November 8, 2011 Jeff George Sandoz AG Lichtstrasse 35 CH-4058 Basel Switzerland Don DeGolyer Sandoz Inc. Princeton, New Jersey 08540Allocation of Preliminary Injunction Bond Liability • February 28th, 2012 • Momenta Pharmaceuticals Inc • Biological products, (no disgnostic substances)
Reference is hereby made to the Collaboration and License Agreement (the “Agreement”) entered into as of November 1, 2003 by and among Sandoz AG (via assignment from Sandoz N.V. (f/k/a Biochemie West Indies N.V.)), Sandoz Inc. (f/k/a Geneva Pharmaceuticals, Inc.) (collectively, “Sandoz”) and Momenta Pharmaceuticals, Inc. (“Momenta”) (Sandoz or Momenta, a “Party”, and together, the “Parties”). Reference is also made to the letter agreement attached hereto (the “Amphastar Litgation Letter”) dated September 22, 2011 among the Parties relating to the mechanics, lead role, allocation of costs, and allocation of damages or settlements pursuant to Section 8.7 of the Agreement in relation to the patent infringement suit filed by Momenta and Sandoz against Amphastar Pharmaceuticals, Inc., Watson Pharmaceuticals, Inc. and/or their appropriate subsidiaries, affiliates, agents and distributors (the “Amphastar Litigation”) as well as the letter referenced therein dated December 1, 2010 and executed
