Don't you think they would just make the agreement contingent of those milestones being met, with staged payments to TIS?
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In the early days that's what I thought. I even think you asked the question once of SM ... don't know how/what he replied to you.
I also thought that perhaps one of the stumbling blocks was the size of the upfront payment ... but no company would be stupid enough to make an upfront payment and then have to hassle getting their money back if the product did not achieve its EU milestone.
So my thinking, partly fuelled by the delay (SM's unreliable information), and the mention of August to Bioshares, is the partners are only interested when the product is SALEABLE .. after approval.
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