Tenax Therapeutics Announces Global License Amendment that Significantly Expands Rights to Levosimendan
Tenax Therapeutics, Inc. secures global rights to levosimendan for treating pulmonary hypertension with heart failure with preserved ejection fraction, expanding territory from North America to worldwide. The agreement with Orion Corporation includes improved net sales royalty rates, modified milestone provisions, and exclusion of neurological indications from Tenax's right of first negotiation for new levosimendan applications.
Positive
Tenax gains global development, commercial, and IP rights for oral and subcutaneous levosimendan for PH-HFpEF
Tiered net sales royalty rates now range from high single-digit to low-teen percentages
Milestones payable to Orion based on net sales targets and regulatory approvals, with an additional payment upon regulatory approval in Japan
Improved terms related to transfer price/cost of goods
Tenax retains right of first negotiation for new levosimendan applications except for neurological indications
The expansion of Tenax Therapeutics' license agreement to include global rights for levosimendan, specifically for PH-HFpEF, represents a strategic move to capitalize on a multi-billion dollar market opportunity . By securing not just North American but worldwide commercialization rights, Tenax has significantly broadened its potential revenue base. The improved royalty rate structure, which now spans from high single-digit to low-teen percentages, suggests a favorable renegotiation that could enhance profit margins on sales of levosimendan.
From a business perspective, the amendment has several implications. First, the lowered maximum cost of goods could mean reduced expenses associated with the production and distribution of the drug, thereby potentially increasing the gross margin. Second, the modified milestone payments , especially the addition of a specific milestone for regulatory approval in Japan, underscore the importance of the Japanese market, which is often seen as a critical region for pharmaceutical companies due to its size and regulatory framework.
Lastly, the exclusion of neurological indications from Tenax's right of first negotiation suggests a strategic focus on cardiovascular applications of levosimendan, which may streamline the company's development efforts and strengthen its position within this therapeutic area. Stakeholders should monitor the progress of the Phase 3 trials and any additional IP protections secured, as these will be critical in determining the long-term success of the drug and its impact on Tenax's financial performance.
The pursuit of additional IP protection for levosimendan in key countries is a crucial step in safeguarding Tenax's competitive advantage in the PH-HFpEF market. Intellectual property rights serve as barriers to entry for competitors and can be a significant driver of value for pharmaceutical companies. By collaborating with Orion to secure these rights, Tenax is not only protecting its investment but also potentially extending the commercial lifespan of levosimendan.
IP protection in the pharmaceutical industry often includes patents on the drug compound, its formulations and specific uses. Tenax's focus on securing IP around the world indicates a proactive approach to maximize exclusivity in the marketplace. This strategy could result in long-term revenue streams from various global markets and may provide leverage in negotiating with potential strategic partners.
Investors should consider the strength and breadth of the IP portfolio as a key factor in the company's valuation. The ability to defend these rights against infringement will be instrumental in realizing the full potential of Tenax's expanded license agreement with Orion.
The PH-HFpEF market represents a significant therapeutic area with high unmet medical needs, indicating a substantial patient population and potential demand for effective treatments like levosimendan. Tenax's global rights acquisition aligns with the growing trend of pharmaceutical companies seeking to expand their market reach to maximize drug accessibility and profitability.
Understanding the market dynamics, such as the prevalence of PH-HFpEF, regulatory hurdles and the competitive landscape, will be essential for Tenax as it navigates global commercialization. The decision to prioritize the Japanese market through specific milestone payments reflects an awareness of the strategic importance of regulatory approval in Japan, which is known for its rigorous approval process but also for its lucrative market potential for new drugs.
While the expansion of rights is a positive development, it is also important to consider the challenges of entering diverse markets with different healthcare systems, regulatory environments and cultural attitudes towards medication. Tenax's ability to adapt its commercial strategy to these varying conditions will be critical in realizing the full value of its global commercial rights.
02/20/2024 - 08:30 AM
Amendment to existing exclusive license agreement with Orion Corporation expands Tenax’s territory rights from North America, to the entire world Expanded rights position Tenax to engage potential global strategic pharmaceutical partners Improved net sales royalty rate structure, now ranging from high single-digit to low-teen percentages. Lowered maximum cost of goods Modified milestone provisions, including additional payment for regulatory approval in Japan, reflect multi-billion dollar global PH-HFpEF opportunity Neurological indications excluded from Tenax’s right of first negotiation to commercialize new applications of levosimendan developed by Orion CHAPEL HILL, N.C., Feb. 20, 2024 (GLOBE NEWSWIRE) -- Tenax Therapeutics, Inc. (Nasdaq: TENX), a Phase 3, development-stage pharmaceutical company focused on identifying, developing and commercializing products that address cardiovascular and pulmonary diseases with high unmet medical need, today announced it has secured global development, commercial, and IP rights to oral and subcutaneous levosimendan for the treatment of pulmonary hypertension with heart failure with preserved ejection fraction (PH-HFpEF).
“We are delighted to enter into this important amendment to our license from Orion. We have achieved a key corporate objective by expanding our development, IP, and commercial territory rights for levosimendan beyond North America,” said Chris Giordano, President and Chief Executive Officer of Tenax Therapeutics. “By gaining these worldwide rights, we are now positioned to realize a much larger share of this unique and exciting cardiovascular medicine’s value, including through the possible establishment of a global strategic alliance.”
To further maximize the value of these new global commercial rights, Tenax continues to collaborate with Orion in pursuit of additional IP protection for levosimendan use in PH-HFpEF in numerous key countries where Tenax now holds the commercial rights. Tenax hopes to provide additional updates in the coming months regarding additional international IP protection.
Effects of the amendment:
Tenax gains global development, commercial, and IP rights for oral and subcutaneous formulations in PH-HFpEF Tiered net sales royalty rates, ranging from high single-digit to low-teen percentages, are payable to Orion Milestones are payable to Orion based on achievement of net sales targets and certain regulatory approvals, including an additional milestone payment due upon regulatory approval in Japan Improved terms related to transfer price/cost of goods Tenax’s right of first negotiation to commercialize new applications of levosimendan developed by Orion no longer applies to neurological indications, while Tenax retains such right for all other indications. “Our efforts to secure global commercial rights and leverage the additional potential IP protection around the world enable us to build significant shareholder value as we advance levosimendan into Phase 3 testing,” said Mr. Giordano.
About the Phase 3 LEVEL Study ( NCT05983250 )
About Levosimendan (TNX-101, TNX-102, TNX-103)
About Tenax Therapeutics
Tenax Therapeutics, Inc. is a Phase 3, development-stage pharmaceutical company focused on identifying, developing, and commercializing products that address cardiovascular and pulmonary diseases with high unmet medical need. The Company owns global rights to develop and commercialize I.V., subcutaneous, and oral formulations of levosimendan. Tenax also is developing a unique oral formulation of imatinib. For more information, visit www.tenaxthera.com. Tenax’s common stock is listed on The Nasdaq Stock Market LLC under the symbol “TENX”.
Caution Regarding Forward-Looking Statements
Except for historical information, all of the statements, expectations and assumptions contained in this press release are forward-looking statements. These forward-looking statements may include information concerning possible or projected future business operations. Actual results might differ materially from those explicit or implicit in the forward-looking statements. Important factors that could cause actual results to differ materially include: our need to raise additional funds to pursue our business; risks related to our business strategy, including the prioritization and development of product candidates; intellectual property risks; risks of our clinical trials, including, but not limited to, the timing, delays, costs, design, initiation, enrollment, and results of such trials; any delays in regulatory review and approval of product candidates in development; reliance on third parties, including Orion Corporation, our manufacturers and CROs; risks regarding the formulation, production, marketing, customer acceptance and clinical utility of our product candidates; our estimates regarding the potential market opportunity for our product candidates; the potential advantages of our product candidates; our competitive position; risks related to our continued listing on Nasdaq; our ability to maintain our culture and recruit, integrate and retain qualified personnel and advisors, including on our Board of Directors; volatility and uncertainty in the global economy and financial markets in light of the COVID-19 pandemic or similar health epidemics and geopolitical uncertainties such as in Ukraine; changes in legal, regulatory and legislative environments in the markets in which we operate and the impact of these changes on our ability to obtain regulatory approval for our products; and other risks and uncertainties set forth from time to time in our SEC filings. Tenax Therapeutics assumes no obligation and does not intend to update these forward-looking statements except as required by law.
Contacts
Investor Contact:
Brian Mullen
What rights did Tenax Therapeutics secure in the agreement with Orion Corporation?
Tenax gained global development, commercial, and IP rights for oral and subcutaneous levosimendan for treating pulmonary hypertension with heart failure with preserved ejection fraction.
What are the net sales royalty rates under the amended agreement?
The net sales royalty rates now range from high single-digit to low-teen percentages.
What milestones are payable to Orion under the agreement?
Milestones are payable based on net sales targets and regulatory approvals, including an additional payment upon regulatory approval in Japan.
What improvements were made in terms related to transfer price/cost of goods?
The agreement includes improved terms related to transfer price/cost of goods.
Which indications are excluded from Tenax's right of first negotiation for new levosimendan applications?
Neurological indications are excluded from Tenax's right of first negotiation, while Tenax retains such right for all other indications.
