ABII » Topics » Abraxane SIZE="1"> ® Co-Promotion

This excerpt taken from the ABII 10-K filed Mar 31, 2008.

AbraxaneSIZE="1">® Co-Promotion

On April 26, 2006, we entered into a Co-Promotion and Strategic Marketing
Services Agreement with AstraZeneca UK Limited, a wholly owned subsidiary of AstraZeneca PLC. Under the agreement:

 







 

 

Abraxis Oncology, one of our divisions, and AstraZeneca agreed to co-promote AbraxaneSIZE="1">® in the United States beginning on July 1, 2006 for a term of five and one-half years;

 







  

AstraZeneca paid to us a $200 million up-front signing fee in May 2006, which is being recognized as deferred revenue over the five and one half year term of the
agreement beginning July 1, 2006;

 







 

 

The parties are sharing in certain of the costs associated with advertising and promoting AbraxaneFACE="Times New Roman" SIZE="1">® in the United States and the cost of certain clinical trials that are part of the product’s overall clinical development program. Any reimbursement from AstraZeneca relating to the cost
sharing will be recorded as a reduction of operating expenses;

 







 

 

we will supply Abraxane® during the five and one half year
term;

 







 

 

we will pay AstraZeneca a 22% commission on U.S. net sales of AbraxaneSIZE="1">® during the term of the agreement, with a trailing commission of ten percent for the first year and five percent for the second year following the end of the five and one half year term. The related commission expense
is recorded as a component of selling, general and administrative expenses. Payments commenced in November 2006; and

 







 

 

we will be entitled to receive certain milestone payments from AstraZeneca in the event of FDA approvals for new
indications for Abraxane® are obtained within specific timelines.

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%;padding-bottom:3px;line-Height:95%; vertical-align:top">Also, under the terms of this agreement, we granted AstraZeneca a right of first offer to license
or co-promote Abraxane® outside the U.S., other than in certain countries, should we seek to license or co-promote Abraxane®
outside of the U.S. and a right of first offer to license or co-promote nab™-docetaxel in the U.S. and certain other countries should we seek to license or co-promote nab™-docetaxel in those countries.

STYLE="margin-top:18px;margin-bottom:0px">5. Accrued Liabilities

Accrued liabilities consisted
of the following at:

 

























































































   December 31,
  2007  2006
   (in thousands)

Sales and marketing

  $15,466  $9,983

Payroll and employee benefits

   12,249   6,733

Legal and insurance

   12,234   1,035

RSU Plan II—Short term

   12,614   9,670

Other

   2,364   2,486
        
  $54,927  $29,907
        

Additionally, legal-related expense of $23.8 million is accounted for in selling, general and
administrative expense for the year ended December 31, 2007.

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