Royalty Report: Packaging & Containers, Food, Beverages – Collection: 2207

License Grant

The Company hereby grants to Sublicensee a non-exclusive, royalty-bearing sublicense to utilize certain Technology to manufacture, use and sell certain containers made from inorganically filled moldable composites and compounds for packaging, storing, portioning, dispensing, carrying, presenting, serving and consuming food or beverages including the following: 1. Cold cups – 4 oz. to 32 oz.; 2. Hot cups – 4 oz. to 32 oz.; and 3. Sandwich containers.

License Grant

The Company grants to Sublicensee a non-exclusive, royalty-bearing sublicense to utilize certain Technology to manufacture, use and sell certain containers made from inorganically filled moldable composites and compounds for packaging, storing, portioning, dispensing, carrying, presenting, serving and consuming food or beverages.

License Property

The term Moldable Compound Technology shall mean all of the confidential, secret, or proprietary technology involving inorganically filled composites, including moldable compounds (both foam and non-foam applications), articles manufactured from inorganically filled composites, the compositions and uses of such inorganically filled composites or articles made there from, and apparatus and methods for manufacturing same, which are described or claimed in (i) any of the patents or patent applications listed.

Issued United States Letter Patents
1.   U.S. Letters Patent No. 4,225,247, issued September 30, 1980, and entitled Mixing and Agitating Device.

2.   U.S. Patent No. 4,552,463, issued November 12, 1985, and entitled Methods and Apparatus for Producing a Colloidal Mixture.

3.   U.S. Letters Patent No. 4,944,595, issued July 31, 1990, and entitled Apparatus for Producing Cement Building Material.

4.   U.S. Letters Patent No. 5,061,319, issued October 29, 1991, and entitled The Process for Producing Cement Building Material.

5.   U.S. Letters Patent No. 5,232,496, issued August 3, 1993, and entitled Process for Producing Improved Building Material and Product Thereof.

6.   U.S. Patent No. 5,356,579, issued October 18, 1994, and entitled Methods of Manufacture and Use for Low Density Hydraulically Bonded Cement Compositions.

7.   U.S. Patent No. 5,358,676, issued October 25, 1994, and entitled Hydraulically Bonded Cement Compositions and Their Methods of Manufacture and Use.

Hot and/or cold beverage, Beverage Container Lids All types, Bowls All shapes, sizes, Cutlery (including – knife, fork, spoon) Food Containers tubs used for (popcorn, deli salads, takeout anything, ice cream, chicken buckets), Portion cups (souffle cups), Boxes as used for (fry scoops, popcorn, Chinese takeout, kid's fun meal, candy (vending), pie wedges, bulky meals, pies, single compartment, multi-compartment meals, Hinged Lid Containers Clamshells type boxes for specialty or general food portion or meal carryout, Plates/Platters – All shapes, including round, etc.

Field of Use

Field of Use shall mean the use and sale of Products in the food service and restaurant industry.

License Grant

The Company grants to Sublicensee a non-exclusive, royalty-bearing to manufacture, use and sell certain containers made from inorganically filled moldable composites and compounds for packaging, storing, portioning, dispensing, carrying, presenting, serving and consuming food or beverages, including the following: 1. Clamshells; 2. Sandwich containers; 3. Breakfast platters; 4. Trays; 5. Plates; and 6. Bowls.

License Property

The term Moldable Compound Technology shall mean all of the confidential, secret, or proprietary technology involving inorganically filled composites, including moldable compounds (both foam and non-foam applications), articles manufactured from inorganically filled composites, the compositions and uses of such inorganically filled composites or articles made therefrom, and apparatus and methods for manufacturing same, which are described or claimed in (i) any of the patents or patent applications listed.

Issued United States Letters Patents:
1. U.S. Letters Patent No. 4,225,247, issued September 30, 1980, and entitled
    Mixing and Agitating Device.

2.  U.S. Patent No. 4,552,463, issued November 12, 1985, and entitled Methods
    and Apparatus for Producing a Colloidal Mixture.

3.  U.S. Letters Patent No. 4,944,595, issued July 31, 1990, and entitled
    Apparatus for Producing Cement Building Material.

4.  U.S. Letters Patent No. 5,061,319, issued October 29, 1991, and entitled
    The Process for Producing Cement Building Material.

5.  U.S. Letters Patent No. 5,232,496, issued August 3, 1993, and entitled
    Process for Producing Improved Building Material and Product Thereof.

6.  U.S. Patent No. 5,356,579, issued October 18, 1994, and entitled Methods
    of Manufacture and Use for Low Density Hydraulically Bonded Cement
    Compositions.

7.  U.S. Patent No. 5,358,676, issued October 25, 1994, and entitled
    Hydraulically Bonded Cement Compositions and Their Methods of Manufacture
    and Use.

Field of Use

The term Field of Use shall mean the use and sale of Products in the food service and restaurant industry.

License Grant

Pursuant to the Sublicense Agreement, the Licensee was granted the exclusive right to utilize the specified patented technology and know-how to manufacture and sell certain food service disposables within the territory shall mean the United States.

License Property

Such food service disposable include the 9' plates, 10' plates and 12 oz. bowls and trays.  

Licensed Patents
U.S. Patent No.  

5,580,624

Molded Inorganically Filled Food or Beverage Containers

5,618,341

Methods for Dispersing Fibers in Aqueous Starch-Based

5,631,053

Hinged Molded Inorganically Filled Containers

5,658,603

Systems For Molding Inorganically Filled Containers

5,660,900

Molded Foam Starch Containers With Inorganic Filler

5,683,772

Molded Foam Starch Containers Reinforced With Fibers

5,679,145

Starch-Based Compositions With Fibers and Optional Inorganic Filler
5,691,014

Coated Inorganically Filled Containers

5,702,787

Molded Inorganically Filled Containers

5,705,203

Apparatus for Making Molded Foam Starch Containers

5,705,239

Molded Inorganically Filled Containers

5,705,242

Coated Inorganically Filled Food or Beverage Containers

5,707,474

Method of Making Molded Hinged Inorganically Filled Containers
5,709,827

Method of Making Foam Starch Containers With Fibers/Optional
5,716,675

Method of Treating Foam Starch Containers with Coating Materials
5,753,308

Method of Making Inorganically Filled Food or Beverage Container
5,776,388

Method of Making Molded Foam Starch Containers

5,783,126

Method of Making Molded Foam Starch Containers With Inorganic
5,830,305

Method of Making Inorganically Filled Containers

5,843,544

Hinged Molded Foam Starch Containers

5,868,824

Aqueous Starch-Based Compositions With Inorganic Filler

6,030,673

Foam Starch Containers With Laminate and/or Biodegradable Coat
6,090,195

Aqueous Inorganically Filled Compositions

U.S. Serial No.  

09/390,583

Coated Fiber-Reinforced Starch Foam Containers

09/539,549

Planar Mold Press Apparatus

09/541,331

Fiber Dispersion Methods

09/568,638

System for Metering and Delivering Molding Composition

09/758,477

Flash Removal System

Field of Use

Licensee desires to accept, a sublicense of such technology for use in certain food service disposables .

License Grant

Licensor hereby grants to Sublicensee of Mexico the following royalty-bearing non-exclusive sublicenses to the Technology: i. to use, make or have made, at the Plant Facility, the Products (Food Service Disposables) and to import the Products into the Territory; and  ii. to sell, offer to sell, and otherwise dispose of Products to Customers within the Market Segments solely within the Territory.

License Property

Technology relates to manufacture and sell certain food service disposables.

Examples of Items within the Definition of 'Food Service Disposables':

Bags                    o for carry out of food purchased in

                          food service disposable packages,

                          with or without handles

Beverage containers     o Hot and/or cold beverage

                        o May or may not be insulating

                        o With or without handles.  Includes

                          collectables that are disposable/

                          reusable

                        o Malt mixing collars

                        o Single  service  milk-containing  cartons (16 oz. or

                          less)

Beverage Container Lid  All types, including

                        o no spill

                        o domed

                        o sippers

Bowls                   All shapes, sizes

Cutlery (including      o knife, fork, spoon

Sticks/Skewers)         o large serving utensils

                        o chopsticks

                        o hors d'ouvers picks

                        o popsicle sticks

                        o corndog sticks

                        o shish-kabob skewers

                        o tooth picks

                        o steak markers

Food Containers         tubs used for:

                        o popcorn

                        o deli salads

                        o takeout anything

                        o ice cream

                        o chicken buckets

                        Portion cups (souffle cups)

                        o sauces

                        o condiments

                        o butter

                        o candies

                        o side orders

                        o pills, medications

etc.

Field of Use

The rights granted apply to the food service industry.

License Grant

The Licensor grants the Sublicensee a non-exclusive sublicense to make, use, sell and otherwise commercialize 'Food Packages' solely within the Territory and solely within the food service or fast-food and restaurant industry,  i.e.:  One and two-piece sandwich or food and beverage containers.

License Grant

Licensor hereby grants to Sublicensee the following royalty-bearing non-exclusive sublicenses to the Technology (the Sublicense): i.to use, make or have made, at the Plant Facility, the Products and to import the Products into the Territory; and ii.to sell, offer to sell, and otherwise dispose of Products to Customers within the Market Segments solely within the Territory.

License Property

Products shall mean the Food Service Disposables.

Field of Use

The term Food Service Disposables shall mean any disposable, single use product, container, apparatus, device or equipment for packaging, storing, portioning, serving or dispensing food or beverages intended for consumption within a short period of time (less than twenty four hours), which incorporate in whole or in part any portion of the Technology and, to the extent not otherwise excepted or excluded, are encompassed in those items included within the scope of the Disposal Product Categories set forth in the Clinton Associates 1994 DISTRAK Five Study of Disposables Utilization in Food Services Segments (hereinafter referred to as the DISTRAK V Study), including all products specifically set forth therein.

License Grant

Licensee, a related party, was granted the right to develop, manufacture and sell the Licensor patented variable flow dispenser pump under US Patent #6,464,107. The sub-license term is perpetual and is limited by the Original License Agreement as amended and restated in January 2003.

License Property

The patented variable flow dispenser pump is used in packaging and dispensing within the consumer products industries. The dual dispenser that enables the user to blend two liquids or lotions in varying proportions. The dual dispensers currently being utilized in the food and cosmetic industries.

The Licensor custom blending dual dispensing head provides consumer packaged goods manufacturers with a dispensing technique permitting precision measured blending by the consumer of lotions, gels, creams, and liquids. Licensor’s dispensers are used in personal care, over the counter, medications, household, pharmaceutical, automotive, industrial, home improvement, and food packaging industries.

Field of Use

The rights granted apply to being used in packaging and dispensing within the consumer products industries.

License Grant

The Licensor has the exclusive right to utilize, and to sublicense to others the right to utilize, specified patents and trade secrets  to manufacture and sell certain food service disposables; foodservice disposable products and packaging products for frozen desert, dairy products and beverages.  

The Licensor and Licensee will terminate the existing sublicense dated October 7, 1994 and will enter into a new sublicense agreement dated October 16, 1997.  In the new sublicense. the Licensor will sublicense to the right to utilize such patents and trade secrets to manufacture and sell in all fifty states of the United States of America, Canada and any territories or possessions of the United States or Canada certain hinged sandwich container products for McDonald's Corporation.  The Licensor and Licensee will terminate the existing sublicense dated October 7 1994 and will enter into a new sublicense agreement under which ECC will sublicense to Licensee.

License Property

The term 'Trade Secrets' as used in the Agreement shall include any technical or business information, any invention, equipment or apparatus, method or process, technology, know-how, trade secret, drawing, data, evaluation, specifications, quality and inspection standards, sales literature, report, business plan, memorandum, market study, customer lists, training materials, computer program or software (including both source and object code), or any other document or thing which is in whole or in part confidential, proprietary, or secret and which is owned or controlled by, licensed or assigned to Licensor or for which Licensor has the right to grant licenses thereon during the term of this Agreement and which relates in whole or in part to any of the following:

1. The compositions, including the variable and preferred parameters for each component, used in the Products or the Technology based on hydraulically reacting materials.

2. The processing steps, including the variable and preferred parameters for each step, used in the Technology.

3. The equipment and apparatus used in the manufacture of the Products.

4. Quality control, testing and research and development data, reports, and information, including patent applications in preparation as they relate to the Technology.

5. Customers and suppliers of the components and equipment of the Technology, including any agreements.

Field of Use

Field of use shall mean foodservice disposable products and packaging products for frozen desert, dairy products and beverages.

License Grant

The Company entered into an agreement to sell these sub-licensing rights to the re-sealable container technology.

License Property

This re-sealable container technology is for resealing soft-drink (and other similarly configured) beverage cans, and cardboard TetraPak beverage containers.  TetraPak containers are four-sided, pyramidical beverage containers widely used in Europe, made of packaging material similar to milk cartons familiar to the U.S. market.

License Grant

This amends an exclusive, worldwide license to use and license the technology to manufacture and sell disposable, single-use containers for packaging or serving food and beverages intended for consumption within a short period of time.

Field of Use

This amendment expands the field of use to include noodle bowls used for packaging instant noodles.

License Grant

The Licensor granted the Sublicensee a non-exclusive sublicense  to convert materials made from the Technology into Products and thereafter use, sell or otherwise commercialize the Products solely within the Territory and solely within the Field of Use.

License Property

“Products” shall mean only those Food Packages which incorporate in whole or in part any portion of the Technology and which are used or sold in the Field of Use.  The parties agree that the following items shall not be within the scope of the definition of “Products” or otherwise available for licensing under this Agreement: sealed containers for the long-term storage of liquids whether for single or multiple portions (e.g., soft drink cans, milk cartons, sealed juice or drink containers), or boxes or sealed containers for the long-term storage of single or multiple servings of foods (e.g., dry cereals, egg cartons, and meat and deli trays) — the right to license such items has been retained by the Licensor.  Notwithstanding the foregoing, single service milk/juice cartons are within the scope of definition of “Products”.

Field of Use

The term “Field of Use” shall mean the use and sale of Food Packages in the food service or fast-food and restaurant industry.

License Grant

Licensor grants to Licensee the exclusive right through direct marketing channels to (the License) license, manufacture, distribute or develop the Dispenser (together with any Improvements), whether alone or in conjunction with third parties; and manufacture or produce and sell the Products in the Territory for all product sectors.

License Property

Patent relates to certain variable flow dispenser described in PCT/DE 99/02568 Pumpkopf.

The Company entered into a SubLicense Agreement with the Sublicensee, an entity majority owned by the stockholders and officers of the Company. The SubLicense Agreement grants the exclusive right to exploit and market the Dispensers through direct response marketing and non-exclusively through other selected channels of distribution. The minimum order quantities to maintain exclusivity are 40,000 dispensers for the period of inception through December 31, 2006, 75,000, and 115,000 for the calendar years 2007 and 2008 respectively and a 5% increase annually thereafter for the term of the SubLicense Agreement. The SubLicense Agreement has a term which is identical to the term of that certain Amended and Restated License Agreement dated as of January 1, 2003 between Gerhard Brugger and SCG which was subsequently subLicensed to the Company. The term of the License will be in effect for the next twenty two years.

The Company is engaged in the manufacture of a dispenser that enables the user to blend two liquids in varying proportions. Substantially all of the Company's revenues are derived from wholesale customers located in both the continental United States and Europe.

Field of Use

The dispensers are manufactured in Germany and are currently being utilized in the food and cosmetic industries.

License Grant

The Austrian Licensor, a major stockholder, grants the Licensee an exclusive worldwide license to manufacture, distribute or develop the dispenser, alone or in conjunction with other parties.

License Property

The product means all categories and for all uses having the Dispenser as a component.  

The Dispenser means any dispenser or device which is constructed or manufactured incorporating claims of patent number PCT/DE 99/02,568 Germany, and  patent number 6/464/107B1 issued in the United States and any and all patents or other intellectual property which is based upon, or used with such patents.

The dual dispenser enables the user to blend two liquids in varying proportions. The manufacture of the dual dispensers are currently outsourced to third party subcontractors in the United States for 40mm and 49mm size dispensers and in Germany for 20mm size dispenser which are currently being utilized in the food, sun care, skincare, and cosmetic industries.

Field of Use

The dual dispenser, a dispenser enables the user to blend two liquids in varying proportions currently used in the cosmetics and food industries.

License Grant

The parties have agreed to enter into this agreement to reflect the sale by Licensors, three individuals, and the purchase by Licensee of all property, including all patents pending, know-how and intellectual property, relating to the invention and the apparatus.

License Property

We acquired a patent pending for the PET Container Technology from certain stockholders.   Patent No. 5,609,038 relates to self-chilling beverage container technology to plastic and glass beverage containers (PET Container Technology).

The ability to chill a beverage is based on the theory of the latent heat of evaporation of liquefied gasses and the cooling of those gasses due to rapid expansion.  The basic principles of evaporation and heat transfer dictate that as liquid coolant is vaporized it draws heat from the surrounding area, lowering the temperature of nearby materials.  The proposed product consists of a cartridge of liquid carbon dioxide (CO2) that is held in place by a cartridge holder.  The unit is then placed in a can, the can subsequently is filled and sealed.  The cooling device will displace approximately 3.0 ounces of the fluid, so a 12 ounce can will contain 9.0 ounces of beverage with the cooling device installed.  When the tab on the lid of the can is pulled a valve mechanism within the can triggers the CO2 capsule causing the gas to be discharged through diffusers of porous plastic into the beverage.  The escaping CO2 forms into small particles of frozen snow at extremely cold temperatures and rapidly imparts a chilling action to the beverage, while carbonating the beverage.  The amount of chilling and carbonation are adjustable depending on the requirements of the manufacturer.  Greater chilling may be obtained by increasing the amount of liquid CO2.  The amount of carbonation may be adjusted from no carbonation to several levels greater than now used in manufactured soft drinks.

Field of Use

The Licensee agreed to obtain a License Agreement relating to self-chilling beverage container technology to plastic and glass beverage containers.

License Grant

Licensor hereby grants to a Malaysian Company an exclusive royalty-bearing sublicense to the Technology for the noodle bowl food service disposable product.