Emisphere Technologies, Inc.
Emisphere Technologies, Inc.
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Oral Parathyroid Hormone
In March, 2006 Emisphere Technologies, Inc. announced that Novartis has executed its license option for the development and commercialization of an oral parathyroid hormone (PTH) using Emisphere's eligen® delivery technology. Emisphere is eligible for milestone payments totaling up to a maximum of $30 million, plus royalties on sales of the product. Recombinant PTH, currently approved for the treatment of osteoporosis, is available only by injection.

This license agreement marks the third between the two companies: In 2000, Emisphere and Novartis entered into a license agreement for the development of oral salmon calcitonin, and a second agreement followed in 2004, for the development of oral human growth hormone.

The decision to execute the license follows the January 6, 2006, U.S. Federal Court decision in Indianapolis favoring Emisphere in its litigation with Eli Lilly and Company ("Lilly"). The Court agreed with Emisphere that Lilly had indeed breached the agreement in multiple areas and that the PTH agreement between Lilly and Emisphere was indeed terminated.

In exchange for the option right, Emisphere received from Novartis in 2004, $10 million in the form of a convertible note. Repayment can be in cash or stock, at Emisphere's option. The stock price will be set at the time of conversion.