Royalty Report: Medical, Personal Care Products, Device – Collection: 26078

VelaShape® is a non-invasive body contouring treatment for circumferential and cellulite reduction*. VelaShape enables you to safely achieve a toned, contoured and well shaped body in typically 3 treatment sessions (single treatment protocol is also available); making you look and feel more youthful. VelaShape provides dramatic results without downtime or significant discomfort.

The Licensor's technology enables physicians to provide solutions for a broad range of medical-aesthetic applications including body contouring, hair removal, wrinkle reduction, tattoo removal, improving the skin's appearance through the treatment of superficial benign vascular and pigmented lesions, and the treatment of acne, leg veins and cellulite.

Laserscope Hair Module shall mean any energy source module, sold by Laserscope or Laserscope Affiliates, that is marketed as being capable of using or uses or is incorporated into a product or system that uses optical radiation to remove hair.

Laserscope Other Module shall mean any energy source module, sold by Laserscope or Laserscope Affiliates, that is marketed as being capable of using or uses or is incorporated into a product or system that uses optical radiation for the treatment of skin including treatment of vascular and pigmented lesions, acne, fat, cellulite, wrinkles, scars and tattoos, skin tightening, and for other dermatological applications.

The Anderson Patents include patents 5,595,568 & 5,735,844, 5,824,023.

Channel of Trade with respect to products containing glycolic acid shall mean the mail order, multi level, and direct door-to-door markets and to products containing gluconolactone shall mean any market or channel of distribution.

Licensed Products shall include any cosmetic and/or dermatologic preparation covered by the Licensed Patent Rights (a) containing glycolic acid and/or its salts (1) for the treatment of human skin wrinkles and/or fine lines on the human skin; (2) the treatment of dry skin; (3) as a skin cleanser; (4) as a hair conditioner; (5) as a shampoo; or (b) cosmetic and dermatologic preparations containing glycolic acid and/or its salts, in combination with salicylic acid for the treatment of acne; or (c) cosmetic and dermatologic preparations containing glycolic acid and/or its salts in combination with two percent (2%) or less of hydroquinone for the treatment of pigmented spots on human skin; or (d) cosmetic and dermatological preparations containing gluconolactone for alleviating or improving the signs of dermatological aging of the human skin, including the reduction of human skin wrinkles.

Licensed Patent Rights shall mean, subject to the specific exclusions set forth  (as amended herein), and all divisions, continuations, continuations-in-part, reissues, reexaminations and extensions thereof (a) covering only cosmetic and dermatologic preparations containing glycolic acid and/or its salts for (1) the treatment of human skin wrinkles and/or fine lines on the human skin; (2) the treatment of dry skin; (3) as a skin cleanser; (4) as a hair conditioner; (5) as a shampoo; (b) covering only cosmetic and dermatologic preparations containing glycolic acid and/or its salts, in combination with salicylic acid for the treatment of acne; (c) covering only cosmetic and dermatologic preparations containing glycolic acid and/or its salts in combination with two percent (2%) or less of hydroquinone for the treatment of pigmented spots on human skin; and (d) covering only cosmetic and dermatological preparations containing gluconolactone for alleviating or improving the signs of dermatological aging of the human skin, including the reduction of human skin wrinkles.

U.S. Patent No. 5,595,568 entitled 'Permanent Hair Removal Using Optical Pulses,' and U.S. Patent No. 5,735,844 entitled 'Hair Removal Using Optical Pulses.'

Each Party agrees to fully cooperate with the other Party and hereby assigns to the other Party the Project patents and Project know-how to the extent necessary to achieve the ownership and other rights set forth in this Agreement. This includes, but is not limited to, reviewing patent applications and providing comments to the same, providing comments to facilitate prosecution or opposition of the other Party’s patent application or a joint patent application, providing data or evidence of patentability required for prosecution or opposition and executing assignment documents and instruments reasonably necessary to evidence or record such assignment or to enforce rights in the assigned intellectual property.

Project Patent  Any Patent claiming a Project invention.

Project patent – Device Any Project patent wherein (a) each of the claims covers at least one of the following, or covers a combination of any of the following any Device, Device component, RF and/or optical radiation or other types of energy sources, or method of making or using any of the same; and (b) no such claims cover, or include limitations directed specifically to, any of the following, or a combination of any of the following any Personal Care Composition, ingredient(s) thereof, or a method of making or using any of same, or Licensee Device technology. None of the individual items listed in clause (a) shall be used to interpret or limit the scope of other items listed in such clause (there is overlap among categories).

Project invention Any invention conceived and/or reduced to practice (a) by Licensor employees or other agents (whether solely or jointly with another), (b) by Licensee employees or other agents (whether solely or jointly with another), or (c) by at least one of each of the foregoing in (a) and (b), in each case (x) pursuant to their conduct of the Project, or (y) using the other Party’s materials that are (or were prior to the effective date) received in connection with (or in preparation for) the Project or otherwise pursuant to this JDSA.

Personal Care Composition Topical formulations and compositions for application to keratinous tissue (including skin, hair, and nails) marketed to consumers for using either during operation of the Device or within a treatment regimen(s) using the Device. Such a regimen includes pre-and post treatment lotions, but excludes cleansers, daily use lotions or other general use lotions.

Device technology All technology solely developed by Licensee pertaining to delivery, distribution and/or application of compositions from a device, aesthetic or ergonomic aspects of devices, consumables other than consumables utilized for the administration of energy or cooling of the skin or otherwise retro-fitted components for use with devices other than components utilized for the administration of energy or cooling of the skin, discoveries and inventions related to the marketing of devices, discoveries and inventions related to the consumer use or consumer interface that’s associated with the use of the device by the consumer, methods of use of devices within the field, business methods associated with marketing devices within the field, discoveries and inventions related to safety aspects of devices.

Intellectual property or IP Inventions, discoveries and technology, whether patentable or not, and all patents, registrations, invention disclosures and applications therefore, including divisions, continuations, continuations-in-part, and renewal applications, and including renewals, extensions, re-examinations and reissues; (ii) Confidential Information, trade secrets and know-how, including processes, schematics, business methods, formulae, drawings, prototypes, models, designs, customer lists and supplier lists (collectively, “Trade Secrets”); (iii) published and unpublished works of authorship, whether copyrightable or not (including, without limitation, databases and other compilations of Information), copyrights therein and thereto, and registrations and applications therefore, and all renewals, extensions, restorations and reversions; and (iv) all other intellectual property or proprietary rights.

Benefit Enhancement of skin appearance with respect to preventative and therapeutic treatment of, the following conditions fine lines, wrinkles, hyperpigmentation, superficial and benign vascular and pigmented lesions, such as telangiectasias, rosacea, poikiloderma, cellulite and angioma, but not including (and explicitly excluding) the following conditions and applications adipose tissue, skin recontouring or reshaping, fat reduction, lypolysis, acne, leg veins, hair removal, and the inhibition, prevention, reduction, or slowing of hair growth.

This agreement pertains to the medical industry relating to in-home personal use that utilize radio frequency (“RF”) alone or a combination of RF and optical radiation and/or other types of energy sources, alone or when in conjunction with Personal Care Compositions, to enhance an individual’s skin appearance.

The Licensor assigned the company certain patents and technology relating to the field of energy-based health treatments.  In consideration for such assignment and license, the company granted the Licensor a non-exclusive license under certain patent applications to develop and commercialize products outside such field, subject to a right of first negotiation and option, and an exclusive license within the field of ultrasonic energy-based health treatments.

Technology relates to patent for ultrasonic energy-based health treatments.

Methods and Apparatus for Reducing Sweat Production 60/912,899

Methods, Devices and Systems for Non-Invasive Delivery of Microwave Therapy 61/013,274

Systems and Methods for Creating an Effect using Microwave Energy in Specified Tissue 61/045,937

Systems and Methods for Creating an Effect using Microwave Energy to Specified Tissue, such as Sweat Glands 61/196,948

Systems, Apparatus, Methods and Procedures for the Non-Invasive Treatment of Tissue Using Microwave Energy PCT/US2008/013650

Systems, Apparatus, Methods and Procedures for the Non-Invasive Treatment of Tissue Using Microwave Energy 61/208,315

“Alternate Field” shall mean energy-based treatments, other than Ultrasonic Energy or Microwave Energy, for sweat reduction, acne, hair removal, skin tightening and spider veins.