Relief response email
Dear Mr. Hooter:
Thank you for your e-mails. We will try to address as many of your recent questions as we are able to.
Regarding the binding collaboration agreement between Relief Therapeutics and NeuroRx entered into in September 2020, the agreement has not been changed. According to the agreement, Relief is entitled to 50% of the net profits from the sales in the NeuroRx territory, which includes the U.S., Canada and Israel. As to the dispute with NeuroRx, Relief is actively and constructively striving to find an amicable solution to resolve the dispute.
Regarding the US EUA, under the collaboration agreement, NeuroRx is responsible for the clinical development of RLF-100 in the U.S. NeuroRx has informed us that they are in the process of applying for an EUA. We cannot speculate on how long this process will take.
You asked about whether Relief is funding the U.S. inhaled trial. Relief has always been willing and able to fund the inhaled trial, upon NeuroRx presenting a detailed budget containing appropriate line items and underlying amounts and upon NeuroRx answering reasonable questions that we have posed to them asking for more details about their proposed trial budget. This has not happened to date. Nevertheless, we would also like to point out that Relief has already funded substantial expenses associated with NeuroRx's U.S. inhaled trial.
Regarding the IP around RLF-100, Relief owns U.S. Patent No. 8,178,489, related patents derived from U.S. Patent Application Serial No. 11/817,867 and foreign formulation patents, which are being utilized under the collaboration agreement. Under this agreement, all new and additional IP obtained by NeuroRx related to aviptadil must be cross-referenced by Relief (and vice versa). While it is our position that we own the IP for RLF-100, it doesn’t matter. NeuroRx has no IP, to our knowledge, that it has licensed or developed regarding aviptadil under any scenario. If any exists and relates to the project contemplated by the collaboration agreement, it is covered by the collaboration agreement.
Kind regards,
Bron Hooter/ yf