Royalty Report: Scientific & Technical Instruments, Test/Monitoring, Energy & Environment – Collection: 130441

Licensor hereby grants to the Hong Kong Licensee, a license to use the Licensor Sensor Technology solely to incorporate such Licensor Technology into any existing or future Licensee product manufactured or to be manufactured by Licensee or its designated supplier that incorporate Licensor Products.

Phase One shall commence as of the date hereof and shall continue until the completion of the activities of the validation of the merchantability of Licensor products to the Licensee Application markets.

Phase Two, upon the completion of Phase One and Phase One producing satisfactory results as agreed upon by both parties.  

It is understood that this Agreement shall remain nonexclusive until Licensee meets certain financial requirements.  In order to gain exclusivity, Licensee must meet its first year of royalty payments.

LICENSOR’S PRODUCTS. The Licensor’s Products includes the MyDx Sensor and the MyDx Analyzer, an automated and portable electronic device and associated software and algorithms that can be used for the simultaneous extraction, separation, detection and reporting of compounds of interest that can be extracted from any sample and exposed to sensors for detection and analysis.

The contingent liability arose as a result of an acquisition of the Licensor.

The Licensee designs, manufactures, markets, and services products primarily for specialized applications in the analytical instruments markets, including sample preparation, detection, measurement, and monitoring instruments used to analyze chemical compounds.  Licensee provides innovative products for chemical analysis. The Company's products perform detection, analysis, measurement, and monitoring applications in food, beverage, pharmaceutical, semiconductor, power generation, chemical, petrochemical, and chemical treatment and security industries.

Universal Gas Sensor Patent Application Filed Non-provisional United States patent application entitled A Universal Gas Sensor for the Selective Detection of Toxic Chemicals and Combustable Gases

The Licensee's sensors are used for detection of hydrogen, the most plentiful element on the earth. Hydrogen is one of two major elements of water, which covers over 60% of the planet.

Licensor grants the nonexclusive worldwide right and license, under the Licensed Patents and Licensor Technical Information, to manufacture, have made, use, develop, sell, and have sold Licensed Products within the Military Field in the Territory during the Agreement Term.

Amplification/Detection Technology means Licensors technologies for facilitating the process of chemically multiplying the numbers of target sequences of DNA or RNA in order to facilitate their identification or detection using fluorescent labels or similar approaches.

Applicable Cepheid technologies include, but are not limited to I-CORE Modules, reaction tubes, and proprietary Reagents.

Fluidics/Lysing Technology means Licensors technologies for fluid handling and processing as applied to the preparation of samples for DNA or RNA based analysis, including filtration, lysing of cells or cellular organisms, capture and purification of DNA or RNA, mixing of sample with Reagents, and delivery to a reaction tube or chamber.

Hand-Held System means an integrated system for detection of DNA or RNA sequences that employs PCR or other thermally controlled nucleic acid amplification methods; contains between one and eight reaction sites; carries out the processes of amplification, detection, analysis, reporting, and user interface all in one case or housing; is capable of operating on battery power; and may or may not employ fluidic sample preparation cartridges that are designed for integrated use with the system.

I-CORE Module means a Licensor proprietary nucleic acid amplification Module comprised of a single site, discrete, individually controllable heater sleeve containing a heater element and designed to accept a disposable reaction tube or cartridge, an integrated cooling mechanism, such as a fan, that enables passage of ambient or cooled air across the heater sleeve, and optical blocks containing solid state components that enable optical interrogation of the reaction solution in the reaction tube or cartridge, as it may be modified and improved from time to time.

Integrated Military Bioagent Detection System means a system comprised of distinct component parts, each capable of carrying out a specific phase of a complete field-based, non-laboratory-based analysis for the presence of Bioagents, with component parts that include, but are not limited to, sample collection (usually air samples) component, nucleic acid-based analysis component (identifier), and reporter/data transmitter component.

Patents relate to Amplification/Detection Technology, and, Fluidics and/or Lysing Technology.

The Licensed Fields means the DP Field and the Military Field.  DP Field in this Agreement, means Hand Held Systems for the domestic preparedness and military markets.  Military Field means Integrated Military Bioagent Detection Systems for use by governmental military customers only for the detection of Bioagents, excluding Hand-Held Systems.

Licensor and Licensor grant to Irish Licensee a limited, non-exclusive, non-transferable license to the Hydrogen Sensor Technology solely for use in the Technical Field and solely for the time period from July 1, 2005 until this Agreement is terminated, except as otherwise provided.

Hydrogen Sensor Product means any product, including but not limited to software, which incorporates the use of the ANI Hydrogen Sensor.

Hydrogen Sensor Technology means certain proprietary technology and know-how and improvements and enhancements developed, licensed, and/or owned by Licensor and/or Licensor related to the manufacture and use of Hydrogen Sensors, which includes, but is not limited to, the inventions disclosed in U.S. Patent Application Publication No. 2004 / 0070006A1, published April 15, 2004 under U.S. Patent Application No. 10 / 651,220 filed August 28, 2003 (the Application), and any other applications, continuations and foreign counterparts that may issue claiming in whole or in part the priority date of the Application, as well as all other confidential and proprietary information and know-how related to the design, manufacture and use of Hydrogen Sensors which has been provided or may be provided by Licensor and/or Licensor to Licensee over the course of their relationship.

The Licensee is an international company which operates primarily in the area of power products, transformer services, and emission monitoring products.

The second is an instrument that detects very small cracks in metals, The Electrochemical Fatigue Sensor.  Another product currently under development is the Company’s Videoscope, which provides visual access and simultaneously, certain non-destructive test sensors to remote locations.  It comprises a video detecting element and light source together with a working channel, through which certain non-destructive test sensors such as ultrasound and/or eddy current devices can be passed, to inspect visually or manually inaccessible regions of structures such as the interior of jet turbine engines.

USP 4,590,804 Device for Monitoring Fatigue Life
USP 4,639,997 Method of Making a Device for Monitoring Fatigue Life
USP 5,237,875 Metal Fatigue Detector
USP 5,319,982 Device for Monitoring the Fatigue Life of a Structural Member and a Method of Making Same
USP 5,425,274 Device for Monitoring the Fatigue Life of a Structural Member and a Method of Making Same

Additional Patent Numbers Patents 6,012,337

Patent Applications

09/404,931

09/481,289

09/430,093

US99/22,155

005-723-300

60/003,640

60/050,268

60/004,217

60/084,248

60/081,158