Skip to main content
Date
Rule
801.2
Staff
Michael Verne
Response/Comments
Agree.

Question

From:(redacted)

Sent: Friday, October 05, 2007 1:42 PM

To: Verne, B. Michael

Subject: RE: Emailing: 0510015.htm

Mike,

Justto confirm, our client proposes to acquire an "exclusive" license forthe over-the-counter (OTC) rights to a product that is currently available byprescription. The grantor will retain all rights to the underlying IP for itsprescription product. The grantee will not receive any rights to theprescription product. We concluded that because the underlying IP is the samefor both the OTC and the prescription products, the grantee has not acquired an"exclusive license," as that term is used for HSR purposes.Therefore, an HSR filing is not required for this transaction.

Please let me know if I have misstated anything.

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.

Learn more about Informal Interpretations.

Return to top