RE: Avion Deal11 Jan 2026 14:16
OTM
This was my understanding of the 2019 Agreement which I posted some while ago, copied below:
(A) the original Agreement with Avion for jointly developing Lupus AND
(B) the new P140 Patent which includes, EXTREMELY IMPORTANTLY, the Diagnostic patent that was recently filed
THE ABOVE CREATES A DISTINCT TWO TIER STRUCTURE, IN MY VIEW, FOR THE US MARKET, BETWEEN THE ESTABLISHED DRUG RIGHTS AND THE NEW DIAGNOSTIC INTELLECTUAL PROPERTY (IP). I believe because of the complexities involved, we have not heard Tim mention a word about the US.
Taking the above (A) and (B) in a bit more detail, what we have is:
(A) US THERAPEUTIC RIGHTS (LUPUS + OTHER INDICATIONS)
(I) LUPUS - Under the 2019 Agreement, Avion has the right to exploit P140 for the development of LUPUS.
(ii) The Agreement has a "Future Indications" Clause under which Avion is allowed to "explore" other indications in the US 'UNDER THE EXISTING P140 THERAPEUTIC IP'.
PLEASE TAKE NOTE THAT THE AGREEMENT DOES NOT STATE FUTURE INDICATIONS UNDER ANY FUTURE IP
(B) THE NEW PATENT FILED IN SEPTEMBER 2025
This introduces a new diagnostic test to identify "Type M Responders". THIS WAS NOT PART OF THE ORIGINAL 2019 AGREEMENT.
1) I believe that because the Diagnostics is a NEW IP distinct from the original therapeutic patent, Avion DOES NOT automatically have the rights to this test and does not automatically own