Royalty Report: Drugs, Cancer, Diagnostic – Collection: 257479

$150.00

Curated Royalty Rate Report
Category: Technology Licenses, Created On: 2022-04-28, Record Count: 13

Description

This collection of transactions and supporting information was developed using our AI algorithm to curate similar royalty reports into a cohesive collection to support your licensing, transfer pricing or other transaction scenarios where documented royalty rates and/or deal terms are important.
Category: Technology Licenses
Created On: 2022-04-28
Record Count: 13

Primary Industries

  • Drugs
  • Cancer
  • Diagnostic
  • Genome
  • Disease
  • Medical
  • Biotechnology
  • Test/Monitoring
  • Assay
  • cardiac
  • Proteins
  • nucleic acid
  • Research

IPSCIO Report Record List

Below you will find the records curated into this collection.  This summary includes the complete licensed property description so that you can review and determine if this collection covers the topics, technology or transaction type that is relevant for your needs.  The full report will include all relevant deal data such as the royalty base, agreement date, term description, royalty rates and other deal terms.  For reference, here is a sample of a full IPSCIO curated royalty rate report: Sample Report

IPSCIO Record ID: 257479

License Grant
This agreement is for the diagnostic rights to the BRCA2 Gene.  The Licensors, one of the United Kingdom and one of the United States grant Licensee
—  an exclusive, worldwide license under the BRCA2 Patent Applications and BRCA2 Patents to provide Diagnostic Services; and make, have made, use, offer for sale, and sell Diagnostic Products;
—  an exclusive, worldwide license under the BRCA2 Patent Applications and BRCA2 Patents to make, have made, use, offer for sale, and sell Research Products;
—  a non-exclusive, worldwide license under the BRCA2 Patent Applications, BRCA2 Patent and BRCA2 Information to undertake research on the BRCA2 Gene and BRCA2 Protein Product for the purposes of providing a Diagnostic Service or Diagnostic Product and/or Research Product; and,
—  a non-exclusive, worldwide license under BRCA2 Information for the purposes of providing a Diagnostic Service and/or making a Diagnostic Product and/or making a Research Product to the extent that Licensee can demonstrate to the UK Licensors reasonable satisfaction that the BRCA2 Information in question is necessary to carry out the service or make the product.
License Property
The technology is DNA sequence encoding a gene known as BRCA2 which is associated with inherited susceptibility to breast cancer.

Diagnostic Service a service for diagnosing susceptibility to breast cancer through determining
—  the nucleotide sequence of the BRCA2 Gene in a sample of DNA from a test recipient and identifying any Mutations therein; and/or
—  determining the presence or absence of BRCA2 Protein Product, either in whole or in part, from a sample from a test recipient.

Diagnostic Product a product, kit, instrument, toot reagent or material which has received regulatory approval in the country of use or sale, and/ or which is being used or sold by Licensee, its Sub-licensees or Affiliates or their customers for the clinical analysis of the BRCA2 Gene or BRCA2 Protein Product for the purposes of determining any Mutations therein.

The patent is Materials and Methods Relating to the Identification and Sequencing of the BRCA2 Cancer Susceptibility Gene and Uses Thereof.

Field of Use
The field of use is genetic testing for the field of breast cancer.

IPSCIO Record ID: 299283

License Grant
Licensor of Canada grants an exclusive license under Licensors patent rights to make, have made, use, and sell Licensed Products and to practice the Licensed methods throughout the world where Licensor may lawfully grant such a license.

Licensor also grants to the right to issue sublicenses.

License Property
Licensor has certain genetic research for the isolation, sequencing, and identification of cancer genes

Licensee has certain proprietary information and biological materials concerning the BRCA2 breast cancer gene.

Licensed technology also includes
—  the human BRCA2 gene(s);
—  any fragment(s) of material containing a DNA sequence from the BRCA2 gene(s);
—  any BRCA2 protein molecules;
—  nucleic acid molecules and monoclonal antibodies that bind to the BRCA2 gene(s) or its DNA sequence;
—  any mutations or altered form of the BRCA2 gene(s);
—  any animal or human homologues of the BRCA2 gene(s);
—  any other 'technologies' and/or products developed under this research collaboration required for diagnostic or therapeutic commercial applications of the BRCA2 gene.

Licensed technology further includes all uses of the BRCA2 gene(s) and its products, should they be isolated, characterized, developed or sequenced under this research collaboration, including such uses as diagnostic and therapeutic applications.

Field of Use
The field of use is for the commercial development, use and sale of any inventions that may result from the discovery of the BRCA2 breast cancer gene.

IPSCIO Record ID: 299284

License Grant
Licensor of Canada grants an exclusive license under Licensors patent rights to make, have made, use, and sell Licensed Products and to practice the Licensed Methods throughout the world where Licensor may lawfully grant such a license.

The Licensor also grants an exclusive license to practice non-patentable proprietary licensed technology in making, having made, using or selling licensed products and to practice the licensed methods  throughout the world where Licensor may lawfully grant such a license.

And, Licensor grants the right to issue sublicenses.

License Property
Licensor certain genetic research for the isolation, sequencing, and identification of cancer genes.

Licensee has certain proprietary information and biological materials concerning the BRCA2 breast cancer gene.

Licensed technology also includes
—  the human BRCA2 gene(s);
—  any fragment(s) of material containing a DNA sequence from the BRCA2 gene(s);
—  any BRCA2 protein molecules;
—  nucleic acid molecules and monoclonal antibodies that bind to the BRCA2 gene(s) or its DNA sequence;
—  any mutations or altered form of the BRCA2 gene(s);
—  any animal or human homologues of the BRCA2 gene(s);
—  any other 'technologies' and/or products developed under this research collaboration required for diagnostic or therapeutic commercial applications of the BRCA2 gene.

Field of Use
The field of use is for the commercial development, use and sale of any inventions that may result from the discovery of the BRCA2 breast cancer gene.

IPSCIO Record ID: 299285

License Grant
University grants an exclusive, world-wide right and license, with the right to grant sublicenses, to make, have made, use and sell joint licensed products.
License Property
The University jointly owns and is a joint proprietor of certain intellectual property relating to the human BRCA-2 breast cancer gene.
Field of Use
The field of use means any and all applications and uses of the BRCA-2 breast cancer gene, including but not limited to all diagnostic and therapeutic applications.

IPSCIO Record ID: 273391

License Grant
Licensor hereby grants to Licensee, subject to all the terms and conditions of this Agreement, a worldwide, nonexclusive right and license (without the right to grant sublicenses) under the Patent Rights to (a) use, offer to sell, sell and practice Diagnostic Services in the Field; (b) make, have made, use, offer to sell, sell and import Licensed Reagents in the Field; and (c) make, have made, use, offer to sell, sell and import Kits in the Field. Notwithstanding the foregoing, Licensor hereby grants to Licensee the worldwide, non-exclusive right to convey to the end-user (purchaser) of FDA (U.S. Food and Drug Administration) Approved Kits manufactured by Licensee the right to perform Diagnostic Services solely in conjunction with the use of FDA Approved Kits manufactured by or on behalf of Licensee (without the right to grant sublicenses).
License Property
Patent Rights shall mean collectively the Gene Patent Rights and the Methodology Patent Rights.

Diagnostic Service(s) shall mean the performance of laboratory-based assays covered in whole or in part by a Valid Claim of the Patent Rights.

Gene Patent Rights shall mean the United States and foreign patents and patent applications relating to the APC (Adenomamus polyposis coli) gene and/or the p53 gene and licensed (with the right to grant sublicenses) to Licensor pursuant to the JHU (Johns Hopkins University) License Agreement together with patents arising therefrom and any extensions, registrations, confirmations, reissues, divisions, continuations or continuations-in-part, re-examinations or renewals thereof, including without limitation the patents and patent applications listed hereto (which may be updated from time to time to include such additional patents and patent application that may arise therefrom); provided, however, that Gene Patent Rights expressly excludes any claims of such patents and patent applications that fall outside of the Field, including, without limitation, claims to antibodies, to the treatment, prevention or remedying of a gene deficiency, to purified proteins, or to DNA (Deoxyribonucleic acid) sequences other than those sequences that correspond to the p53 gene and the APC (Adenomatous polyposis coli) gene; provided further that DNA sequences which are (i) immediately adjacent to the p53 or APC genes and (ii) necessary to the use of the p53 or APC genes, respectively, in the Field shall be considered within the Gene Patent Rights.

US Patent No.  5,352,775 – APC gene and nucleic acid probes derived therefrom
US Patent No.  5,527,676 – Detection of loss of the wild-type P53 gene and kits therefor

Methodology Patent Rights shall mean the United States and foreign patents and patent applications relating to methods of detecting mammalian nucleic acids isolated from stool specimens and reagents therefor and licensed (with the right to grant sublicenses) to Licensor pursuant to the JHU (Johns Hopkins University) License Agreement together with patents resulting therefrom and any extensions, registrations, confirmations, reissues, divisions, continuations or continuations-in-part, re-examinations or renewals thereof, including without limitation the patents and patent application listed hereto (which may be updated from time to time to include such additional patents and patent applications that may arise therefrom).

US Patent Application No. W093/20235 and 08/861,910 (detecting mammalian nucleic acids from stool)

Licensed Reagent shall mean any Reagent covered in whole or in part by a Valid Claim of the Patent Rights.

Kit shall mean a collection of one or more Reagents, including at least one Licensed Reagent, packaged in the form of a kit (including an FDA Approved kit).

Field of Use
Field shall mean (a) stool-based detection of any disease or condition (including pre-cancers, staging and monitoring of the foregoing, and therapeutic response) for research and development, Clinical Laboratory Improvement Amendments (CLIA) testing services (and their foreign equivalents), and FDA Approved Kits; and (b) a screening assay (regardless of other uses to which such assay is put) for colorectal cancer in any type of patient samples, excluding tests solely for staging and/or monitoring of colorectal cancer which do not obsolete or adversely impact such screening assay.

IPSCIO Record ID: 280930

License Grant
Licensor hereby grants to Iceland Licensee a discount on Chips pursuant to the terms and conditions set forth in the Supply Agreement.

Licensor hereby grants to Licensee, under all Intellectual Property that (i) Licensor develops during the Term, and (ii) was developed by funding approved by the Joint Management Committee, a perpetual, royalty-free (except to the extent that royalties are owed to third party licensors, in which event such royalties shall be deducted by Licensor in determining COGS), worldwide, co-exclusive right with Licensor and license, with the right to grant sublicenses only as permitted under this agreement, to develop and use the Diagnostic Products in accordance with this Development Agreement. Such rights shall survive termination of this Development Agreement if Licensee is the Non-Defaulting Party.

Licensor hereby grants Licensee during the Term, a limited, royalty-free, non-exclusive right and license, with the right to grant sublicenses only as permitted under this agreement, to the use of certain of its trademarks and service marks, trade names and logos to be specifically identified by Licensor (collectively hereinafter referred to as “Licensor Marks”) solely in connection with the commercialization activities provided for in this Development Agreement.

License Property
Chip shall mean the HumanHap300 Genotyping BeadChip or substantially equivalent product that permits the genotyping of approximately 317,000 SNP loci per Sample using the Infiniumâ„¢ Reagents.

Diagnostic Products shall mean any commercially available testing kit or service able to detect the Diagnostic Content as set forth   Diagnostic Content
1. Myocardial infarction susceptibility – Leukotriene A4 Hydrolase (LTA4H) with estimated RR of 3.57 in African-Americans (estimated carrier frequencies of 20% in MI patients and 6% in the general population). These results are based on three independent African-American cohorts (the 'LTA4H Variants').
2. Type 2 diabetes susceptibility -TCF7L2 gene – estimated RR of 2.41 for those who are homozygous (15% of diabetics and 7% of the general population are homozygous). These results are based on three independent cohorts from US, Iceland and Denmark) (the 'TCF7L2 Variants').
3. Breast cancer susceptibility-BARDl breast cancer associated variants -one variant is carried by 6 to 7% of Icelandic patients compared to 3% of controls with overall RR of 1.8 and carriers have twice the risk for a second primary breast cancer. It also appears to increase penetrance of BRCA2 mutation carriers.
4. Any other potential targets arising from the molecular pathways associated with the above list, as listed in this agreement.
5. Any additional Diagnostic Content agreed to in writing by both Parties as an addendum

Field of Use
The alliance will initially focus on the development, validation and commercialization of specific diagnostic tests for variants in genes involved in three disease-related pathways
the gene-encoding leukotriene A4 hydrolase, linked to heart attack;
the gene-encoding transcription factor 7-like 2 (TCF7L2), linked to type 2 diabetes;
the gene encoding BARD1, linked to breast cancer.

IPSCIO Record ID: 280981

License Grant
The Iceland Licensor hereby grants to Licensee, under Intellectual Property Controlled by Licensor (other than the Licensor Marks) that, but for the license granted in this agreement would be infringed or otherwise violated, a royalty-free (except to the extent that royalties are owed to third party licensors), worldwide, exclusive right (even as to Licensor, except to the extent necessary for Licensor to satisfy it obligations hereunder) and license, with the right to grant sublicenses only as permitted under this agreement, to develop, make, have made, use, offer for sale, sell, have sold and import the Diagnostic Products.

Licensor hereby grants to Licensee, under all Intellectual Property that (i) Licensor develops during the Term, and (ii) was developed by funding approved by the Joint Management Committee, a perpetual, royalty-free (except to the extent that royalties are owed to third party licensors, in which event such royalties shall be deducted by Licensor in determining COGS), worldwide, co-exclusive right with Licensor and license, with the right to grant sublicenses only as permitted under this agreement, to develop, make, have made, use, offer for sale, sell, have sold and import the Diagnostic Products.

Licensor hereby grants to Licensee during the Term, a limited, royalty-free, non-exclusive right and license, with the right to grant sublicenses only as permitted under this agreement, to access and use the Statistical/Informatics Programs, defined in agreement, that were developed by Licensor to define phase of haplotypes based on measured SNPs along with accuracy parameters, for use in the Development Effort.

Licensor hereby grants Licensee during the Term, a limited, royalty-free, non-exclusive right and license, with the right to grant sublicenses only as permitted under this agreement, to the use of certain of its trademarks and service marks, trade names and logos to be specifically identified by Licensor (collectively hereinafter referred to as “Licensor Marks”) solely in connection with the commercialization activities provided for in this Development Agreement. Licensee agrees to comply with Licensor’s guidelines delivered to Licensee from time to time with respect to manner of use, and to maintain the quality standards of Licensor with respect to the goods sold and services provided in connection with the Licensor Marks. Licensee recognizes and agrees that no ownership rights are vested or created by the limited rights of use granted to Licensee in connection with this use of the Licensor Marks, and that all goodwill associated with the use thereof inures to the benefit of Licensor.

License Property
Chip shall mean the HumanHap300 Genotyping BeadChip or substantially equivalent product that permits the genotyping of approximately 317,000 SNP loci per Sample using the Infiniumâ„¢ Reagents.

Diagnostic Products shall mean any commercially available testing kit or service able to detect the Diagnostic Content as set forth   Diagnostic Content
1. Myocardial infarction susceptibility – Leukotriene A4 Hydrolase (LTA4H) with estimated RR of 3.57 in African-Americans (estimated carrier frequencies of 20% in MI patients and 6% in the general population). These results are based on three independent African-American cohorts (the 'LTA4H Variants').
2. Type 2 diabetes susceptibility -TCF7L2 gene – estimated RR of 2.41 for those who are homozygous (15% of diabetics and 7% of the general population are homozygous). These results are based on three independent cohorts from US, Iceland and Denmark) (the 'TCF7L2 Variants').
3. Breast cancer susceptibility-BARDl breast cancer associated variants -one variant is carried by 6 to 7% of Icelandic patients compared to 3% of controls with overall RR of 1.8 and carriers have twice the risk for a second primary breast cancer. It also appears to increase penetrance of BRCA2 mutation carriers.
4. Any other potential targets arising from the molecular pathways associated with the above list.
5. Any additional Diagnostic Content agreed to in writing by both Parties as an addendum

SNP shall mean a single nucleotide polymorphism.

Field of Use
Licensee have also established a partnership to develop FDA-approved DNA diagnostic test kits based upon Licensor's gene discoveries in heart attack, type 2 diabetes and breast cancer, utilizing Licensee's Vericode clinical genotyping platform.

IPSCIO Record ID: 223141

License Grant
The German Licensor hereby grants to Licensee an exclusive license (including the right to grant sublicenses) under the Licensed Patent Rights to conduct research and to develop, make, use, offer for sale, sell and import Licensed Products and to provide Services in the Territory.
License Property
Licensed Patent Rights shall mean (a) those certain patent applications and patents listed hereto; (b) all patents that have issued or in the future issue from such foregoing patent applications, including utility, model and design patents and certificates of invention; (c) all patents that have issued or in the future issue from any patent application that claims priority from, or common priority with, any of the foregoing patent applications, including utility, model and design patents and certificates of invention; and (d) all divisionals, continuations, continuations-in-part, reissues, renewals, extensions or additions to any such foregoing patent
applications and patents.

W003023057 (PCT /EP02/05489) – Method and Diagnosis Kit for Selection and/or for Qualitative and/or Quantitative Detection of Cells

Licensed Products shall mean in-vitro diagnostic assays to isolate, detect, identify, quantify, or test for drug susceptibility of, one or more proteins or nucleic acid sequences as diagnostic indicators for the presence of prostate cancer and/or bladder cancer, for the purpose of research, diagnosis or medical care, the  manufacture, use, sale offer for sale or importation of which would, but for the license herein granted by AdnaGen to Gen-Probe, infringe one or more Valid Claims of the AdnaGen Patent Rights.

Field of Use
This agreement pertains to the medical industry relating to certain technology concerning the qualitative and quantitative detection of cells which may be useful in connection with nucleic acid diagnostic assays. The diagnostic indicators are used for the presence of prostate cancer and/or bladder cancer, for the purpose of research, diagnosis or medical care.

'Group 1 Additional Products' shall mean in-vitro diagnostic assays to isolate, detect, identify or quantify, or test for drug susceptibility of, one or more proteins or nucleic acid sequences as diagnostic indicators for the presence of kidney cancer, cervical cancer, and/or ovarian cancer, for the purpose of research, diagnosis or medical care, the manufacture, use, sale offer for sale or importation of which would, but for the license herein granted by AdnaGen to Gen-Probe, infringe one or more Valid Claims of the Licensed Patent Rights.

'Group 2 Additional Products' shall mean in-vitro diagnostic assays to isolate, detect, identify or quantify, or test for drug susceptibility of, one or more proteins or nucleic acid sequences as diagnostic indicators for the presence of lung cancer, colon cancer, and/or breast cancer, for the purpose of research, diagnosis or medical care, the manufacture, use, sale offer for sale or importation of which would, but for the license herein granted by AdnaGen to Gen-Probe, infringe one or more Valid Claims of the Licensed Patent Rights.

IPSCIO Record ID: 2305

License Grant
Licensor is providing the Company with an exclusive worldwide license to Licensor’s existing and future human genome technologies that are useful for the purposes of development and commercialization of certain of the Company's services, including (i) testing, detection and/or analysis of cancer-predisposing genes; (ii) genetic assessment of risk of an individual to develop cancer; and (iii) testing and analysis for the purposes of cancer management.
License Property
The proprietary technologies include functional gene assay and microsatellite instability technology.  In addition, the Company currently uses conventional gene sequencing to detect gene mutations.  The Company intends to utilize protein truncation methods, Oncor’s proprietary Tri-Amp DNA amplification technology, various gel electrophoresis screening methods and automation to detect genetic mutations.
Field of Use
The Licensee was formed to develop genetic testing and information services for the early detection and management of cancer.  Also engaged in research and development programs and organizational efforts.  The rights granted apply to the healthcare industry.

IPSCIO Record ID: 27967

License Grant
Licensor, is willing to grant to the sublicensee a worldwide, nonexclusive, royalty-bearing sublicense to use such patent rights for the development and commercialization of Diagnostic Services, Licensed Reagents and Kits.  Certain patent rights including but not limited to screening, diagnosis, prognosis and monitoring tests, for the purpose of detecting changes associated with colorectal cancer, were licensed under the agreement dated as of February 5, 1992.
License Property
Diagnostic Service(s) shall mean the performance of laboratory-based assays covered in whole or in part by a Valid Claim of the Patent Rights.

U.S. Patent No. 5,352,775 & U.S.  Patent Application No.  08/861,910

Field of Use
Field shall mean the determination, in stool or samples prepared from stool, of the presence of, absence of or variation(s) within a nucleic acid of interest, or differences between a nucleic acid of interest and a reference standard or sample, including but not limited to screening, diagnosis, prognosis and monitoring tests, for the purpose of detecting changes associated with colorectal cancer.

IPSCIO Record ID: 294268

License Grant
Licensor grants an exclusive, perpetual, worldwide license under all Licensor Biomarker IP, Licensor Collaboration IP and Licensor Platform IP to  use Instruments, and Proprietary Supplies supplied by Licensor solely to develop and commercialize such Licensed Laboratory Test; and, make, have made, use, sell, offer for sale, import and otherwise exploit any and all subject matter within the Licensor Licensed Technology that is not supplied to Licensee by Licensor hereunder or the applicable Supply Agreement or made generally commercially available to Third Parties by Licensor, in each case to develop and commercialize such Licensed Laboratory Test.

This agreement has exclusive and non-exclusive territories.

License Property
Licensor develops, manufactures and markets its Protein Chip Systems using its patented surface enhanced laser desorption/ionization (SELDI) technology and also owns and operates a division directed toward the development and commercialization of products for the field of Clinical Diagnostics, including the discovery, principally through Licensor Collaboration Agreements, of disease-specific Biomarkers and protein signatures that could be utilized in Licensed Laboratory Tests and Test Kits.

Clinical Diagnostic means, in connection with clinical medical practice, the assaying, testing, or determination outside of a living organism of one or more Biomarkers in or on any test sample for the purpose of identifying, characterizing, defining, or diagnosing a disease state or other condition in humans or animals, including without limitation determining the state of an individual’s health to treat or prevent disease as well as the screening, prognosis, therapeutic monitoring, and/or evaluation of the progression of any disease or other condition.

Biomarker means any
—  nucleic acid (whether DNA, RNA or otherwise), protein or organic molecule;
—  set of nucleic acids, proteins and/or organic molecules or
—  profile, i.e., presence and/or quantity, of the items described.  As used herein, the term protein refers to any polypeptide and the term nucleic acid refers to any nucleotide sequence, in either case whether naturally occurring, synthesized, modified or otherwise.

The patents relate to cancers and heart disease.

Field of Use
Field means all potential Clinical Diagnostics.   Licensor products are for the field of Clinical Diagnostics, including the discovery of disease-specific Biomarkers and protein signatures that could be utilized in Licensed Laboratory Tests and Test Kits .

Licensee is a provider of diagnostic testing, information and services and has substantial experience in the development and commercialization of products having Clinical Diagnostic Applications.  This alliances activities are directed toward discovery of Biomarkers for Clinical Diagnostic applications, and, modifications to the Licensors Platform Technology to meet the requirements of the Clinical Diagnostics markets and FDA.

IPSCIO Record ID: 282956

License Grant
Licensor hereby grants to Licensee under the Licensed Patents a non-exclusive license, without the right to grant sublicenses, to make, sell, offer for sale or otherwise dispose of Licensed Products in the Territory solely for use in the Licensed Field. Under this license, Licensee may use the Licensed Products only to the extent necessary for Licensee to perform quality control functions on lots of the Licensed Products, but under no circumstances may Licensee use the Licensed Products for Research Purposes or for any other purpose within or outside the License Field.
License Property
Licensed Product means a Kit and an End User License.

Licensed Patents means US Patent No. 5,888,819 and 6,004,744 and any divisionals, continuations, reissues, and foreign counterparts thereof.

5,888,819 – Method for determining nucleotide identity through primer extension
6,004,744 – Method for determining nucleotide identity through extension of immobilized primer

Instruments' mean automated electrophoresis nucleotide sequencing

'Genotype' means the detection or quantification of an individual SNP within a single sample (whether or not the genome of the sample is heterozygous for the given SNP).

Kit means a product designed for performing Primer Extension comprising one or more Reagents, the sale or offer for sale of which, without the licenses granted herein, would infringe or contribute to the infringement of at least one claim of a Licensed Patent.

Primer Extension means a nucleic acid template-dependent primer extension reaction to determine the identity of a single nucleotide base at a specific position in a nucleic acid of interest in which the reaction is performed in the presence of two or more terminators and in the absence of extendable nucleotides.

Reagent means an enzyme, buffer, primer extension chain-terminating compound or other composition useful for Primer Extension.

Field of Use
Licensed Field means the use of a Licensed Product on Approved Instruments for Research Purposes only. Practical applications of these techniques include genetic disease diagnoses, infectious disease diagnoses, forensic techniques, paternity determinations, and genome mapping.

IPSCIO Record ID: 245921

License Grant
The NewCo/Licensee was established for the purpose of developing oncology assays and instrumentation and providing laboratory services.

Licensor wishes to engage Newco to, among other things, develop diagnostic and pharmacogenomic products resulting from the Research Program under a separate party Collaboration Agreement.

For the Product Commercialization Licenses,  Licensor grants a non-exclusive right and license in the Territory, without the right to grant sublicenses under the Licensor Intellectual Property, to make and use any Program Diagnostic Product that has received FDA Approval for the purpose of Licensee providing Reference Laboratory Services inside any Exclusive Non-Colon Product Area, and any Program Diagnostic Product that has received FDA Approval and that contains a Program Validated Marker controlled by a Party that was developed for an Exclusive Non-Colon Product Area for the purpose of Licensee providing Reference Laboratory Services inside the Disease Area that includes such Exclusive Non-Colon Product Area.

Licensor grants a non-exclusive right and license in the Territory, without the right to grant sublicenses  under the Licensor Intellectual Property, to make and use any Program pharmacogenomic Product that has received FDA Approval for the purpose of Licensee providing reference Laboratory Services to address any Co-Exclusive Non-Colon Pharmacogenomic Product Opportunity.

Licensor grants to each Licensee a co-exclusive, with Licensor,  right and license in the Territory, without the right to grant sublicenses, under the Licensor Intellectual Property, to make, use, import, offer to sell and sell any Program Diagnostic Product that is a Staging Product that has received FDA Approval inside any Exclusive Non-Colon Product Area, and any Program Diagnostic Product that is a Staging Product that has received FDA Approval and that contains a Program Validated Marker controlled by a Party that was developed for a Screening Product in an Exclusive Non-Colon Product Area inside the Disease Area that includes such Exclusive Non-Colon Product Area.

Licensor grants to each Licensee a co-exclusive with Licensor or another co-exclusive licensee of Licensor a right and license in the Territory, without the right to grant under the Licensor Intellectual Property, to make, use, import, offer to sell and sell any Program Pharmacogenomic Product that has received FDA Approval to address any CoExclusive Non-Colon Pharmacogenomic Product Opportunity.

Licensor grants to each Licensee a co-exclusive with Licensor, a right and license in the Territory, without the right to grant sublicenses, under the Licensor Intellectual Property to make, use, import, offer to sell and sell any Program Diagnostic Product that is a Screening Product and that has received FDA Approval inside any Exclusive Non-Colon Product Area within the Disease Area of cervical cancer and any Program Diagnostic Product that is a Screening Product for the-Disease Area of cervical cancer that has received FDA Approval and that contains a Program Validated Marker controlled by a Party that was developed for a Staging Product in an Exclusive Non-Colon Product Area inside the Disease Area of cervical cancer.

Licensor grants to each Licensee a co-exclusive, with Licensor or another co-exclusive licensee of Licensor, a right and license in the Territory, without the right to grant sublicenses, under the Licensor Intellectual Property, to make, use, import, offer to sell and sell, any Program Diagnostic Product that is a Staging Product.

Licensor grants to each Licensee a co-exclusive, with Licensor or another co-exclusive licensee of Licensor, a right and license in the Territory, without the right to grant sublicenses, under the Licensor Intellectual Property, to make, use, import, offer to sell and sell any Program Pharmacogenomic Product that has not received FDA Approval as a Research Use Only or RUO product and as an Analyte
Specific Reagent or ASR product to address any Co-Exclusive Non-Colon Pharmacogenomic Product Opportunity.

For the Research Use License Relating to Colon Cancer, Licensor grants to Licensee, a worldwide, non-exclusive, right and license, without the right to grant sublicenses, under Licensor Intellectual Property to make and use Markers to
–  discover and develop Validated Markers relevant to the Disease Area of colon cancer; and,
–  develop, but not to sell or otherwise commercially exploit, Diagnostic Products for use in the
Disease Area of colon cancer.

For the Research Licenses, Licensor grants a non-exclusive, right and license in the Territory, without the right to grant sublicenses, under the Licensor Intellectual Property, to
–  make and use Program Candidate Markers and Program Validated Markers in the course of the
Research Program, to the extent necessary, for Licensee to undertake Licensors responsibilities as set forth in the Research Plan, and,
–  make and use Program Validated Markers in the course of the Development Program, to the extent necessary for Licensee to undertake Licensors responsibilities as set forth in the Development Program.

License Property
Licensor is engaged in the business of, among other things, discovering, developing and marketing diagnostic products.

Licensor has rights to technology for the purpose of discovering and commercializing novel diagnostic and pharmacogenomic products.

Assays means formatted reagents for conducting a diagnostic or pharmacogenomic test using
–  an instrument(s) owned by Licensee, or to which Licensee otherwise has access, and/or
–  any other platform(s) designated by the Licensor/Licensee Joint Steering Committee.

Field of Use
This program will include the development and commercialize staging/prognostic tests for cervical, breast and prostate cancer using specific cancer marker panels.
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