I. MODIFIED AGREEMENTS

Biotech Co.*
(Country;
Symbol)

Pharma Co.
(Country)

Change from original agreement

Terms/Details (Date)


Actelion Ltd.
(Switzerland;
SWX:ATLN)

UCB Pharma (Belgium)

They replaced existing license deal covering the Gaucher's disease product Zavesca

Actelion assumes full responsibility for the pre-UCB obligations on manufacturing and supply, and clinical development; UCB gets an up-front payment in return for a single- digit royalty rate on future sales (11/17)

Cambridge
Antibody
Technology
plc
(UK; CATG)

Abbott Laboratories

They reached an agreement regarding royalties payable to CAT under a licence agreement covering Humira

CAT gets $255M, which it will pay to its licensors; it also gets five annual payments of up $9.375M; CAT's royalty payments were reduced to 2.688% of sales from 5.1% (10/26)

Cephalon Inc.
(CEPH)

Ranbaxy Laboratories Ltd. (India)

They settled patent infringement dispute in the U.S. related to Provigil (modafinil)

Ranbaxy got a nonexclusive, royalty-bearing right to market a generic version of the product starting in 2011; they also entered a series of business arrangements related to modafinil (12/22)

Cephalon Inc.
(CEPH)

Teva Pharmaceutical Industries Ltd. (Israel)

They settled patent infringement disputes in the U.S. and UK related to Provigil (modafinil)

Teva got a nonexclusive, royalty-bearing right to market a generic version of the product starting in 2011; they also entered a series of business arrangements related to modafinil (12/9)

CuraGen
Corp.
(CRGN)

Bayer Pharmaceuticals Corp.

They revised terms of deal in metabolic disorders relating to development of BAY 76-7171 (formerly CT052)

CuraGen exercised its right to revert to a tiered royalty structure on any sales and no longer will contribute to development costs of the drug (12/20)

Depomed
Inc.
(DEPO)

Biovail Corp. (Canada)

They resolved a dispute regarding a license agreement on the metformin-based diabetes product Glumetza

Under the new deal Depomed has rights to the product in the U.S.; Biovail relinquished its option to develop metformin combination products; Depomed withdrew legal action following the agreement (12/13)

Enzon
Pharmaceuticals
Inc.
(ENZN)

Sanofi-Aventis Group (France)

They amended license agreement covering the leukemia drug Oncospar

Enzon will pay a single-digit royalty rate on annual sales that exceed $25M; it had been paying 25% on all sales; Sanofi gets an up-front cash payment of $35M (10/31)

Genetic
Technologies
Ltd.
(Australia;
GENE)

Applera Corp.

The companies settled a patent dispute initiated by Gene Technologies in 2003

Terms were not disclosed but do include a license to the non-coding patents from Genetic Technologies (12/12)

Gilead
Sciences Inc.
(GILD)

F. Hoffmann-La Roche Ltd. (Switzerland)

They resolved a dispute related to their 1996 deal covering the influenza drug Tamiflu

Gilead gets $62.5M in adjusted royalties, and will get sales royalties from 14% to 22%; Gilead also gets certain co-promotion options in the U.S.; the deal ends arbitration proceedings (11/16)

Savient
Pharmaceuticals
Inc.
(SVNTE)

Barr Pharmaceuticals Inc. and NV Organon (the Netherlands)

They settled patent litigation regarding Barr's generic version of Mircette, an oral contraceptive product

Barr paid Savient $13.75M, of which about $2.8M will be passed on to the inventor (12/2)

II. TERMINATED AGREEMENTS

Aphton Corp.
(APHT)

Sanofi Pasteur (France)

They ended a deal from 1997 to develop Aphton's immunotherapy compound Insegia

Aphton regained rights to the G17DT immunogen, which is being developed for cancers, and intends to find a new partner (11/9)

Avalon
Pharmaceuticals
Inc.
(AVRX)

Sanofi-Aventis Group (France)

They ended December 2003 collaboration using molecular cytogenetics to identify and validate oncology targets

The agreement expired as a result of Sanofi's decision not to advance targets from the collaboration (12/21)

Arqule Inc.
(ARQL)

Pfizer Inc.

Pfizer is ending deal under which Arqule has been producing synthetic chemical compounds for Pfizer

The deal, started in 2001, will end May 22, 2006; Arqule expects to receive $19.8M in connection with the termination notification (12/6)

Discovery
Partners
International
Inc.
(DPII)

Pfizer Inc.

The companies terminated discussions regarding a potential new deal to replace existing one about to expire

Discovery has received about $92M from the chemistry deal from 2002 to 2005; Discovery will reduce its combinatorial chemistry operations as a result (11/29)


Notes:

# The information in the chart does not cover agreements between biotech companies or agricultural agreements.

* Private companies are indicated with an asterisk.

Unless otherwise noted, stock symbols listed are on the Nasdaq market.

SWX = Swiss Stock Exchange.