I. MODIFIED AGREEMENTS

Biotech Co.* (Country; Symbol)

Pharma Co. (Country)

Change from original agreement

Terms/Details (Date)


Advancis Pharmaceutical Corp. (AVNC)

Par Pharmaceutical Inc.

They added a pulsatile version of a combination amoxicillin/clavulanate product to their existing collaboration

They were developing only an amoxicillin product; the target for both is ear infections; Par will continue to fund development and they would split profits equally (12/14)

Discovery Laboratories Inc. (DSCO)

Laboratorios del Dr. Esteve SA (Spain)

Discovery regained full rights to its surfactant replacement therapies in certain markets in Europe and Latin America

Esteve will focus on Southern European markets and gained rights to a broader portfolio of Discovery's potential SRT products; Esteve gets 500,000 Discovery shares and up to $20M in payments from new deals Discovery may make (12/7)

Epigenomics AG (Germany; FSE:ECX)

F. Hoffmann-La Roche Ltd. (Switzerland)

They amended agreement focused on developing diagnostics for cancer

Epigenomics can earn |2M more in the expansion, under which it will increase the number of blood or tissue samples studied (12/2)

Inyx Inc. (OTC BB:IYXI)

Stiefel Laboratories Inc.

They expanded contract to increase the products Inyx will develop for Stiefel, and the scope of marketing Stiefel will conduct for the products

A five-year contract signed in 2003 now includes a product in Phase II development; terms of the deal focused on dermatology products were not disclosed (11/8)

Ligand Pharmaceuticals Inc. (LGND)

Eli Lilly and Co.

They restructured the royalty rate Ligand pays on the marketed cancer drug Ontak

Ligand has options to pay $33M to reduce the royalty rate; Lilly has a similar option, for $37M (11/9)

Ligand Pharmaceuticals Inc. (LGND)

Royalty Pharma Management LLC

They revised the royalty agreement on three selective estrogen receptor modulators in late-stage development

Royalty Pharma will pay $32.5M for another 1.625% of net sales, accelerating an option it had; the new royalty rate is 3.0125% of sales on each product for the first 10 years (11/9)

Peptech Ltd. (Australia; ASX:PTD)

Johnson & Johnson

Peptech and J&J unit Centocor Inc. resolved legal disputes related to sales of Remicade

They settled a license dispute centered on antibodies to tumor necrosis factor-alpha; terms were not disclosed (11/15)

Sangamo BioSciences Inc. (SGMO)

LifeScan Inc. (unit of Johnson & Johnson)

Their existing deal was expanded to include additional gene targets in diabetes

LifeScan gets additional access to zinc finger DNA-binding proteins for developing therapeutic cell lines; terms were not disclosed (12/15)

II. TERMINATED AGREEMENTS

Discovery Laboratories Inc. (DSCO)

Quintiles Transnational Corp.

They terminated December 2001 deal for the commercialization of Surfaxin in the U.S.

Quintiles, which would have provided seven years of sales services and received 10 years of commissions, gets 850,000 warrants to purchase Discovery stock at $7.19 per share (11/4)

Genta Inc. (GNTA)

Aventis SA (France)

Aventis ended their deal for development of the cancer drug Genasense

The decision followed results of a Phase III trial showing the product failed to meet secondary endpoints; Genta plans to continue development (11/8)

NitroMed Inc. (NTMD)

Merck & Co. Inc.

They ended a deal to develop nitric oxide-enhancing COX-2 inhibitors

Merck will pay $1.8M to cover research costs still owed, bringing the total paid to $27.2M; NitroMed intends to find another partner (11/8)


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.

ASX = Australian Stock Exchange; FSE = Frankfurt Stock Exchange; OTC BB = Over-the-Counter Bulletin Board.

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