Esperion (ESPR) and Daiichi Sankyo Europe (DSNKY), announced a $125M amendment to their collaboration, which includes an amicable resolution to their commercial dispute and certain other adjustments to enhance the long-term value of their products. DSE has agreed to pay Esperion $100M in mid-January ahead of an anticipated Type II variation approval by the European Medicines Agency, or EMA, for Nilemdo Tablet and Nustendi Tablet. DSE will make an additional $25M payment to Esperion in the calendar quarter immediately following EMA’s decision on the pending application. The legal action pending in the United States District Court for the Southern District of New York will be dismissed. The parties also agreed, as part of the resolution: for Esperion to transition to DSE manufacturing and supply responsibilities in Europe and other territories, resulting in significant cost savings and efficiencies for both companies; to expand their collaboration in Europe and other territories, to include the potential development and commercialization of a triple formulation product comprising bempedoic acid, ezetimibe and a statin, which could represent significant long-term value for the collaboration; for DSE to now lead all regulatory communications with the EMA regarding the pending applications.
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