Royalty Report: Medical, Device, Diagnostic – Collection: 27802

License Grant

Assignor, our chairman and chief executive officer, does hereby sell, assign, transfer and convey unto the Assignee the entire right, title and interest (a) in and to the Patents; (b) in and to all rights to apply for foreign patents on the Patents pursuant to the International Convention for the Protection of Industrial Property or otherwise; (c) in and to any and all applications filed and any and all patents granted on the Patents in the United States or any foreign country, including each and every application filed and each and every patent granted on any application which is a divisional, substitution, continuation, or continuation-in-part of any of said applications; and (d) in and to each and every reissue or extensions of any of said patents.

License Property

The agreement covers patents and applications for Metabolic Gas Exchange and Non-invasive Cardiac Output Monitor, Respiratory Calorimeter, Metabolic Calorimeter Employing Respiratory Gas Analysis, Oxygen Consumption Meter, Respiratory Calorimeter with Bidirectional Flow Monitors for Calculating of Oxygen Consumption and Carbon Dioxide Production, Respiratory Calorimeter with Bidirectional Flow Monitors, Method and Apparatus for Respiratory Gas Analysis Employing Measurement of Expired Gas Mass, Method and Apparatus for the Non-invasive Determination of Cardiac Output, Airway-based Cardiac Output Monitor and Methods for using same, O2 Consumpt. Meter, A System and Method of Metabolic Rate Measurement, Health Improvement System and Method, Improved Systems and Methods for Drug Administration.

Field of Use

Assignee designs, develop and market technologically advanced and proprietary handheld medical devices and software for the measurement and monitoring of important health parameters. Assignee's current health monitoring devices measure oxygen consumption to calculate resting metabolic rate, or RMR. The accurate measurement of resting metabolic rate, which establishes how many calories a person burns per day at rest and represents up to 75% of the total calories burned by a healthy individual per day, can be important to the success of medical therapy and to achieving weight management and fitness goals. However, an accurate, cost-effective and practical device for measuring and monitoring metabolism has not previously been available.

License Grant

The Licensee entered into an exclusive worldwide license agreement for Licensor's patented technology; gas exchange metabolic analyzers for health, fitness, and research and education.

License Property

Gas exchange metabolic analyzers measure the body’s energy expenditure.  Licensor's gas exchange metabolic analyzers include a new wearable device, about twice the size of a typical Walkman radio/cassette player, that transmits data via telemetry.

License Grant

Licensee entered into an Agreement with an undisclosed third party for a perpetual, exclusive, world-wide license to certain intellectual property related to the Oxygen Assist Module for the delivery of non-invasive ventilatory support.

License Property

Oxygen Assist Module is designed to automatically maintain SPO2 levels within a specified range for a defined period of time. The device solution is focused on High Velocity Nasal Insufflation (“HVNI”, or “High Velocity Therapy”), which delivers non-invasive ventilatory support to patients by providing heated, humidified, oxygenated air at high velocities through a small-bore nasal interface, and on closed loop control systems.

This license is for the delivery of non-invasive ventilatory support relating to the Oxygen Assist Module focused on at home patient monitoring.

Field of Use

High Velocity Therapy is an advanced form of high flow therapy that is differentiated due to its ability to deliver breathing gases, including oxygen, at a high velocity, for the treatment of spontaneously breathing patients with either Type 1 hypoxic respiratory distress, like that experienced by patients with pneumonia or COVID-19, or Type 2 hypercapnic respiratory distress, like that experienced by patients with COPD. Licensee's Precision Flow systems, which use High Velocity Therapy technology, are clinically validated alternatives to, and address many limitations of, the current standard of care for the treatment of respiratory distress in a hospital setting.

License Grant

Assignor hereby assigns, and transfers unto Hong Kong Assignee The entire right, title and interest in the Patent Properties and in the corresponding inventions and in all subsequent divisions and continuations, or reissues or extensions thereof and in all patents issuing thereon in the United States or foreign countries, and in all corresponding patent applications filed in countries foreign to the United States, and in all patents issuing thereon in said foreign countries.

The right to file foreign patent applications on said invention in its own name, wherever such right may be legally exercised, including the right to claim the benefits of the International Convention for such applications.

License Property

7798MYl/PM/IAN/tam, Bandage based pain control through the delivery of electric impulses to the body.

License Grant

Licensor grants to Licensee an exclusive license under its Technology rights to (a) develop, make, have made, use, sell and offer for sale or otherwise exploit the Licensed Products, and (b) use and reproduce Software, create Derivatives, and distribute Software to end-users through the normal channels of distribution, in the Field and Territory during the Term. Licensees will have the unrestricted right to develop Licensee Improvements relating to the Licensed Products in the United States for distribution and exploitation of the Licensed Products either in the United States or outside of the United States. Licensee will also have the unrestricted right to develop Licensee Improvements relating to the Licensed Products in any foreign country for distribution and exploitation of the Licensed Products in any other country, including the U.S.

License Property

Patents relate to develop, make and sell the HCMS, a minimally invasive two-balloon esophageal catheter system used to monitor cardiac performance.

TANGIBLE PROPERTY
1.  One prototype two-balloon esophogeal catheter.

2.  One prototype system control box.

3.  One copy of Source Code.

4.  One laptop with operational Source Code, which will be returned to Licensor within ninety (90) days of the transfer, unless otherwise mutually agreed to by the parties.

5.  One Dynamap Blood Pressure Monitor, which will be returned to Licensor within ninety (90) days of the transfer, unless otherwise mutually agreed to by the parties.

6.  One ECG device compatible with the system, which will be returned to Licensor within ninety (90) days of the transfer, unless otherwise mutually agreed to by the parties.

PATENTS
5,048,532
U.S. Patent
Method and Apparatus for Measuring Blood Pressure (S-409)

5,181,517
U.S. Continuation in Part Patent
Method and Apparatus for the Measurement of Atrial Pressure (S-409)

PCT/US
Corresponds to U.S. 5,181,517
Method and Apparatus for the Measurement of Atrial Pressure (S-409)

91/04504

5,263,485
U.S. Continuation in Part Patent
Combination Esophageal Catheter for the Measurement of Atrial Pressure (S-409)

5,398,692
U.S. Continuation in Part Patent
Combination Esophageal Catheter for the Measurement of Atrial Pressure (S-409))

5,551,439
U.S. Continuation in Part Patent
Method of Determining a Mean Pressure from a Source within a Body (S-409)

5,570,671
U.S. Continuation in Part Patent
Method for Positioning Esophageal Catheter for Determining Pressures Associated with the Left Atrium (S-409)

5,697,375
U.S. Continuation in Part Patent
Method and Apparatus Utilizing Heart Sounds for Determining Pressure Associated with the Left Atrium (S-409)

5,921,935
U.S. Divisional Patent
Method and Apparatus for Utilizing Heart Sounds For Determining Pressures Associated with the Left Atrium (S-409)

PCT/US
Corresponds to U.S. ‘671, ‘375, ‘935
Method and Apparatus for Determining Pressures Associated with the Left Atrium (S-409)

96/17617

License Grant

Licensor hereby grants to Licensee an exclusive, worldwide, right and license to practice the Patent Rights and Know-How in the Field of Use to make, have made, develop, improve, use, promote, market and sell Sensors and Instruments, including the right to have third parties manufacture, sell and distribute on behalf of Licensee.

License Property

The licensed property are such patents and applications relating to a method and device for taking measurements in the alimentary canal region between the stomach and the mouth, or in the respiratory canal region between the lungs and face, including mouth and nasal regions, to assess or help assess systemic hypoperfusion.

Sensor as used in this Agreement means any device which detects signals either in or around
(1) the alimentary canal between the stomach and the mouth;
(2) the mouth;
(3) the nasal passages; or
(4) the respiratory region between the lungs and face (nose/mouth), to assess or help assess systemic hypoperfusion and that is covered by a validly issued U.S. patent included in the Patent Rights. Sensors can be disposable or reusable, and shall not include any part of an Instrument, which may connect to the Sensor to process electrical or optical signals from the Sensor.

Field of Use

Field of Use means applications for taking measurements in the alimentary canal region between the stomach and the mouth, or in the respiratory canal region between the lungs and face (including mouth and nasal regions) to assess or help assess systemic hypoperfusion, and specifically excludes all Field Forward Military Applications and all other applications not directly related to taking measurements in the alimentary and respiratory regions referred to herein to assess or help assess systemic hypoperfusion (e.g., measurements for regional tissue perfusion of any internal organ, appendage, etc.).

License Grant

Licensor hereby grants to Licensee and Licensee hereby accepts an exclusive right and license to use the Patents Rights in connection with the production, marketing, sale and distribution (as applicable) of each respective Product.  This also includes an exclusive right and license to use the Trademarks and to use the Know-How in connection with the production, marketing, sale and distribution (as applicable) of each respective Product.

License Property

Products means any and all of those pharmaceutical products, allergy-reduction devices and other consumer products referred to

ACAROSAN Products
Home Peak Flow Meter Product
EpiPen(R), EpiPen(R) Jr., Epi E= Z Pen(R) and Epi E= Z Pen(R), Jr. Products

ASTECH Products means those Products relating to the Home Peak Flow Meter.

Trademarks means the trademarks and trade names set forth below hereto as they shall be modified from time to time by Licensor, and such other trademarks and trade names used in connection with the Products as Licensor shall from time to time designate in writing to Licensee in its sole discretion.
Registered Trademarks
         a.       ASTECH (Registration Nos. 1,806,703; 1,837,802)
         b.       Epi Pen (Registration Nos. 1,124,454; 1,479,294)
         c.       Epi E-Z Pen (Registration No. 2,059,337)

Patent Rights
Home Peak Flow Meter  —  United States Patent #5,246,010 – Method and Apparatus for Exhalation Analysis – Issued September 21, 1993

The peak flow meter works by measuring how fast air comes out of the lungs when you exhale forcefully after inhaling fully. This measure is called a 'peak expiratory flow,' or 'PEF.' Keeping track of your PEF, is one way you can know if your symptoms of asthma are in control or worsening.

A peak flow meter is a portable, inexpensive, hand-held device used to measure how air flows from your lungs in one 'fast blast.' In other words, the meter measures your ability to push air out of your lungs.

Many healthcare providers believe that people who have asthma benefit from the use of a peak flow meter. If you need to adjust your daily medication for asthma, a peak flow meter can be an important part of your asthma management plan.

Field of Use

This agreement pertains to the medical/drug industry related to allergy.