Let's imagine ACADIA wins the ROW for Trof, will we be able to use NNZ2591 for Retts?
What if a third party wins ROW and then buys NEU out, will this allow NNZ 2591 to compete directly with ACADIA for Retts?
The answer is No and No. Competing in either Rett syndrome or Fragile X is strictly forbidden under the trofinetide licensing contract.
Restrictions 8.1 (d)
Furthermore, Neuren and its Affiliates will not, directly or indirectly, and by incorporating the prohibition contained in this clause 8.1(d) in any license or sublicence agreement pertaining to any IGF-1 Derivative-based Compound, will cause licensees, sublicensees and acquirers not to, administer any IGF-1 Derivative Compound to any patient diagnosed with Rett syndrome or Fragile X syndrome during the Exclusivity Period (an “IGF-1 Derivative-based Competing Product”. For the avoidance of doubt, the foregoing sentence precludes administering indirectly through a third party (e.g., a clinical research organization) or making such compound, or any product containing such compound, available to a third party (e.g., a physician or institution) for administration to any patient diagnosed with Rett syndrome or Fragile X syndrome. For purposes of this clause 8.1(d), “IGF-1 Derivative Compound” shall mean any compound (including, without limitation, NNZ-2591) that is a derivative of insulin-like growth factor one, including all salts, esters, mixtures, hydrates, isomers, solvates, complexes, isotopalogs, polymorphs, resinates, metabolites, impurities, or degradation products of such compound, that in each case is not (a) the Compound or (b) an Improvement of the Compound.
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. For the avoidance of doubt, the foregoing sentence precludes administering indirectly through a third party (e.g., a clinical research organization) or making such compound, or any product containing such compound, available to a third party (e.g., a physician or institution) for administration to any patient diagnosed with Rett syndrome or Fragile X syndrome. For purposes of this clause 8.1(d), “IGF-1 Derivative Compound” shall mean any compound (including, without limitation, NNZ-2591) that is a derivative of insulin-like growth factor one, including all salts, esters, mixtures, hydrates, isomers, solvates, complexes, isotopalogs, polymorphs, resinates, metabolites, impurities, or degradation products of such compound, that in each case is not (a) the Compound or (b) an Improvement of the Compound.
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