Royalty Report: Drugs, Cancer, Therapeutic – Collection: 27864

License Grant

Licensor hereby grants to Licensee a royalty-bearing, exclusive License under Licensed Subject Matter to manufacture, have manufactured, use, import, offer to sell and/or sell Licensed Products within Licensed territory for use within Licensed Field. This grant is subject to the following rights retained by Licensor to

(a) Publish the general scientific findings from research related to Licensed Subject Matter, and (b) Use Licensed Subject Matter for non-commercial research, non-commercial patient care, teaching and other educationally-related purposes.  Use of Licensed Subject Matter in clinical trials and other research involving patients shall be considered non-commercial research or non-commercial patient care provided that Licensor does not sell such Licensed Subject Matter to said patients.

License Property

Licensed Subject Matter means inventions and discoveries covered by Patent Rights or Technology Rights within the Licensed Field. Patent Rights or Technology Rights refers to MDA03-001, Liposomal Curcumin for treatment of Cancer.

Field of Use

Licensed Field means human and animal use.

License Grant

The Licensors grant an exclusive license under Licensed Subject Matter to discover, research, develop, make, have made, use, offer for sale, sell and import licensed products and identified products within Licensed Territory for use within Licensed Field to
– Publish the general scientific findings from research related to Licensed Subject Matter and Licensed Products subject to the confidentiality terms, and
– Use Licensed Subject Matter or Identified Products solely for research, teaching and other educationally-related, non-commercial purposes only.

License Property

The patents are for Transgenic Animal Models for Cardiac hypertrophy and Methods and Use Thereof, Transgenic Animal Models for Cardiac hypertrophy and Methods and Use Thereof,  Transgenic Animal Models for Cardiac hypertrophy and Methods and Use Thereof and Methods and Compositions for Therapeutic Intervention in Cardiac Hypertrophy.

Licensed Product means any compound, assay, method, reagent, technology, or product comprising Licensed Subject Matter pursuant to this Agreement.

Licensed Subject Matter means inventions and discoveries claimed in Patent Rights or covered by Technology Rights within Licensed Field.

Technology Rights means Licensors rights in technical information, know-how, processes, procedures, compositions, devices, methods, formulas, protocols, techniques, software, designs, drawings or data created by Inventors relating to Licensed Subject Matter which are not covered by Patent Rights, but useful.

Field of Use

Licensed Field means the discovery, development, manufacture, use, sale, offer for sale, and import of pharmaceutical, biologic, gene therapy and/or health care products for the treatment, prevention and/or diagnosis of cardiac hypertrophy and heart failure by inhibition of calcineurin activity and calmodulin-dependent protein activity, and NFAT activity; the development, manufacture and use of assays for the identification of pharmaceutical and/or biologic agents for the treatment, prevention, and/or diagnosis of cardiac hypertrophy and heart failure by inhibition of calcineurin activity and calmodulin-dependent protein activity, and NFAT activity; and the development, manufacture and use of assays useful in the diagnosis of, prognosis of, or determination of predisposition to, cardiac hypertrophy and heart failure by inhibition of calcineurin activity and calmodulin-dependent protein activity, and NFAT activity.

License Grant

University grant to Licensee, and Licensee hereby accepts, a royalty-bearing, exclusive license under Licensed Subject Matter to make, have made, manufacture, have manufactured, use, import, offer to sell, sell and/or have sold products within Licensed Territory for use within Licensed Field. This grant is subject herein below, the payment by Licensee to University of all consideration as provided herein, and is further subject to the following rights retained by University to
(a) publish the general scientific findings from research related to Licensed Subject Matter, subject to the terms of Article XI-Confidential Information and Publication; and
(b) use Licensed Subject matter solely for its own internal, non-commercial research, teaching, and other educationally-related purposes; and
(c) request that the Licensee transfer Licensed Subject Matter to academic or research institutions for non-commercial research use or for purposes of collaboration upon terms reasonably acceptable to the Licensee and such third party; provided, however, that Licensee will not unreasonably withhold consent to University’s use of the Licensed Subject Matter in collaborations between University, and/or the National Cancer Institute (NCI).

License Property

Licensed Subject Matter means Patent Rights, Improvements and Technology Rights within Licensed Field.

Patent Rights means University’s rights in information or discoveries described in invention disclosures below or in the subsequent reductions to practice of such information or discoveries (so long as such subsequent reductions to practice are not obligated to a third party), or claimed in any patents, and/or patent applications, whether domestic or foreign, based on such invention disclosures and such reductions to practice (that are not obligated to a third party) and all domestic and foreign divisionals, continuations, continuations-in-part, reissues, reexaminations or extensions thereof, including any foreign counterparts thereto and any letters patent that issue thereon, including but not limited to (a) Provisional Application entitled, “Compounds and Methods for the Treatment of Cancer” filed July 16, 2004; (b) U.S. Application Serial Number 60/346,492 filed January 7, 2002; (c) WO 2003/057012 filed January 7, 2003; (d) U.S. Application Serial Number 10/337,969 filed January 7, 2003; and (e) national stage filings for MDA01-063 in Europe, Japan, Canada and Australia.

MDA01-063 “New Organic Arsenic Derivatives as a Treatment for Cancer,” Srdan Verstovsek, M.D., Ph.D., Ralph A. Zingaro Ph.D., Emil J. Freireich, M.D., Hatice Duzkale, M.D., Hagop M. Kantarjian, M.D.

MDA04-076 “Arsenic-Lipid Derivatives as a Treatment for Cancer,” Srdan Verstovsek, M.D., Ph.D., Ralph A. Zingaro Ph.D., Hagop M. Kantarjian, M.D., M. Gao

Licensed Products means any product or service that is covered in whole or in part by a valid claim contained in the Patent Rights in the country in which the product is made, used, leased or sold.

Field of Use

Patent applications and related improvements and know-how) are for the manufacture and commercialization of two classes of organic arsenicals (water- and lipid-based) for human and animal use. The class of water-based organic arsenicals includes ZIO-101.

ZIO-101 is an organic arsenic compound covered by an issued U.S. patent and applications internationally. A form of commercially available inorganic arsenic (arsenic trioxide (Trisenox®) or ATO) has been approved for the treatment of acute promyelocytic leukemia (APL), a precancerous condition, and is on the compendia listing for the therapy of multiple myeloma as well as having been studied for the treatment of various other cancers.