Royalty Report: Packaging & Containers, Food, Beverages – Collection: 27311

License Grant

The Licensor hereby grants the exclusive worldwide rights to manufacture, use, sell and promote Licensor’s Inventions, developed certain technology embracing self-heating containers.

License Property

The Licensor has developed certain technology embracing self-heating containers.

“Licensor's Patent Applications” shall mean technology described and claimed in United States patent application serial no. 08/250, 537, entitled “Container with Integral Module for Heating or Cooling the Content”; serial no. 29/025/518, entitled 'Beverage Container'; United States patent application serial no. 08/550,547.

'Licensor's Inventions' shall mean structural, functional, design and ornamental aspects of self-heating or self-cooling containers, including components of the containers and all processes for manufacturing the containers or components, including all know-how and trade secrets of Licensor, and all improvements thereto, patentable or unpatentable, now owned or controlled by Licensor or developed or acquired by Licensor during the term of this agreement.

'Licensor's Mark's shall mean 'Insta-Heat,' 'Insta-Cool' and  'Anytime, Anywhere'

License Grant

The Licensor entered into a new exclusive option and license agreement with Licensee  for worldwide rights to the Licensor's patents and technology for a twenty-year term relative to self-cooling processes and self-heating technology for potential use in the food and beverage industries.

License Grant

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

License Property

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

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

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

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

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

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

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

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

Field of Use

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

License Grant

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

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

License Property

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

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

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

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

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

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

Field of Use

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

License Grant

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

License Property

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

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

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

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

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

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

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

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

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

Field of Use

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