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Merck KGaA pays ImClone €7.5 million to sublicense Erbitux
By E. Janene Geiss
Philadelphia, July 20 - ImClone Systems Inc. and Merck KGaA said Thursday they have amended and supplemented their 1998 development and license agreement covering Erbitux and certain other work in the field of EGFR-targeted antibodies.
As part of the agreements, ImClone said it consented to Merck's sublicense of certain intellectual property rights relating to the development and commercialization of an anti-EGFR antibody to Takeda Pharmaceutical Co., according to a company news release.
Merck said it signed an alliance with Takeda in September 2005 for the development and commercialization of matuzumab (EMD72000), a humanized EGFR-targeting monoclonal antibody.
In consideration for ImClone Systems' consent, Merck said it agreed to pay ImClone Systems €2.5 million upon execution of the agreements and a further €5 million upon ImClone Systems' written consent to the sublicense.
In addition, Merck said it agreed to increase its fixed royalty to 9.5% for all sales of Erbitux outside the United States and Canada, effective July 1.
The agreements also promote freedom to operate in the development and commercialization of matuzumab outside the United States and Canada and of IMC-11F8 (a fully human EGFR-targeted IgG1 monoclonal antibody being developed by ImClone Systems) within the United States and Canada through the granting of certain reciprocal rights, including the sharing of confidential technical information, officials said.
The agreements do not extend to key intellectual property rights in the United States and Canada, where ImClone Systems and its partner Bristol-Myers Squibb continue to hold exclusive licenses to key patents covering certain uses of EGFR-targeted monoclonal antibodies.
Merck is a Darmstadt, Germany, pharmaceutical company.
ImClone is a New York City biopharmaceutical company focused on cancer.
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