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Licensing Agreements
9 Months Ended
Sep. 30, 2020
Licensing Agreements  
Licensing Agreements

Note 4 - Licensing Agreements

 

Les Laboratories Servier

 

As a result of the Asset Purchase Agreement that the Company entered into with Symplmed Pharmaceuticals LLC in June 2017, Symplmed assigned to the Company an Amended and Restated License and Commercialization Agreement with Les Laboratories Servier, pursuant to which the Company has the exclusive right to manufacture, have manufactured, develop, promote, market, distribute and sell Prestalia® in the U.S. (and its territories and possessions). The terms of the agreement include single-digit royalty payments based on net sales and milestone payments based upon the attainment of sales thresholds. The agreement includes a termination clause pursuant to which Servier has the right to terminate the agreement in various circumstances, including, without limitation, as a result of the failure by the Company to achieve certain sales thresholds by the dates set forth in the agreement.

 

For the three and nine month period ended September 30, 2019 the Company paid $8,000 and $27,000, respectively for royalties under the license agreement with Les Laboratories-Servier. No royalties were paid for the three or nine month period ended September 30, 2020.

 

Biofarma

 

As consideration for the Prestalia Trademark license which the Company assumed in connection with the Asset Purchase Agreement with Symplmed, the Company pays low single digit royalties to Biofarma, an affiliate of Servier and the holder of the Prestalia trademark. For the three and nine month period ended September 30, 2019, the Company paid approximately $1,000 and $3,000, respectively to Biofarma. No royalties were paid for the three or nine month period ended September 30, 2020.

 

 

License of DiLA2 Assets

 

On March 16, 2018, the Company entered into an exclusive sublicensing agreement for certain intellectual property rights to its DiLA2 delivery system. The agreement included an upfront payment of $200,000 and future additional consideration for sales and development milestones. The upfront fee was contingent upon the Company obtaining a third-party consent to the agreement within ninety days of execution. As of September 30, 2020 and December 31, 2019, the Company had not obtained consent for the sublicense and has classified the upfront payment as an accrued liability on its balance sheet.