Royalty Report: Agriculture, Forestry and Fishing, DNA – Collection: 217383

License Grant

The Licensee was party to a license agreement with the Canadian Licensor related to the Licensees transgenic fish program. Under the terms of this agreement, the Licensee was required to make an annual royalty payment or revenue-based royalty payments on revenue generated from products that utilize the technology which is based on a molecular modification causing rapid growth in salmon, covered under the license agreement

License Property

The fish program is based upon a single, specific molecular modification in fish that results in more rapid growth in early development. This enables shorter production cycles and increased efficiency of production.

The patent for the licensed technology, which had been issued in certain salmon producing countries, expired in August 2013.

Field of Use

The Licensee is involved in sustainable and environmentally responsible aquaculture.

License Grant

The Company entered into in-license technology agreements with respect to the use and commercialization of three of their commercially available product lines, Regalia, Grandevo and Zequanox, and certain products under development.

License Property

Regalia is for controlling plant disease and increasing plant health, Grandevo for insect and mite control and Zequanox selectively controls invasive mussels that cause significant infrastructure and ecological damage across a broad range of in-pipe and open-water applications, including hydroelectric and thermoelectric power generation, industrial applications and recreation.

Field of Use

This agreement pertains to the agriculture industry.  A portfolio of products that address the growing global demand for effective, efficient and environmentally responsible products to control pests, increase crop yields and reduce crop stress.

License Grant

Licensor hereby grants Netherlands Licensee and its Affiliates a non-exclusive, worldwide, non-terminable license with the right to grant sublicenses, under the Licensor Patent Rights (other than the Licensor Antibody Patent Rights), for all uses in the Field, including, without limitation, to make, have made, use, sell, offer for sale, import and export Licensee Licensed Products in the Field. Such license shall not expire until the earlier of (i) the expiration of the last to expire Valid Claim of the Licensor Patent Rights other than the Licensor Antibody Patent Rights or (ii) termination of this Agreement of this Agreement.

License Property

Licensee Licensed Product shall mean any product, the manufacture, use, or sale of which would, absent the licenses granted to Licensee hereunder, infringe one or more Valid Claims of the Licensor Patent Rights.

Licensor Patent Rights shall mean: (a) USSN 07/938,322 entitled 'Transgenic Animals Secreting Desired Proteins into Milk', including, without limitation, EP-973031124, and any foreign counterpart applications, together with any and all patents that have issued or in the case of applications heretofore filed, in the future issue therefrom or whose priority date is based thereon; and (b) all related divisionals,  continuations, national stage applications or patents filed under the Patent Cooperation Treaty of 1978, reissues or renewals, of the foregoing; and (c) the Licensor Antibody Patent Rights.

Licensor Antibody Patent Rights shall mean (a) U.S. Patent Nos. 5,827,690 and 5,849,992 both entitled 'Transgenic Production of Antibodies in Milk', and all U.S. patent applications and any foreign counterpart applications, and future issued patents including all patents that have issued or in the case of applications heretofore filed, in the future issue therefrom or whose priority date is based thereon; and all related divisionals, continuations, national stage applications or patents filed under the Patent Cooperation Treaty of 1978, reissues or renewals, of the foregoing pertaining to the production of antibodies in the milk of transgenic mammals.

Biopharmaceutical shall mean any medicinal drug, therapeutic, vaccine or any medically useful composition whose origin, synthesis, or manufacture involves the use of microorganisms, recombinant animals (including, without limitation, chimeric or transgenic animals), nuclear transfer, microinjection, or cell culture techniques.

HSA shall mean human serum albumin.

Field of Use

This agreement pertains to the agricultural Industry.

Field shall mean: (a) the Cattle Field; (b) the Goat Field; (c) the production, use and/or sale of transgenic or chimeric mice, rabbits, pigs, and/or sheep (including their respective embryos, gametes and/or progeny) for the production of Biopharmaceuticals in the milk (including any fraction thereof) secreted from such transgenic or chimeric animals; and (d) the use in any transgenic or chimeric cattle, goats, mice, rabbits, pigs, and/or sheep of a nucleic acid construct useful in the production of a system that includes the use of a recombinant casein promoter sequence, which permits a female transgenic or chimeric animal to produce a desired Biopharmaceutical in the milk (or any fraction thereof) of such a transgenic or chimeric cattle, goats, mice, rabbits, pigs, and/or sheep
during lactation.

Goat Field shall mean the production, use and/or sale of transgenic or chimeric goats (including their respective embryos, gametes and/or progeny) for the production of Biopharmaceuticals in the milk (including any fraction
thereof) secreted from such transgenic or chimeric goats.

Cattle Field shall mean the production, use and/or sale of transgenic or chimeric cattle (including their respective embryos, gametes and/or progeny) for the production of Biopharmaceuticals in the milk (including any fraction thereof) secreted from such transgenic or chimeric cattle, including, without limitation, the production of hSA.

License Grant

Licensor grants an exclusive license in the  Field under the Licensor Technology  and the Licensor Developments to develop, make, have made, use, sell, offer to sell, and import Licensed Products in the Territory.

License Property

The development and license agreement relates to Licensor's proprietary Factor 5A and DHS technology into a variety of garden plants, bedding plants and turfgrasses.

Licensor owns and controls technology,  know-how, and United States and foreign patent applications concerning methods for controlling plant senescence, cell division,  reactions to biotic or abiotic stress,  and/or plant growth by altering the expression of plant genes and their cognate expressed proteins that are induced during or coincident with the onset of senescence and/or growth.

The Patents include for the Lipase family Title: Plant lipase gene, senescence induced expression and a method for controlling senescence; and for the eIF-SA Family Title: DNA encoding a plant OHS, transgenic plants and a method for controlling programmed cell death in plants.

Licensed Product means any product developed pursuant to this Agreement which contains or is derived from an Licensor Patent and/or Technology and would infringe upon the rights granted or to be granted under the Licensor Patents.

Licensor Patents means all Licensor patents pertaining to senescence, cell division, reactions to biotic or abiotic stress, and/or growth in plants,  pertaining to senescence, cell division, reactions to biotic or abiotic stress, and/or growth in plants.

Licensor Technology means the Licensor Patents and Confidential Information, and all of Licensors know-how, materials, information and methods, whether developed by Licensor or acquired from a Third Party, including but not limited to, methods for controlling plant senescence cell division, biotic stress, abiotic stress and/or plant growth involving altering the expression of plant genes and their cognate expressed proteins that are induced during or coincident with the onset of senescence and/or plant growth.

Field of Use

The Field means the market categories for: Garden Plants including Bedding plants are flowering plants used in outdoor garden, container and hanging basket settings, Potted Plants which are herbaceous or woody flowering plants used in indoor pot situations for aesthetic purposes, Turf grass, including Fine Turf, Amenity turf grass and Recreational Turf.

The technology holds wonderful potential to enhance the performance and environmental contributions of turfgrass and ornamentals.

Licensee may also use it in turfgrasses to make them more environmentally friendly by increasing disease resistance, drought tolerance, and nutrient use efficiency.