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APPENDIX A
Pre-Sec. 936(a)(2)(B) Test Period (1987 to Aug. 31, 1989)
Dec. 18, 1987 Petitioners buy the Avitene business from
Alcon P.R., and Alcon P.R. agrees to (and
ultimately does) manufacture Avitene for
MedChem P.R. for the 3-year period ended Dec.
31, 1990.
Feb. 29, 1988 MedChem P.R. hires Mr. Perez and establishes
a one-room office in Humacao.
June 21, 1989 MedChem P.R. purchases land for the
construction of an Avitene manufacturing
facility in Puerto Rico.
Sec. 936(a)(2)(B) Test Period (Sept. 1, 1989, to Aug. 31, 1992)
Feb. 2, 1990 District Court issues preliminary injunction
as to MedChem U.S.A.’s manufacture and sale
of Amvisc. MedChem P.R. writes off
capitalized expenses relating to its proposed
facility in Puerto Rico. Unipro notified to
stop work on that facility.
Feb. 28, 1990 MedChem U.S.A. initiates plans to locate an
Avitene manufacturing facility into its idled
Amvisc facility in Woburn during the fall of
1990.
June 30, 1990 Petitioners move their bulk flour
manufacturing equipment from Humacao to
Woburn. Mr. Perez terminated, Humacao office
closed, and records shipped to Woburn. Kelly
hires Mr. Castro to replace Mr. Perez as
Avitene planner/buyer.
July 1, 1990 MedChem U.S.A. personnel in Woburn write all
MedChem P.R. checks and mail those checks to
the payees. MedChem U.S.A.’s personnel in
Woburn approve and pay from MedChem P.R. bank
account all invoices delivered to MedChem
P.R.
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