -A: In november we were notified -Q: Actual NDA has Abbott’s name on it, does that mean that people at Depomed do not know the substance of the conversations with the FDA? -A; FDA will naturally go to Abbott, but Abbott is contractually obligated to FDA discussions, often we are a party to “some” of those discussions with the FDA -Q: How informed are you as to the FDA discussions, Highly, med, low? -A: Very highly informed -Q: If depomed gets control back, how do you get manufacturing back in line? -A: Same manufacturing site as used for technology in the past -q: So no slippage of time in the manufacturing process? -A: that is correct -Q: If funding was not an issue to reacquisition, what would be the critical path to get it launched? -A: Critical path would be getting name on the samples and the product, could hire a small sales focused sales force that can be done rapidly, but won’t match Abbott’s sales power, we think we could launch on time if we were in the position to -A: We can launch on time -Q: Partner question? Did you have discussion regarding rest of world rights? -A: in our discussions with rights in rest of world the topic of U.S. rights has come up over and over, New caller: jason from Zack’s Investment: -Q: Was there any provision that would give abbott and out? -A: No, they have no out -Q:What are Abbott specific rights -A: PHN in North America and develop the product for other indications in Pain (fibro the big one), we own non-pain rights like RLS -Q: Do you think abbott is trying to get a better deal? -A: I can’t comment on that directly, we have been very open with Abbott and have not shut the door on any discussions (”hint, hint,” my words not depo’s ) -Q: If you id budge which is more important upfront Milestone or royalty rate if you have to negotiate? –A: I can’t answer that. Call over |