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Acrux To Regain Testosterone Spray Rights From Vivus

Acrux, an Australian drug delivery company, has reported important developments in the dispute between FemPharm (a wholly owned subsidiary of Acrux Limited) and Vivus, the US licensee for Acrux’s testosterone spray for women (trademarked Luramist by Vivus).

Reportedly, Vivus failed to start the Luramist Phase 3 trial by the outside date of 1 April 2010 that was set by the independent arbitration panel, convened by the Judicial Arbitration and Mediation Service (JAMS) in California. Consequently on 29 March 2010, FemPharm referred the matter back to the panel, requesting a further hearing.

Additionally, Vivus has provided notice to terminate the license agreement with Acrux. On termination, the US rights to the testosterone spray will return to FemPharm, which will then own and control worldwide rights to the product.

Richard Treagus, CEO of Acrux, said: “We are very pleased that Acrux will now be able to control the development and commercialisation of our novel testosterone spray for women. We have always believed that it has the potential to generate very strong commercial returns for Acrux, being potentially the best-in-class product in a billion dollar market.”