Royalty Report: Drugs, Biotechnology, Veterinary – Collection: 2769

License Grant

The Licensor entered into a Swine Improvement Agreement with the Licensee.  Under the collaboration, the Licensor is providing the Licensee with an exclusive royalty-bearing license to access the swine Genius-Whole Genome System.

License Property

The Genius-Whole Genome System for swine utilizes a map of approximately 600,000 SNPs, and associated intellectual property.  We have licensed this technology  to enable it to provide high-quality genetic information to pork producers, packers and to consumers.

Licensor has expertise in applied genomic and proteomic technologies for optimization of livestock and has developed information on the swine genome.

Licensor Database means swine genomics information owned or controlled by Licensor, including porcine sequence reads and consensus sequence, identification of the animal/breed from which each sequence was derived, sequence contig files identifying the approximately 631,000 'in silica' single nucleotide polymorphisms (SNPs), and comparative sequence analysis from which approximately 217,000 porcine SNPs with synteny to human sequences were identified.

Product means any method, service, or activity performed by or for Licensor through the use of an Improvement or any animal or animal part or product, such as semen or embryos, produced by or for Licensor or its Sublicensees through the use of an improvement.

Field of Use

The Swine Field means the activities and genetics useful in production of swine and products derived from swine.

The Dairy Field means the breeding of bovine breeds used in the U.S. primarily for dairy purposes.

The Parties are working to improve the breeding business and the resulting swine genetics for certain Traits.

License Grant

Licensor agrees to grant an exclusive, worldwide licenses to use Improvements in any area outside of the Swine Field.

License Property

Licensor is in the  business of breeding swine and licensing the resulting  swine genetics to swine producers and other entities in the pork value chain,  and conducts research in the areas of swine  genomics,  QTL  discovery  and fine  mapping,  and the practical application of marker-assisted selection in swine.

Product means any method, service, or activity performed by or for Licensee through the use of an Improvement or any animal or animal part or product, such as semen or embryos, produced by or for Licensee or its Sublicensees through the use of an improvement.

Field of Use

The Swine Field means the activities and genetics useful in production of swine and products derived from swine.

The Dairy Field means the breeding of bovine breeds used in the U.S. primarily for dairy purposes.

The Parties are working to improve its breeding business and the resulting swine genetics for certain Traits.

License Grant

In this agreement, the Licensee acquired some of the animal-related assets of the Licensor. The assets acquired consisted of a canine and cattle genotyping business operating in Davis, California, and an exclusive, perpetual world-wide License. The Licensor granted a non-exclusive, perpetual worldwide License (with no right to subLicense) to access and to use certain of its cattle, swine and poultry genomic database products, SNP maps and tools (e.g. software) in connection with livestock and aquaculture production. Licensor is a stockholder of Licensee.

Our License was subsequently converted to an exclusive License in June 2004. Pursuant to the License Agreement, the Licensee also has a right of first offer for the Licensor's services for genome and SNP map production for food producing animals other than cattle, swine and poultry in connection with livestock and aquaculture production.

Field of Use

The Licensee operates this acquisition through MMI Genomics, Inc., our wholly owned subsidiary in Davis, California.  The rights granted apply to the animal industry.

License Grant

Licensor is willing to grant a licence to use the Know-How, the Trade Mark and the Licensed Patents and a sub-licence under the Third Party licences in order to apply for Product Licences worldwide and to manufacture, use, sell or otherwise commercially deal in the Licensed Products.

Licensor is further willing to grant an exclusive option to purchase the Licensed Patents, the Trade Mark and the Know-How and to take an assignment of the Third Party Licences on the terms and conditions set out in this Agreement.

License Property

The Licensed product is recombinant porcine somatotrophin. Trademark shall mean REPORCIN. Licensor is the sole beneficial owner of the Licensed Patents, the Trade Mark and the Know-How and a licensee of the Third Party Patents and the Third Party Know-How under the Third Party Licences.

Reporcin is a performance and meat quality improvement product for injectable use in swine.

In accordance with this invention, porcine somatotropin is administered on a daily basis to animals, in conjunction with their intake of their normal feed ration. Porcine somatotropin, or porcine growth hormone (pGH) is a known natural materials, and can be extracted from the animal itself. Alternatively, porcine growth hormone can be prepared by using recombinant DNA technology to prepare recombinantly derived analogs of porcine somatotropin.

License Grant

The parties will jointly develop a set of genomic markers associated with desired phenotypic traits in broilers in support of French Licensor’s continuing improvement in the breeding of Licensor’s pure lines for broilers.  The parties intend to work together toward developing these markers through the utilization of the discovery services, information, and data that are the subject of this Agreement and for Licensor’s commercialization of improved pure lines for broilers. Licensee will perform for Licensor the genomic discovery and development services as set forth in this Agreement, and Licensor will share with Licensee broiler phenotypic information, data and expertise as required for Licensee to perform the contemplated genomic services, all as set forth in this Agreement (which relationship, subject to the terms and conditions of this Agreement, shall be exclusive); and Licensor may use the markers to improve the breeding of its pure lines for broilers in order to respond to current and future needs of the poultry industry, and Licensee may commercialize the markers in fields not exploited by Licensor.

License Property

Joint Intellectual Property or Joint IP shall mean all results of the Research Plan that are identified, discovered, developed or invented through the use of both Licensor Technology and Licensee Technology, including all results of genotypes performed by Licensee on Samples, the data analyses performed by Licensee using the genotype results and phenotype, family or other information included in the Licensor Technology and the resulting statistics, and the Broiler Trait Associated SNP Set, the Production Trait Associated SNP Set. Notwithstanding the above, the Chicken Discovery Panel and any other intellectual property generated during Phase I or Phase II of the Research Plan shall be deemed not to be Joint Intellectual Property; all results obtained by Licensee using any phenotype or broiler identity data included in the Licensor Technology, including notably all the data and analysis results generated pursuant to Phases III, IV and V of the Research Plan, shall however be Joint Intellectual Property.

Licensor Technology shall mean all data (including the Licensor Materials and any other phenotype and broiler line data supplied by Licensor), information, inventions, know-how, technology, trade secrets, and the like, whether patentable or not, that are conceived, identified, discovered, developed, or invented in whole or part by or on behalf of Licensor independent of Licensee.

Licensee Technology shall mean (a) assay technology and all data, information, inventions, know-how, technology, trade secrets, and the like, whether patentable or not, including the Putative SNP Set, that are either (i) conceived, identified, discovered, developed, or invented in whole or part by or on behalf of Licensee independent of Licensor and without any use of Licensor Technology, whether as a part of the Research Plan or separately, and/or (ii) acquired or licensed by Licensee from Third Parties and (b) the Chicken Discovery Panel and any other intellectual property generated during Phase I or Phase II of the Research Plan.

Chicken Discovery Panel (which shall constitute Licensee Technology, not Joint IP) shall mean a subset of the Putative SNP Set, containing between 4000 and 8000 SNPs evenly spaced throughout the chicken genome, and validated by Licensee using Samples provided by Licensor as being an informative panel to use for the genome-wide association studies to be performed in Phases III and IV of the Research Plan.

Broiler Trait Associated SNP Set shall mean the collection of SNP markers from the Chicken Discovery Panel that are significantly associated with broiler traits of body weight, conformation score, feed conversion, meat yield, and livability discovered during Phase IV of the Research Plan, together with all associated data analyses and statistics, including those resulting from the validation analyses performed as Phase V of the Research Plan.

Genotype shall mean the specific nucleic acid sequence of an individual found at a specific location in the genome.

Genotyping shall mean the analysis of nucleic acid sequence variation at a specific location in the genome.

Production Associated SNP Set shall mean the collection of SNP markers from the Chicken Discovery Panel that are significantly associated with egg production discovered from Phase IV of the Research Plan, together with all associated data analyses and statistics, including those resulting from the validation analyses performed as Phase V of the Research Plan.

Putative SNP Set (which shall constitute Licensee Technology, not Joint IP) shall mean a set of at least 8000 (eight thousand) putative SNPs generated by Licensee without any use of Licensor Technology that cover the chicken genome, have known, unique locations on the public chicken genome assembly and are evenly dispersed throughout the chicken genome.

Samples shall mean the blood samples collected by Licensor from the various populations of chickens studied in the Research Plan and delivered to Licensee as described in the Research Plan.

Field of Use

Field shall mean the use of genomic markers to detect and/or manage targeted traits in broiler livestock.