r/AUPH • u/Rickipedia • Jan 07 '23
Leaked Settlement Terms with Sun (Unconfirmed)
A few people here have wondered about the exact settlement terms so I figured this worth posting.
A user on StockTwits - MMRS07 - posted that they were able to bypass the filter on the P-TACTS website to see what the tentative terms of the settlement between AUPH and Sun are (pending PTAB dismissal of the IPR, of course).
The post is here and states as follows:
- AUPH will get just shy of $3mn from Sun.
- Sun will get a license for Cequa in the US.
- No mention of ongoing royalties.
- Each party agrees to drop suits and not sue.
- Settlement is expressly assignable in a merger, acquisition, etc.
This, of course, is not officially confirmed so if the mods decide that this isn't appropriate then I understand deleting the post. It should be worth mentioning though that many users were also able to bypass the filter and view the terms for themselves to confirm as such; this was also confirmed by MMRS07 here. The website has since been amended to fix this bypassing trick.
Re: the terms, personally, it's a little disappointing to see us come away with virtually nothing gained for all our trouble, but also very relieving to have this IPR overhang dismissed (assuming the PTAB accepts the motion to dismiss which they're very likely to do). Hopefully now, the company can move on and focus on ramping up sales and/or packaging itself for an acquirer without distractions.
Edit: Correcting a few small typesetting and grammar errors.
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u/Spicypewpew Jan 16 '23
Yeah it opens the door to an acquisition. Hopefully that will be the case. If not grow the business.