- 8 -
agreement valued at $200,000, goodwill valued at $4,490,000,
contract rights valued at $5,000, and records valued at $5,000;
Alcon Labs sold to MedChem P.R. receivables valued at $1.3
million and inventory valued at $2.5 million. Under the second
agreement, Alcon P.R. sold to MedChem U.S.A. patents and related
know-how valued at $2.6 million, trademarks valued at $1.9
million, various Food and Drug Administration (FDA) approvals
(including the pre-market approval for Avitene) valued at
$300,000, a non-competition agreement valued at $200,000,
goodwill valued at $4,910,000, and contract rights valued at
$5,000. Under the third agreement, Alcon P.R. sold to MedChem
P.R. inventory valued at $10.1 million and machinery and
equipment valued at $800,000; the machinery and equipment had
been used by Alcon P.R. to manufacture Avitene and was located in
Alcon P.R.’s Avitene manufacturing facility in Humacao, Puerto
Rico (Humacao). That facility consisted of the Avicon (Avitene)
plant, two unrelated plants, warehouse space, and administrative
offices.
Each of the asset purchase agreements required that the
Alcon Entities manufacture and sell to petitioners 20,000 pounds
of corium and provided that the Alcon Entities had to refund to
petitioners the entire amount paid for the Avitene business, plus
interest, if the corium could not be manufactured by December 31,
1990. At all times during the 3-year period ended August 31,
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011