Royalty Report: Drugs, Disease, Therapeutic – Collection: 245900

License Grant

Licensor, a non-profit biomedical research company, grants to Licensee an exclusive, royalty-bearing license, with the right to grant sublicenses pursuant to Section 2.5, in the Territory under and to use the Licensed Intellectual Property to research, develop, make, have made, use, sell, offer for sale and import Licensed Products in the Field.

License Property

Licensed Patents means (a) the Patents listed below to this Agreement; (b) any and all Patents that claim Licensed Know-How and are Controlled by Licensor on the Effective Date and during the Term, including without limitation Licensors interest in any Joint Patent that claims Licensed Know-How; (c) all divisionals, continuations (in whole or in part, including without limitation conversions of provisional applications into utility patent applications), and substitutions of any of the preceding, and any letters patent and/or registrations (including, without limitation, all reissues, renewals, extensions, confirmations, re-examinations, supplementary protection certificates) that may be granted on any of the foregoing; and ( d) any and all United States and foreign counterparts of any of the foregoing.

Licensed Patents:
U.S. provisional patent application USSN 60/965,135 entitled Therapeutic Compositions for Treatment of Inflammation of Ocular and Adnexal Tissues

PCT/US08/09776 filed on 15.08.2008 claiming priority to Provisional 60/965,135, filed on August 16 2007. Published on February 26, 2009 WO/2009/025763, entitled Therapeutic Compositions for Treatment of Inflammation of Ocular and Adnexal Tissues

Provisional 61/143,561 filed January 09. 2009 entitled Therapeutic Compositions For Treatment of Corneal Disorders

Licensed Product means any product the manufacture, use or sale of which would, but for the licenses granted in this Agreement, infringe a Valid Claim of a Licensed Patent.

An amendment to the license agreement dated 01/01/1990 is amended by deleting it in its entirety the above Licensed Patent Information and replacing it hereto:
Licensed Patents:
U.S. Patent Appln. No. 121685.510
U.S. Patent Appln. No. 13/183,231

Field of Use

The patent applications cover methods of treating diseases of the eye using an inhibitor of the inflammatory cytokine IL-1.

License Grant

Licensor grants to the Swiss Licensee the sole and exclusive license, including the right to grant sublicenses, under the Licensor Patents and to use the Licensor Know-How, to make, use, offer for sale, sell and import  Products in the Territory for use in the Field.

License Property

Patent Rights:

U.S. #1
(a) First US provisional filed January 22, 2001 (60/262,651).
(b) Second US provisional filed February 8, 2001 (60/267,196).
(c) Third US provisional filed July 19, 2001 (60/306,140)
(d) A regular US patent application (10/051,309) was filed on January 22, 2002, claiming priority to the above-mentioned three US provisional applications.

U.S. #2
(a) First US provisional filed February 8, 2001 (60/267,195)
(b) Second US provisional filed January 7, 2002 (60/344,824).
(c) A regular US patent application (10/067,996) was filed on February 8, 2002, claiming priority to the above-mentioned two US provisional applications.
(d) Possible Second US family to be filed; awaiting analysis from MPC.

U.S.#3
A first US provisional application (Memory 3 VI) was filed October 16, 2001 (60/329,314).

U.S. #4
(a) First US provisional filed November 15, 2001 (60/331,422)
(b) Second US provisional filed January 23, 2002 (60/349,985).

U.S. #5
(a) U.S. provisional application filed June 25, 1999 (60/141,196
(b) A regular U.S. Patent Application was filed June 23, 2000 (09/602,735), claiming priority to the above-mentioned provisional application.

Product means any and all products that include, in whole or as a component thereof, a Licensor Compound or a Collaboration Compound.

Patent Right means all rights under any patent or patent application in any country of the Territory, including any substitution, extension or supplementary protection certificate, reissue, reexamination, renewal, division, continuation or continuations-in-part thereof.

Licensor Patent Rights means all Patent Rights that Licensor owns, or otherwise has the right to grant the licenses herein, during the Agreement Term.  Below lists all U.S. Licensor Patent Rights that Cover the Licensor Compounds as of the date hereof (Base Patents).

Licensor Compound means any PDE4 inhibitor for which Licensor either prior to the Effective Date or during the Agreement Term has rights, whether by reason of its own conception of such inhibitor, or under agreement with a Third Party.

Collaboration Compound means any PDE4 inhibitor that (i) either or both Parties or its Affiliates conceives in the conduct of the Research Collaboration, or (ii) the JLT otherwise agrees shall constitute a Collaboration Compound pursuant to the Research Workplan.

'Neurological Indication' means prophylaxis or treatment of Alzheimers' disease, prophylaxis or treatment of mild cognitive impairment ('MCI') or treatment of vascular dementia.

'Non-Memory Compound' means a PDE4 inhibitor, other than a Memory Compound or a Collaboration Compound, with respect to which the initial IND for the inhibitor is for a Neurological Indication or Psychiatric Indication.

'Psychiatric Indication' means depression, anxiety or mixed anxiety/depression.

Field of Use

MEM 1414 is a PDE4 inhibitor and our second drug candidate for the treatment of Alzheimer's disease and potentially for MCI. PDE4 inhibitors are designed to inhibit the activity of PDE4, the enzyme which breaks down neuronal cAMP.

MEM 1917 is a PDE4 inhibitor that we are developing for the treatment of depression.

License Grant

Licensor hereby grant to Licensee an exclusive (even to Licensor), royalty-bearing, freely sublicenseable license in the Territory under the Licensed Patents and Information for  all purposes, including without limitation, to develop, use, make, have made, import, have imported, export, have exported, offer for sale, have sold and sell Licensed Products.

License Property

Licensed Product means a product that utilizes or incorporates a Valid Claim for the therapeutic treatment of a specific fibrotic human disease, which product has been approved after the Effective Date for the therapeutic treatment of such specific fibrotic human disese by the United States Food and Drug Administration (FDA) and/or any Regulatory Agenciies through the granting of a New Drug Application (NDA) or equivalent foreign approval document.

Licensed Patents means that certain U.S. Patent No. 5,310,562; and all corresponding foreign patent applications and patents throughout the Territory, including any and all divisions, re-issues, re-examinations, renewals, continuations and substitutes in whole or in part of such patents and patent applications in the Territory with respect to the anti-fibrotic  uses of Pirfenidone; and all Patents defined. The Licensed Patents shall specifically exclude U.S. Patent No. 5,962,478 titled Tumor Necrosis Factor Alpha.
5,310,562 – Composition and method for reparation and prevention of fibrotic lesions

Patents means all of Licensors (a) anti-fibrotic, Pirfenidone patent applications heretofore or hereafter filed or having legal force in any country including without limitation divisionals, continuations, continuation-in-part and provisional applications; (b) issued, unexpired anti-fibrotic Pirfenidone patents in any country, including utility, model and design patents and certificates of invention; and (c) substitutions, extensions, reissues, renewals, and supplementary protection certificates with respect to any such issued patents. For clarity, such patent applications and patents shall include those owned, as well as those controlled with the right to grant licenses, by any of Licensors. The Patents shall not include patent applications and patents to the extent claiming uses of Pirfenidone other than for anti-fibrotic uses, nor uses of compounds for anti-fibrotic applications other than Pirfenidone.

Field of Use

This agreement pertains to the drug industry relating to products potentially useful in the prevention, mitigation and treatment of fibrotic and other diseases.

Fibrosis, also known as Fibrotic scarring, is a pathological wound healing in which connective tissue replaces normal parenchymal tissue to the extent that goes unchecked, leading to considerable tissue remodelling and the formation of permanent scar tissue.

License Grant

Licensor hereby grants to Licensee, and Licensee hereby accepts, an exclusive, irrevocable, perpetual, license, with the right to grant sublicenses, under the Assigned Technology to Develop, Manufacture, Commercialize, make, have made, use, have used, offer for sale, sell, have sold and import Covered Products in the Licensee Field in the Territory.

Assignment; License-Back.  Licensee hereby assigns, transfers, conveys and delivers to Licensor, and Licensor hereby accepts all and every right, title and interest of Licensee in and to the Licensee Patent Rights listed, together with all ancillary rights thereto, including the right to sue for damages by reason of past infringement of any such rights; and the Licensee Intellectual Property owned by Licensee that relates directly to such Licensee Patent Rights (collectively, the Assigned Technology).

License Property

Intellectual property relates to superentolimod product candidate and entolimod vaccine product candidate.

Covered Product(s) means any product the Development, Manufacture, use or sale of which is covered by the Licensee Patent Rights or makes use of any Licensee Intellectual Property.

Patent Rights means any and all (a) issued patents and (b) pending patent applications, including all provisional applications, substitutions, divisionals, continuations, continuations-in-part, renewals, and all letters of patent granted with respect to any of the foregoing, (c) patents of addition, restorations, reissues, extensions, supplementary protection certificates, registration or confirmation patents, patents resulting from post-grant proceedings, re-examinations; (d) inventor’s certificates; and (e) other forms of government issued rights substantially similar to any of foregoing, in each any country in the Territory.

Licensee Intellectual Property means Know-How that is Controlled by Licensee or its Affiliates during the term of this Agreement and that is reasonably necessary or useful for or directly related to the Development, Manufacture or Commercialization of the Covered Products. The term Licensee Intellectual Property does not include (a) any Know-How, which is, as of the Effective Date or later becomes, generally available to the public, excluding Licensee Confidential Information or Know-How Controlled by Licensee or its Affiliates that is publicly disclosed by a Third Party without the consent of Licensee, and Know-How included in Licensee Patent Rights

Licensee Patent Rights means those Patent Rights that Cover Licensee Intellectual Property and are Controlled by Licensee or its Affiliates at any time during the term of this Agreement.  Licensee Patent Rights as of the Effective Date are listed which shall be updated in writing from time to time, at least annually, during the term of this Agreement.

Title: Flagellin compositions
Jurisdiction: USA
Application Detials: 15/329,870, Filing Date: 07-29-2015, Priority Date: 07-30-2014
Patent Details: N/A
Status: Pending

Title:  Flagellin compositions and uses including effective vaccination
Jurisdiction:  USA
Application Details:  15/500,133, Filing Date: 07-30-2015, Priority Date: 07-30-2014
Patent Details:  N/A
Status:  Pending

Field of Use

Licensor Field means the prevention or treatment of any disease or condition in humans that is caused by the recent exposure to ionizing radiation including mitigation and prevention of Acute Radiation Syndrome (as defined by the Center for Disease Control and Prevention) and concurrent radiation treatment of humans or animals diagnosed with oncological conditions at the time of treatment to treat this condition. For the avoidance of doubt, it is understood and agreed that the Licensee Field shall not include (i) prevention or treatment of sickness, diseases, disorders, and frailties caused by prior exposure to radiation treatment of cancer, and (ii) prevention or treatment of any disease, disorder or frailty in humans that are “cancer survivors” (i.e., persons who has completed initial cancer management and has no apparent evidence of active disease).

License Grant

The University hereby grants to Licensee an exclusive, royalty bearing, worldwide license under Licensed Technology and Licensed Patent Rights to develop, make, have made, use, offer to sell, sell, export and import Licensed Products and to use, practice and otherwise exploit methods embodying Licensed Technology and/or that are disclosed in, covered or claimed by Licensed Patent Rights, with the right to sublicense others through multiple tiers of sublicensees under the terms of Article VIII, throughout the term hereof in the Field of Use.

License Property

Licensed Products shall mean any product or process in the Field of Use embodying Licensed Technology or that incorporates, is covered, disclosed or claimed by, or is made, in whole or part, by the use of the Licensed Patent Rights.

Licensed Technology shall mean and include but not limited to:
(i)  the technologies, inventions and know-how associated with the VCU Invention Disclosures listed,
(ii) SRA (Sponsored Research Agreement) technology, inventor improvement(s), collaboration improvements and any non-inventor improvements(s) that Licensee elects to add to this agreement.

Licensed Patent Rights shall mean (a) those patent applications listed and patents issuing therefrom, any foreign equivalents thereof, and any and all United States (and foreign equivalents of) extensions, substitutions, continuations, confirmations, divisions, reissues, reexaminations, restorations, registrations and continuation-in-part applications that are entitled to the priority date of any such applications, with respect to any or all of the foregoing, in each case as of the effective date and thereafter that are filed or issued during the term of this Agreement, and enforcement rights;  (b) those United States and foreign patent applications and patents disclosing, covering or claiming any Licensed Technology and, in each case, any and all United States (and foreign equivalents of) extensions, substitutions, continuations, confirmations, divisions, reissues, reexaminations, restorations, registrations and continuation-in-part applications that are entitled to the priority date of any such applications, with respect to any or all of the foregoing, that are filed or issued during the term of this Agreement, and enforcement rights.

Provisional Serial No. 60/621,537, filed  October 25, 2004 – Nuclear Oxysterol, Potent Regulator Of Cholesterol Homeostasis, For Therapy Of Hypercholesterolemia, Hyperlipidemia, and Atherosclerosis

Non-Provisional Serial No. 11/739,330, filed April 26, 2007 – Nuclear Sulfated Oxysterol, Potent Regulator Of Cholesterol Homeostasis, For Therapy Of Hypercholesterolemia, Hyperlipidemia, and Atherosclerosis

Provisional Serial No. 61/154,063, filed  February 20, 2009 – 5-Cholesten-3b , 25-diol 3-sulfate (25HC3S), an authentic PPARy agonist and LXR antagonist, or the therapy of inflammatory diseases

SRA Technology means Project Technology (defined in the SRA) and any technology, data, ideas, inventions, discoveries and improvements, and the intellectual property rights therein and thereto including Project Patent Rights (defined in the SRA) and enforcement rights, that are developed, generated, made, conceived or reduced to practice, in whole or in part, by inventor(s), alone or with others, directly or indirectly in the performance or as a result of the SRA Project (defined in the SRA).

Field of Use

Field of Use shall mean all fields of use.

License Grant

Licensor, a non-profit institution, hereby grants to Licensee and its Affiliates a worldwide, non-exclusive license, under Licensor Know-How and Licensed Patents (I) for all internal research and development purposes, including without limitation, the right to make, use and import Licensor Know How and inventions claimed in the Licensed Patents and (ii) to develop, make, use, market, sell, offer for sale, export and import, in the Field of Use, Licensed Products, including without limitation those covered by Valid Claims in the Licensed Patents.

License Property

Intellectual property relates to the induction of gene silencing in mammalian cells through RNAi.

RNA interference, or RNAi, is a naturally occurring mechanism within cells for selectively silencing specific genes, an ability that could become the basis for a whole new class of therapeutic products. The discovery of RNAi has been heralded by many as a major breakthrough, and the journal Science named RNAi the top scientific achievement of 2002 as well as one of the top ten scientific advances of 2003. Because many diseases are caused by the inappropriate activity of specific genes, the ability to silence such genes selectively through RNAi could provide a means to treat a wide range of human diseases.

Licensed Patents means the U.S. Patent Applications listed below and any divisions, continuations, reissues, reexamines, extensions and continuations-in-part applications thereof and any patents issuing thereto; and any and all foreign patents, foreign applications, extensions and supplemental protection certificates or patent applications corresponding thereto having the Principal Investigator as an inventor and claiming the same priority date as a parent application.

Licensor Patents
Serial No.                  Type      Tite                                                                                       Date            Filed Status
PCT/US01/08435      PCT      Methods and Compositions for RNA Interference       3/16/01       Published
09/858,862                CIP       Methods and Compositions for RNA Interference       5/16/01       Pending
09/866,551                CIP       Methods and Compositions for RNA Interference       5/24/01       Pending
10/055,797                CIP       Methods and Compositions for RNA  Interference      1/22/02       Pending

Licensed Product means any product, including but not limited to any lyophilized liquid, sustained release or aerosolized formulation or other formulation, or process for which Licensee, or its Affiliate has received FDA Approval and/or Regulatory Approval, which is made through the use of Licensor Know-How or falls within the scope of a Valid Claim of a Licensed Patent.

Field of Use

The field of Use means all therapeutic uses in humans, including without limitation the diagnosis, prevention and treatment of diseases or conditions and all other healthcare applications. Field of Use shall not include research reagent sales.

License Grant

The purpose of this contract is to acknowledge the assignment by French Assignor, and individual and Assignee's co-founder, Chairman and Chief Executive Officer, to French Assignee of all his rights to and under the Existing Patents and Current Patent Applications, and to organize the assignment and transfer by Assignor to Assignee and/or its Affiliates of his rights on and to any and all Current Results for the agreed price.

The Parties also agree hereby on the financial compensation for the assignment by Assignor to Assignee and/or its Affiliates of any rights on and to Future Results including any rights as a co-inventor of patentable inventions to be covered by Future Patent Applications.

The provisions of this Agreement shall only apply to Results generated by Assignor during the period ending on the earlier of (i) the term of this Agreement and (ii) the Employment Period.

License Property

Current Patent Applications means:

No. 1. The French patent application n°FR1753775 filed on April, 28th 2017 and entitled “20-Hydroecdysone extract of pharmaceutical grade, its use and its preparation”.
No. 2. The French patent application n°FR1758071 filed on May, 31st 2017 and entitled “Use of 20-hydroxyecdysone and the derivatives thereof in the treatment of myopathies”.
No. 3. The French patent application n°FR1851778 filed on February, 28th 2018 and entitled “Phytoecdysones for their use in the prevention of the loss of muscular strength during an immobilisation” .
No. 4. The French patent application n°FR 1902726, entitled “Phytoecdysones and their derivatives for their use in the treatment of neuromuscular diseases “.
No. 5. The French patent application n°FR 1902727, entitled “Phytoecdysones and their derivatives for their use in the treatment of alterations of the respiratory function”.
As well as any and all (I) provisional and non-provisional applications, foreign patent application, patent cooperation treaty (PCT) applications, substitutions, continuations, continuations-in-part, divisions and renewals of the above describe patent applications, (ii) all patents granted thereon, and (iii) all reissues, re-examinations and extensions or restorations, including supplementary protection certificates or the equivalent thereof, granted thereon and corresponding priority rights.

Existing Patents means the patent applications filed by Licensee before July 13, 2015 as well as any and all (I) provisional and non-provisional applications, foreign patent application, patent cooperation treaty (PCT) applications, substitutions, continuations, continuations-in-part, divisions and renewals of such patent applications, (ii) all patents granted thereon, and (iii) all reissues, re-examinations and extensions or restorations, including supplementary protection certificates or the equivalent thereof, granted thereon and corresponding priority rights.

Future Patent Application means (I) any patent or patent application based on Current Results for which Assignor is designated as an inventor or co-inventor and/or (ii) a patent application filed on the basis of Future Results and for which Licensor is designated as an inventor or co-inventor, as well as any and all (x) provisional and non-provisional applications, foreign patent application, patent cooperation treaty (PCT) applications, substitutions, continuations, continuations-in-part, divisions and renewals of such patent applications described in (I) and (ii), (y) all patents granted thereon, and (z) all reissues, re-examinations and extensions or restorations, including supplementary protection certificates or the equivalent thereof, granted thereon and corresponding priority rights.

The myopathies are neuromuscular disorders in which the primary symptom is muscle weakness due to dysfunction of muscle fiber.

Field of Use

This agreement pertains to the drug industry.  Assignee is a biotechnology company that develops drug candidates to treat age-related and genetic degenerative diseases, especially those affecting muscular and visual functions.

License Grant

In consideration of the premises and the mutual agreements hereinafter set forth, the parties hereby agree to amend the following: The meaning for the term 'net sales'; the sublicensing rights; royalty and milestone payments relating to the Licensed Products, Processes and Services.

License Property

Patent Rights shall mean the patents, patent applications listed below, together with all divisions, continuations, continuations-in-part re-examinations, reissues, substitutions, or extensions thereof and patents issuing therefrom in the United States and non-U.S. jurisdictions. Notwithstanding the foregoing or anything else to the contrary in this agreement:

US Patent Application SN 10/440,404, entitled, 'Method for Treating Obesity' and filed May 19, 2003. (Atising from Licensor Office of Science and Technology File #2081)
PCT Patent Application PCT/US03/15703, entitled, 'Method of Treating Obesity and filed May 19, 2003. (Arising from Licensor Office of Science and Technology File #2081) US Provisional Patent Application SN 60/535,799, entitled, 'Method of Reducing Weight Gain Risk Associated with Antidepressant Therapy' and filed January 13, 2004. (Arising from Licensor Office of Science and Technology File# 2308)
US Provisional Patent Application SN 60/535,800, entitled Method of Reducing Weight Gain Risk Associated with Antipsychotic Therapy' and filed January 13, 2004. (Arising from Licensor Office of Science and Technology File #2294)

Licensed Product shall mean any product or part thereof which: (a)
is covered in whole or in part by any valid claim contained in the Licensor Patent Rights in the country in which any such product or part thereof is made, used or sold; and/or (b) is manufactured by using a process or is employed to practice a process which is covered in whole or in part by a valid claim contained in the Licensor Patent Rights in the country in which any Licensor Licensed Process is used or in which such product or part thereof is used or sold; and/or c)
in its intended use, practices, incorporates, or otherwise utilizes, in whole, or in part, a valid claim contained in the Licensor Patent Rights in the country in which any such product or part thereof is made, used, or sold.

Licensed Process shall mean any process which is covered in whole or in part by a valid claim contained in the Licensor Patent Rights.

Licensed Service shall mean any service provided by Licensee (and/or sublicensees, as the case may be) to a third party which utilizes Licensor Licensed Products and/or Licensor Licensed Processes.

Field of Use

The Gadde patent is a U.S. patent covering the composition of our Empatic product candidate and methods for using Empatic to treat obesity and reduce the risk of hypertension, diabetes or dyslipidemia.

License Grant

Licensor hereby grants Licensee, including Licensees Affiliates a royalty-bearing, Territory-wide license in the Licensed Field under the Patent Rights to the Licensed Technology, as well as under the Licensed Patents, the Licensed Know-how, and the Licensed Technology, regardless of whether such Licensed Patents are actually granted, to use the Licensed Know-how and Licensed Technology and to develop and have developed, make and have made, use and have used, sell and have sold, offer for sale and have offered for sale, import and have imported, export and have exported, any and all inventions claimed in the Licensed Patents related to the Licensed Products and/or any compounds, chemicals, substrates, devices, tools, dies, molds or any other materials whatsoever that are useful in the development and/or manufacturing and/or sale of the Licensed Products, and particularly including, without limitation, such license to develop and have developed, make and have made, use and have used, sell and have sold, offer for sale and have offered for sale, import and have imported, export and have exported Licensed Products, which license shall be exclusive even as to Licensor, permitted to seek funding for the development of the Licensed Product and the right to grant bona fide sublicenses to third parties.

License Property

Licensed Products shall mean any and all products, (including any and all) doses, strengths, formulations, compositions and methods thereof containing cannabinoids alone or in combination with various other active pharmaceutical ingredients and/or excipients for use in the Licensed Field utilizing the Licensed Technology.

Licensed Patents shall mean any and all rights arising out of or resulting from (i) the patents and patent application set forth in this Agreement, as well as any additional patents or patent applications related to any aspect of any Licensed Technology Improvements, Licensed Know-how, Licensed Products, and/or Licensed Technology (as herein defined) filed prior to or during the term of this Agreement and (ii) any letters patent granted in respect of all such applications, as well as, without limitation, any substitutions, divisions, continuations, continuations-in-part, reissues, renewals, re-examinations, extensions, supplementary protection certificates, confirmations, registrations, revalidations and the like, of any and all such patents and patent applications and any international equivalents thereof.

Country                          Status                     Application #         Filing Date              Publication #                Publication Date
United States

Published

14/649,951

05-Jun-2015

2015-0313868

05-Nov-2015
United States

Expired
        
61/738,782

18-Dec-2012

Licensed Technology shall mean the aggregate of the Licensed Inventions, the Licensed Know-how, the Licensed Products and the Licensed Patents and any other information and/or technology related to the Licensed Products and/or the design and/or the manufacturing of the Licensed Products.

Licensed Inventions shall mean the inventions claimed in the Licensed Patents.

Field of Use

Licensed Field the use of cannabinoids alone or in combination with various other active pharmaceutical ingredients and/or excipients (i) as preventative and therapeutic neuroprotectives against nerve agents and pesticides and (ii) for the treatment of diseases for a variety of therapeutic categories.

The licensed intellectual property includes patent applications relating to the use of cannabinoid receptor modulators and terpenes in the acute treatment during exposure to organophosphorus nerve agents and/or organophosphorus insecticides.

License Grant

Licensor hereby grants to Licensee and Licensee hereby accepts from Licensee, subject to the terms and conditions of this agreement, the exclusive right and sublicenseable license for the field of use in the territory to practice under the Licensor Patent Rights to develop, make, have made, import, use, lease, offer for sale, sell, and distribute Licensor Licensed Products for the field of use in the territory only, to develop, make, have made, import, use, lease, offer for sale, sell, and distribute Licensor Licensed Processes in/for the field of use in the territory, and/or to develop, make, have made, perform, provide, import, use, lease, offer for sale, sell, and distribute Licensor Licensed Services in the field of use in the territory only until the end of the term for which the Licensor Patent Rights are granted unless this agreement shall be sooner terminated according to the terms hereinafter provided.

License Property

Patent Rights shall mean the patents, patent applications listed below, together with all divisions, continuations, continuations-in-part re-examinations, reissues, substitutions, or extensions thereof and patents issuing therefrom in the United States and non-U.S. jurisdictions. Notwithstanding the foregoing or anything else to the contrary in this agreement:
US Patent Application SN 10/440,404, entitled, 'Method for Treating Obesity' and filed May 19, 2003. (Atising from Licensor Office of Science and Technology File #2081)
PCT Patent Application PCT/US03/15703, entitled, 'Method of Treating Obesity and filed May 19, 2003. (Arising from Licensor Office of Science and Technology File #2081)
US Provisional Patent Application SN 60/535,799, entitled, 'Method of Reducing Weight Gain Risk Associated with Antidepressant Therapy' and filed January 13, 2004. (Arising from Licensor Office of Science and Technology File# 2308)
US Provisional Patent Application SN 60/535,800, entitled Method of Reducing Weight Gain Risk Associated with Antipsychotic Therapy' and filed January 13, 2004. (Arising from Licensor Office of Science and Technology File #2294)

Licensed Product shall mean any product or part thereof which:
(a)
is covered in whole or in part by any valid claim contained in the Licensor Patent Rights in the country in which any such product or part thereof is made, used or sold; and/or
(b)
is manufactured by using a process or is employed to practice a process which is covered in whole or in part by a valid claim contained in the Licensor Patent Rights in the country in which any Licensor Licensed Process is used or in which such product or part thereof is used or sold; and/or
c)
in its intended use, practices, incorporates, or otherwise utilizes, in whole, or in part, a valid claim contained in the Licensor Patent Rights in the country in which any such product or part thereof is made, used, or sold.

Licensed Process shall mean any process which is covered in whole or in part by a valid claim contained in the Licensor Patent Rights.

Licensed Service shall mean any service provided by Licensee (and/or sublicensees, as the case may be) to a third party which utilizes Licensor Licensed Products and/or Licensor Licensed Processes.

Field of Use

The Gadde patent is a U.S. patent covering the composition of our Empatic product candidate and methods for using Empatic to treat obesity and reduce the risk of hypertension, diabetes or dyslipidemia.