Tanox, Genentech and Novartis settle Xolair/TNX-901 dispute

1 March 2004

US firm Tanox, Novartis Pharma AG and Genentech say that they have settled all litigation among them and finalized the detailed terms of their three-party collaboration, begun in 1996, to develop and commercialize certain anti-IgE antibodies including Xolair (omalizumab) and TNX-901.

The following details of the settlement were disclosed: Genentech and Novartis will each reimburse Tanox $3.3 million for a portion of its TNX-901 development costs; Tanox will relinquish any rights to manufacture Xolair and, in exchange, will receive payments tied to the quantity of Xolair produced; and Tanox will benefit from an accelerated forgiveness of a loan to finance the construction of its biologics manufacturing plant in the mid-1990s.

As in the original agreement, Genentech and Novartis share US marketing rights for all collaboration products, while Novartis has marketing rights outside the USA. The existing royalty and profit-sharing percentages will remain unchanged. Committees with representatives from all three companies have been established to cooperatively oversee further development and commercialization of Xolair, and possibly other collaboration products.

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