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Date
Rule
802.2
Staff
Michael Verne
Response/Comments
Agree.

Question

From:(redacted)

Sent:Monday, December 04, 2006 11:16 AM

To:Verne, B. Michael

Subject:Exclusive License Question

Mike- just to follow up on my voice mail (you can respond either way that is most convenientto you):

Myclient is licensing a compound that is a delivery vehicle for other potentialdrugs. Grantor grants grantee the rights to the delivery vehicle compound("licensed compound") for certain uses, but the grantor retains therights to manufacture the licensed compound. Grantee acquires only theexclusive right to manufacture the end product, which will be a combination ofthe licensed compound and its own drugs. We concluded that the grantor'sretention of manufacturing rights for the licensed compound renders theagreement to be nonexclusive under HSR rules and informal interpretations and,thus, there is no reportable asset acquisition.

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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