Royalty Report: Drugs, Antibody, Cancer – Collection: 249703

License Grant

The University grants the Israeli Licensee, a license under the Licensed Patents and Technology in the Licensed Field of Use to make, use, offer for sale, sell and import Licensed Products in the Licensed Territory.

License Property

HCV Monoclonal Antibodies Recognizing Divergent HCV Genotypes

Licensed Patents means any Letters Patent issued upon Universitys U.S. Patent Application, Serial Number 09/430489, filed October 29, 1999, continuation-in-part US Serial Number 09/728720 filed December 21, 2000, and/or any additional patent applications, divisions, continuations, foreign applications, counterparts or reissues of any of the foregoing.

Licensed Products means any product or part thereof in the Licensed Field of Use, the manufacture, use, offer for sale, sale or import of which
(a) Is covered by a valid claim of an issued, unexpired Licensed Patent (Valid Claim) directed to the Inventions. A claim of an issued, unexpired Licensed Patent shall be presumed to be valid unless and until it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken;
(b) Is covered by any claim being prosecuted in a pending application directed to the Inventions; or
(c) Incorporates any of the Technology.

Licensed Antibodies are the E2 Antibodies CBH2, CBH4D, CBH4B, CBH4G, CBH 5 (Antibody 65), CBH7, CBH8C, CBH8E, CBH9, CBH11, and, CBH17.  And the E1 Antibodies H111, and, H114.

Field of Use

The Licensed Field of Use means use of the Licensed Patents for human therapeutics other than active immunization.

Ab65 is a human monoclonal antibodies for the treatment of chronic HCV.

License Grant

Licensor grants to Licensee a worldwide, exclusive sublicense under the Regents License to make, have made, use, sell, offer for sale and import the Sublicensed Products in the Sublicensed Field of Use and the Sublicensed Territory for the life of the last to expire patent under the Licensed Patent Rights.

License Property

Licensed Patent Rights shall have the same meaning as Regents Patent Rights under the Regents Option, namely

          (i)   The U.S. Continuation-in-Part application entitled 'Blockade of T Lymphocyte Down-Regulation Associated with CTLA-4 Signaling,' serial number 08/566,853 (U.C. Case No. B96-002-2) filed on December 4, 1995, by Drs. James P. Allison, Dana R. Leach and Matthew Krummel of the University of California at Berkeley and assigned to Regents, that claims priority to Serial Number 08/506,666 (U.C. Case No. B96-002-1, now abandoned) filed on July 25, 1995,

          (ii)  The U.S.. Continuation-in-Part application entitled, 'Blockade of T Lymphocyte Down-Regulation Associated with CTLA-4 Signaling,' serial number 08/646,605 (U.C. Case No. B96-002-3) filed May 8, 1996, by Drs. James P. Allison, Dana R. Leach and Matthew Krummel of the and assigned to Regents and issued as U.S. Patent No. 5,811,097, that is a CIP of Serial Number 08/566,853, which is a U.S. CIP of 08/506,666,

          (iii) The U.S. Continuation-in-Part application entitled, 'Blockade of T Lymphocyte Down-Regulation Associated with CTLA-4 Signaling,' serial number 08/760,288 (U.C. Case No. B96-002-4) filed December 4, 1996, by Drs. James P. Allison, Dana R. Leach and Matthew Krummel of the University of California at Berkeley and assigned to Regents,

          (iv)  PCT International Patent application, Serial Number US96/19375 filed on December 4, 1996, by Drs. James P. Allison, Dana R. Leach and Matthew Krummel and assigned to Regents (U.C. Case No. B93-002/PCT) that claims the convention priority benefits of U.S. Patent Application Serial No. 08/566,853 dating from the U.S. filing date of December 4, 1995, and U.S. Patent Application Serial No. 08/646,605 dating from the U.S. filing date of May 8, 1996, and

          (v)   All other international patents and patent applications, and/or any divisions, continuations, reissues and claims in continuations-in-part that are (a) entitled to the priority filing date of Serial Numbers 08/506,666, 08,566,853, 08/646,605 or 08/760,288 and (b) are claimed or described in Serial Numbers 08/506,666, 08/566,853, 08/646,605 or 08/760,288.

Sublicensed Products means within the Sublicensed Field of Use  

(i)   Any product produced using a Licensed Method, or for use in the practice of a Licensed Method,
(ii)  Any method, process, material or product the manufacture, use or sale of which would be an infringement of any pending claim (were it to issue) or issued claim of the Licensed Patent Rights, or
(iii) Any material, method, process or product, or part thereof, that
      (A) Is covered by a valid claim of any issued, unexpired patent within Licensed Patent Rights. A claim within the Licensed Patent Rights shall be presumed to be valid unless and until it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken, or
      (B) Is covered by any claim being prosecuted in a pending application directed to the Invention (were it to issue).

Invention means the inventions described in 'Blockade of T-Lymphocyte Down-Regulation Associated with CTLA-4 Signaling' as described in Regents Case No. B96-002.

Field of Use

Sublicensed Field of Use means use of the Sublicensed Products that are antibodies (including without limitation, bispecific antibodies, single chain antibodies and/or immunoconjugated antibodies) for all human therapeutic uses permitted by the Regents License.

License Grant

University hereby grants and Licensee hereby accepts an Exclusive license under the Licensed Patents and Licensed Materials to make, have made, import, use, lease, sell and offer for sale and otherwise commercialize and exploit Licensed Products in the Licensed Territory, and practice any method process or procedure within the Licensed Patents in the Licensed Territory.  Said license is Exclusive, including the right to sublicense  in the Licensed Field of Use for a term commencing as of July 1, 1997 and ending on the expiration of the last to expire of the Licensed Patent(s).  University shall have the right to practice the Invention(s) and use the Technology for its own bona fide research, including sponsored research and collaborations. University shall have the right to publish any information included in Licensed Materials and Licensed Patent(s).

License Property

Licensed Product(s) means any product or part thereof in the Licensed Field of Use, the manufacture, use, or sale of which

(a)I s covered by a valid claim of an issued, unexpired Licensed Patent(s) directed to the Invention(s). A claim of an issued, unexpired Licensed Patent(s) shall be presumed to be valid unless and until it has been held to be invalid or unenforceable by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken or is disclaimed, or rejected or found invalid or unenforceable in a reissue application or re- examination proceeding or otherwise;
  
(b) Is covered by any claim being prosecuted in a pending application directed to the Invention(s); or

(c) Incorporates any of the Licensed Materials.

Licensed Patent(s) means any (i) U.S. patent application Serial Number 270,631 filed July 1, 1994 (issued on July 22, 1997 as U.S. Patent Number 5,650,135), (ii) all divisions, substitutions, and continuations in whole or part of any of the preceding, (iii) all foreign patent applications corresponding to or claiming priority from (including International Application Number PCT/US95/15040 and all national applications claiming priority therefrom), and (iv) all U.S. and foreign patents issuing on any of the preceding, including patents of addition, reexaminations, reissues and extensions.

5,650,135 – Non-invasive localization of a light-emitting conjugate in a mammal

Licensed Materials means those biological materials listed, and such other agreed materials as University may provide to Licensee during the term of this Agreement, which shall be added.
– Individual components of light systems (Vectors, genes and gene fragments)
– Bacteria
– Tumor cells
– Indicator cells for HIV
– Transgenic mouse lines

Field of Use

Licensed Field of Use means all uses.

License Grant

Licensor, a nonprofit medical research facility, hereby grants to Licensee an exclusive, worldwide license, including the right to sublicense, under the Licensor Patent Rights and the Licensor Technology to make, to have made, to use, and to sell Licensed Products in the Field, subject to the terms of this Agreement. Promptly upon execution of this Agreement, Licensor shall provide Licensee with all information available to Licensor regarding the Licensor Patent Rights and the Licensor Technology.

License Property

The term Licensor Patent Rights shall mean (a) U.S. Patent Application Serial No. 08/210,715, entitled 'Methods and Compositions Useful for Inhibition of Angiogenesis' filed March 14, 1994, together with all foreign counterparts thereof; (b) the patents proceeding from such applications, and (c) all divisionals, continuations, continuation-in-part, reissues, renewals, reexaminations, and extensions thereof, so long as said patents have not been held invalid and/or unenforceable by a court of competent jurisdiction from which there is no appeal or, if appealable, from which no appeal has been taken. The foregoing notwithstanding, Licensor Patent Rights shall not include any claim that covers subject matter not disclosed in said United States Patent Application Serial No. 08/210,715.

The term Licensor Technology shall mean the Licensor LM609 Technology and the Licensor Angiogenesis Technology, whether or not the same is eligible for protection under the patent laws of the United States or elsewhere, and whether or not any such technology would be enforceable as a trade secret or the copying of which would be enjoined or restrained by a court as constituting unfair competition.

The terms Licensor LM609 Technology shall mean, collectively, Hybridoma LM609, LM609, LM609 Gene and  LM609 Sequence information.

The term LM609 Gene shall mean a nucleic acid encoding all or a portion of LM609.

The term LM609 shall mean the anti-avB3 integrin murine antibody produced by Hybridoma LM609 and fragments of said murine antibody.

The term LM609 Sequence Information shall mean the nucleotide sequence embodied in an LM609 Gene isolated from Hybridoma LM609 and the amino acid residue sequence information embodied in LM609.

The term Hybridoma LM609 shall mean the cell line HB 9537 deposited with the American Type Culture Collection.

The term Licensor Angiogenesis Technology shall mean so much of the technology as is proprietary to Licensor disclosed in United States Patent Application Serial No. 08/210,715, entitled 'Methods and Compositions Useful for Inhibition of Angiogenesis' filed March 14, 1994, a copy of which is attached hereto and incorporated herein by
reference.

Technology relates to a murine monoclonal antibody and the use of the antibody as an inhibitor of angiogenesis.
An angiogenesis inhibitor is a substance that inhibits the growth of new blood vessels (angiogenesis).

Field of Use

The term Field shall mean the diagnosis, prevention and treatment of any disease, states or conditions in humans, by use of any antibody or antibody fragment, but excluding the use of (a) LM609, and (b) any other non-immunoglobulin molecules except molecules conjugated to any antibody or antibody fragment, if the molecules conjugated thereto are not themselves inhibitors of alphaV-beta3 integrins.

License Grant

University hereby grants to Israel Corporation and Corporation hereby accepts from University the License. License shall mean the exclusive worldwide license to practice University’s share in the University Research Technology (as hereinafter defined) for the development, manufacture, use and sale of the Licensed Products (as hereinafter defined). At the initiative of Corporation or University, the parties shall consult with each other regarding the prosecution of all patent applications with respect to the University Research Technology. University and Corporation shall assist, and cause their respective employees and consultants to assist, each other in assembling inventorship information and data for the filing and prosecution of patent applications on inventions pertaining to the Research Technology. Corporation shall be entitled to grant sublicenses under the License on terms and conditions in compliance and not inconsistent with the terms and conditions of this Agreement (except that the rate of royalty may be at higher rates than those set forth in this Agreement) (i) to a Corporation Entity or (ii) to other third parties for consideration and in an arms-length transaction.

License Property

Licensed Products shall mean all products, drugs, diagnostic reagents, diagnostic methods, therapeutic agents and therapeutic methods covered by a claim of any unexpired University Patents (as hereinafter defined) which has not been disclaimed or held invalid by a court of competent jurisdiction from which no appeal has been or can be taken.

University Research Technology shall mean all University Patents and all University Know-How.

University Patents shall mean all United States and foreign patents and patent applications, and any divisions, continuations, in whole or in part, reissues, renewals and extensions thereof, and pending applications therefor
(1)  
which claim Pre-Existing Inventions and which are identified hereto; or
(2)  
which claim inventions that are made, in whole or in part, by students or employees of SAMSF during the term and in the course of the Research Project;  
with the exception of all such patents which are Corporation Patents as hereinafter defined.
U.S. Patent Application Serial No. 08/801,301, filed February 18, 1997 entitled Use if Nekatibub To Prevent Cytotoxic effects of Amyloid Protein by Pappolla.
U.S. Provisional Patent Application Serial No. 60/075,555 filed February 23, 1998 entitled Use of 3-Indol-Proprionic acid by Pappolla
U.S. Provisional Patent Application Serial No. 60/079,349 filed March 25, 1998 entitled Inhibition of Alzheimer of Alzheimer Beta-Fibrillogenesis by Mela Tonm by Pappolla.

Corporation Patents shall mean all United States and foreign patents and patent applications, and any divisions, continuations, in whole or in part, reissues, renewals and extensions thereof, and pending applications therefor which claim inventions that are made, in whole or in part, by students or employees of Corporation.

Research Technology shall mean all University Patents, University Know-How, Corporation Patents and Corporation Know-How.

Field of Use

Field shall mean research, development and testing within pharmaceutical, biotechnological and diagnostic development programs in the field of Alzheimer’s Disease and other central nervous system and neurodegenerative diseases, and in the field of all other possible utilities for melatonin analogs.

License Grant

The University grants a worldwide, exclusive license under Licensed Subject Matter to manufacture, have manufactured, use, import, offer for Sale, and/or Sell licensed products for use within Field.

License Property

The University owns certain patent rights and Technology Rights related to Licensed Subject Matter.

The patents are titled

(a) U.S. Patent Application Number 60/092,672, filed July 13, 1998, entitled “Cancer Treatment Using Antibodies to Aminophospholipids” (UT SOUTHWESTERN File Reference UTSD0549PZ1);

(b) U.S. Patent Application Number 60/110,608, filed December 2, 1998, entitled “Cancer Treatment Using Antibodies to Aminophospholipids” (UT SOUTHWESTERN File Reference UTSD0549PZ2);

(c) U.S. Patent Application Number 09/351,543, filed July 12, 1999, entitled “ Cancer Treatment Methods Using Antibodies to Aminophospholipids” (UT SOUTHWESTERN File Reference UTSD0549);

(d) U.S. Patent Application Number 09/351,862, filed July 12, 1999, entitled “ Cancer Treatment Kits Using Antibodies to Aminophospholipids” (UT SOUTHWESTERN File Reference UTSD0549-1);

Field of Use

Bavituximab is our lead immunotherapy candidate  to evaluate the potential of bavituximab in combination with immune stimulating therapies.

Bavituximab is a monoclonal antibody that targets and binds to phosphatidylserine (“PS”), a highly immunosuppressive molecule that is usually located inside the membrane of healthy cells, but then “flips” and becomes exposed on the outside of cells in the tumor microenvironment, causing the tumor to evade immune detection. Bavituximab targets and binds to PS to block this immunosuppressive pathway and simultaneously activates adaptive immunity, thereby enabling the immune system to recognize and fight the tumor.