From the ASX ann today it looks as if ABS are doing their due diligence very thoroughly. It appears they have inspected the manufacturing plant at Lane Cove, have carefully observed the procedures and stipulated their additional requirements for the US$20 M half share in the IP and in PrIME Biologics. One hopes that NSP are doing the same in return and not merely handing over IP unnecessarily.
ABS are a subsidiary of a large American company, American BioSources Inc. that has heavy clout and financial resources. That can be both a great strength and an imposed burden.
Precisely how much of all NSP’s IP becomes part of the JV is not clear. Can the patents legally distinguish between potential applications such as plasma processing and other separations (e.g. sperm)? How will the joint ownership of the IP affect the other products and separation instruments that NSP presently strives to market? We know there is an intention to make such a distinction. The way any difficulties would be resolved by two equal heads in the JV is an interesting problem.
Today's ann discusses new patent applications. How can a patent be applicable to a "non regulated plasma" as distinct from a regulated supply?
What is clear however is that NSP will be the sole supplier of the membrane technology. The wording on the pricing mechanism in the contract becomes paramount.
Juke
MEM Price at posting:
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