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SJ Berwin Advises NicOx S.A on the reacquisition of rights to glaucoma compound from Pfizer Inc

11 September 2009: SJ Berwin today announced that it has advised NicOx S.A, the emerging pharmaceutical company listed on the NYSE Euronext Paris, on an agreement with Pfizer Inc. The conclusion of the agreement sees NicOx reacquire the full development and commercialisation rights to compound PF-03287207, which has completed two phase 2 studies in patients with glaucoma.

Under the new agreement, NicOx is also regaining rights to certain NicOx technology and a number of novel research stage compounds with potential application across a broad range of eye diseases. Such diseases, some of which currently have no effective treatment, affect millions of people worldwide and can lead to impaired vision or total blindness.

The new agreement provides NicOx with rights to access and use certain proprietary Pfizer Xalatan® development information and cross-refer to Xalatan® regulatory filings, which could be important for the potential future development and regulatory filing of PF 03187207. Pfizer will also provide temporary technical support to help the transition to any further clinical program. In return, NicOx has agreed to pay Pfizer two undisclosed milestones, in addition to royalties on future sales.

The agreement announced today supersedes and concludes two previous agreements with Pfizer on which SJ Berwin had advised NicOx.

Andrew Shindler, a partner in SJ Berwin's Pharmaceutical group, who has acted for NicOx since its formation and advised it on the agreement (assisted by Greg France) commented:

“This is the latest in a series of transactions we have concluded for NicOx with large and medium size pharmaceutical companies over the last eight or nine years. It was, as ever, a pleasure working with NicOx on this transaction, which we hope leads to a successful outcome for the company and for future patients."

Dr Gavin Spencer, NicOx's Vice President Business Development, added:

“SJ Berwin, and in particular Andrew Shindler, have been key members of the negotiation teams for NicOx in a succession of deals. The continuity of high-quality legal support, integrated into the negotiation process, has been instrumental in the conclusion of this deal. We look forward to continuing to work with them as NicOx works towards becoming a commercial organisation.”

Pfizer was represented by its in-house legal team.

- ENDS -

Contact
Andrew Shindler
Partner
T: +44 (0)207 111 2658, E: andrew.shindler@sjberwin.com

Dawn Holden
Business Development Manager
T: +44 (0)207 111 5340, E: dawn.holden@sjberwin.com

Notes to Editors

1. SJ Berwin is an international law firm with more than 170 partners and 500 other lawyers based in 11 offices in Europe, East Asia and the Middle East.

2. SJ Berwin has a very active and highly rated Pharmaceuticals & Lifesciences group advising on a wide range of legal issues from licensing in and out of pharmaceutical products; advising on and drafting R&D and distribution agreements; contentious and non-contentious intellectual property related work, pharmaceutical regulatory law (in particular the application of EU pharmaceutical legislation, and anti-trust and unfair competition); product liability claims, and a wide spectrum of associated corporate and commercial advice relating to the pharmaceutical world.

3. Our clients are sophisticated buyers of legal services, principally multi-national and entrepreneurial companies and financial institutions, which we advise on a comprehensive range of matters including corporate finance, private equity, commercial, real estate, finance, reconstruction and insolvency, financial services and regulation, intellectual property, investment funds, litigation and dispute resolution, employment and pensions, EU and competition and tax.

4. We have won numerous awards for the quality of our work, our attention to developing our people and our social responsibility. Recent recognition includes:

· European Law Firm of the Year (Fund Formation) at the Private Equity International Awards 2008

· Real Estate Team of the Year at the Legal Business Awards 2009

· LBO Team of the Year and Best Overall Law Firm in France at the ACQ Finance Awards 2008

· Winner - FT Innovative Lawyers Awards 2008 - Responsible Business

· Pro Bono Team of the Year at The Lawyer Awards 2008

· HR Team of the Year and Most Effective Internal Communication at The Lawyer HR Awards 2009

5. More information on SJ Berwin, including its history, people, services and activities, can be found at www.sjberwin.com

NicOx (Bloomberg: COX:FP, Reuters: NCOX.PA) is a product-driven biopharmaceutical company dedicated to the development and future commercialization of investigational drugs for unmet medical needs. NicOx is applying its proprietary nitric oxide-donating technology to develop an internal portfolio of New Chemical Entities (NCEs) in the therapeutic areas of inflammatory and cardio-metabolic disease.

Resources are focused on the development and pre-commercialization activities for naproxcinod, a proprietary NCE and a first-in-class Cyclooxygenase-Inhibiting Nitric Oxide-Donating (CINOD) anti-inflammatory agent for the relief of the signs and symptoms of osteoarthritis. Naproxcinod has completed three pivotal phase 3 studies with positive results and regulatory submissions are projected for Q3 2009 for a New Drug Application (NDA) to the US Food and Drug Administration (FDA) and Q4 for a Marketing Authorization Application (MAA) to the European Medicines Agency (EMEA).

Beyond naproxcinod, NicOx has a pipeline containing multiple nitric oxide-donating NCEs, which are in development internally and with partners, including Merck & Co., Inc., for the treatment of prevalent and underserved diseases, such as atherosclerosis, hypertension, widespread eye diseases and respiratory diseases.

NicOx S.A. is headquartered in France and is listed on the NYSE Euronext Paris (Compartment B: Mid Caps).

http://www.nicox.com

CONTACTS:

NicOx: Karl Hanks Director of Investor Relations and Corporate Communication
Tel +33 (0)4 97 24 53 42 • hanks@nicox.com

Media in the United States – FD Robert Stanislaro • Tel +1 212 850 5657 • robert.stanislaro@fd.com

Irma Gomez-Dib • Tel +1 212 850 5761 • irma.gomez-dib@fd.com

Media in Europe – Citigate Dewe Rogerson David Dible • Tel +44 (0)207 282 2949 david.dible@citigatedr.co.uk 
Nina Enegren • Tel +44 (0)207 282 1050 • nina.enegren@citigatedr.co.uk 

 


 

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