Interessant der letzte Satz: Bisher hat Biodel/ Albireo das Recht nicht ausgeübt!
10-Q vom 9.2.17
On September 14, 2015, Unilife Medical Solutions was served with a complaint filed in the Superior Court of the State of Connecticut by Biodel, Inc.
(“Biodel”) seeking (1) to temporarily enjoin Unilife Medical Solutions from entering into a transaction that would jeopardize the Company’s ability to perform its
obligations under the Customization and Commercial Supply Agreement effective April 8, 2013 (as amended, the “First Biodel Agreement”) between Biodel and
Unilife Medical Solutions; and (2) damages under the Connecticut Unfair Trade Practices Act. Biodel alleged that Unilife Medical Solutions had engaged in unfair
and deceptive trade practices by purportedly misrepresenting its ability and willingness to satisfy its obligations under the First Biodel Agreement and requesting
additional payments from Biodel to satisfy the Company’s obligations. Additionally, Biodel filed a demand for arbitration with the American Arbitration
Association (AAA) asserting that Unilife Medical Solutions had breached its obligations relating to the timing and scope of its performance under the First Biodel
Agreement. The Company filed counterclaims in the arbitration for commercial disparagement and breach of the confidentiality provisions of the agreement.
On September 2, 2016, Biodel, the Company and Unilife Medical Solutions entered into an Asset Purchase and License Agreement (the “Second Biodel
Agreement”) which provides: (a) for the termination of the First Biodel Agreement; (b) for the grant of an exclusive license for a six-month term to the intellectual
property rights related to the Unilife mixing device; (c) a six-month term during which Biodel can exercise an option (the “Option”) to purchase certain assets
associated with the First Biodel Agreement for $1.5 million (the “Potential Asset Sale”) and extend Biodel’s license, for fees based on intellectual prosecution and
maintenance costs determined on an annual basis; (c) dismissal, with prejudice, of all active proceedings in connection with the litigation and arbitration
proceedings pending between Biodel and Unilife Medical Solutions. Under the Second Biodel Agreement, each party also released the other party of all liability,
waived all claims with prejudice, and forever holds the other party harmless from any damages arising out of relating to the First Biodel Agreement. Biodel and
Unilife Medical Solutions each paid their respective attorneys’ fees and Unilife Medical Solutions paid no monetary amount to Biodel in connection with this
resolution. To date, Biodel has not exercised the Options
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