Tuesday, November 15, 2022
Relief Therapeutics Holding SA, and NRx Pharmaceuticals, Inc., today announced that they have entered into definitive settlement agreements to resolve their pending litigation. As part of the settlement, at a closing to be held within the next 30 days, (i) NRx Pharmaceuticals will transfer to Relief all of the assets that it previously used in its aviptadil development program, including its regulatory filings, patent applications, clinical data, and the formulation of the aviptadil product it was previously developing, (ii) Relief will have the exclusive right and control going forward and the obligation to use commercially reasonable efforts to develop and commercialize an aviptadil product, (iii) Relief has agreed to use commercially reasonable efforts to continue the existing Right to Try Program for aviptadil in the United States for at least 2 years, (iv) Relief will pay NRx Pharmaceuticals milestone payments if it can successfully obtain commercial approval of an aviptadil product (whether for COVID-19 or any other indication), (v) Relief will pay NRx Pharmaceuticals royalties based on a percentage of future sales of an aviptadil product (whether for COVID-19 or any other indication), up to a maximum of $30 million in the aggregate, (vi) NRx Pharmaceuticals has agreed not to compete in the development of an aviptadil product in the future, and (vii) at the closing, Relief and NRx Pharmaceuticals will dismiss their pending litigation. There can be no assurance that Relief will be successful at commercializing the aviptadil product.
