|
Post by bradleysbest on Jan 15, 2016 12:31:01 GMT -5
Wonder if that same company suing SNY has an interest in MNKD's situation ?
|
|
|
Post by kball on Jan 15, 2016 13:56:48 GMT -5
Genzymes contract had more favorable wording for their lawsuit than does Mannkinds contract for a similar suit (i would think and leave it up to lawyers here for their opinions).
Mannkind contract said "reasonable" efforts Genzyme contract with Sanofi had "diligent" efforts.
|
|
|
Post by factspls88 on Jan 15, 2016 14:13:29 GMT -5
Sadly I believe Al went with Sanofi because he trusted them not to sandbag. Live and learn - even at age 90.
|
|
|
Post by lorcan458 on Jan 15, 2016 14:58:10 GMT -5
Genzymes contract had more favorable wording for their lawsuit than does Mannkinds contract for a similar suit (i would think and leave it up to lawyers here for their opinions). Mannkind contract said "reasonable" efforts Genzyme contract with Sanofi had "diligent" efforts. When the lives and health of millions are potentially at stake, I think we can make a case that it is reasonable to be diligent.
|
|
|
Post by lakers on Jan 15, 2016 15:00:19 GMT -5
Genzymes contract had more favorable wording for their lawsuit than does Mannkinds contract for a similar suit (i would think and leave it up to lawyers here for their opinions). Mannkind contract said "reasonable" efforts Genzyme contract with Sanofi had "diligent" efforts. Sanofi's effort was far from Commercially Reasonable due to Conflict of Interest. Their effort was more like sandbagging effort. The lawyer and jury just need to compare it to Pfizer's effort on Exubera, and Sanofi's effort on Toujeo, Apidra, Lantus. Mnkd has a very strong case w/ ample evidence here, good leverage for large settlement or a full blown muti-billion suit.
|
|
|
Post by mindovermatter on Jan 15, 2016 15:06:12 GMT -5
Genzymes contract had more favorable wording for their lawsuit than does Mannkinds contract for a similar suit (i would think and leave it up to lawyers here for their opinions). Mannkind contract said "reasonable" efforts Genzyme contract with Sanofi had "diligent" efforts. Sanofi's effort was far from Commercially Reasonable due to Conflict of Interest. Their effort was more like sandbagging effort. The lawyer and jury just need to compare it to Pfizer's effort on Exubera, and Sanofi's effort on Toujeo, Apidra, Lantus. Mnkd has a very strong case w/ ample evidence here, good leverage for large settlement or a full blown muti-billion suit. Mannkind has yet to think that hence no law suit. I think this will be amicably resolved with a check for many millions to MNKD to soften the blow of the break up.
|
|
|
Post by mindovermatter on Jan 15, 2016 15:11:15 GMT -5
What I don't understand is why not going on another year ? If You want to take out from the market a product why You prefer to give it back immediately instead of going on with slow launch and doing nothing with insurance ? OK You can put in Your budget some 100s millions more for a lawsuite but then You are sure about Your target.
First users seems all impressed ! If the problem was their basal products they could buy Afrezza (not for sale, sure) considering also they were aware of the results from first users. SNY knows very well that in the long term what they are going to loose with their basal portfolio will generate much and much more income from concurrency basal products .....
And they could also take their hands on the TS pipeline !!!!!!
No no.... There is another side of the plate that is still not visible !
If another partnership will be done in the future, never again imo with exclusivity ! MNKD should start now and always keep his hands on the marketing side. Please Mr. Mann don't give another change to Afrezza with other BPs as MRK, NVO, LLY and friends ! Sanofi, as many other pharmas have realized, that inhaled insulin is a hard sale. And obviously not many find TS that appealing (enough- edit) and why there are no other TS deals to date.
|
|
|
Post by liane on Jan 15, 2016 15:13:16 GMT -5
And obviously not many find TS that appealing and why there are no other TS deals to date. And your proof of this is what???
|
|
|
Post by mindovermatter on Jan 15, 2016 15:15:50 GMT -5
And obviously not many find TS that appealing and why there are no other TS deals to date. And your proof of this is what??? Other than Afrezza deal, that just ended in ashes, what other TS deal is there? We were told one is pending but pending isn't a deal. We know there has been interest but the appeal of it to actually strike up a deal has been almost non existent with just Afrezza. Show ME THE DEALS!
|
|
|
Post by od on Jan 15, 2016 15:21:06 GMT -5
I am apprehensive about this post, because no doubt, I will get hammered...
When someone posts definitive proof that SNY 'sandbagged' Afrezza, I will join the chorus calling for action. Until then, to me, it is just finger-pointing.
|
|
|
Post by liane on Jan 15, 2016 15:23:21 GMT -5
Afrezza was to be the flagship, but it hasn't even had a fair chance at marketing. I don't think it's fair to say TS is not appealing if not many have seen the true power of the platform.
|
|
|
Post by mindovermatter on Jan 15, 2016 15:30:23 GMT -5
Afrezza was to be the flagship, but it hasn't even had a fair chance at marketing. I don't think it's fair to say TS is not appealing if not many have seen the true power of the platform. I don't disagree with you about Afrezza. And I am not suggesting I think TS isn't appealing but suggesting that other biotechs or pharmas didn't find it appealing enough to move forward. Could be that the real problem is that many didn't want to deal with Al or that Mannkind wasn't ready to take on another project due to Afrezza. We'll never know. But we do know that outside of Afrezza, the TS platform hasn't taken off in over a decade. We shall see if that changes moving into 2016.
|
|
|
Post by mnholdem on Jan 15, 2016 15:38:18 GMT -5
In my opinion, MannKind began visibly advertising what is in its Technosphere pipeline when Dr. Urbanski presented his PowerPoint slide listing twelve API candidates. MannKind has previously listed areas of medical need on its Technosphere capabilities web page, but this is the first time they have displayed the API list. I have always wondered how they managed to market themselves to pharmas without publishing potential drug candidates by at least their generic names.
|
|
|
Post by matt on Jan 15, 2016 15:54:36 GMT -5
Sanofi's effort was far from Commercially Reasonable due to Conflict of Interest. Their effort was more like sandbagging effort. The lawyer and jury just need to compare it to Pfizer's effort on Exubera, and Sanofi's effort on Toujeo, Apidra, Lantus. Mnkd has a very strong case w/ ample evidence here, good leverage for large settlement or a full blown muti-billion suit. What you are suggesting is a misstatement of the legal standard for "commercially reasonable". It is an all facts and circumstances test from SANOFI'S viewpoint that the project did not require or warrant more effort. You cannot compare the effort on three Sanofi-owned products to a in-licensed product with different economics. You may very well expend more effort on something if you stood to make 100% of the profit versus 65%. Likewise, Pfizer was a different product in a different time. Exhubera failed its launch, Lilly and Novo both pulled their inhaled insulins, so how much effort is reasonable for a fourth to market inhaled insulin product? The bottom line is that MNKD gave away the shop by giving Sanofi absolute control over pricing and agreed to waive any damages except for breaches of the confidentiality agreement. That provision alone is enough for MNKD to lose on a summary judgment for failure to state a claim for which relief can be granted.
|
|
|
Post by dictatorsaurus on Jan 15, 2016 15:59:39 GMT -5
When someone posts definitive proof that SNY 'sandbagged' Afrezza, I will join the chorus calling for action. Until then, to me, it is just finger-pointing. If by definitive proof you mean SNY coming out and publicly stating they sandbagged Afrezza, that ain't happening. There's overwhelming evidence out there. Toujeo ads played over 800 times on TV last year. How many Afrezza TV ads aired? Big fat ZERO!
|
|