Category: Technology Licenses
Created On: 2022-04-28
Record Count: 4
IPSCIO Report Record List
Below you will find the records curated into this collection. This summary includes the complete licensed property description so that you can review and determine if this collection covers the topics, technology or transaction type that is relevant for your needs. The full report will include all relevant deal data such as the royalty base, agreement date, term description, royalty rates and other deal terms. For reference, here is a sample of a full IPSCIO curated royalty rate report: Sample Report
IPSCIO Record ID: 279372
Kit means the combination of (i) Beads conjugated to biological reactants, (ii) Beads conjugated to universal sequences, (iii) standards for use with (i) and (ii), and (iv) other ancillary materials (e.g. buffers) intended for use with (i) and/or (ii) and required for performance of Tests. A â€œKit(s)â€ must contain all of the foregoing components and must be branded by Licensee in accordance with this Agreement.
Licensor Instrument means a laser-based fluorescent analytical test system consisting of Licensorâ€™s instrumentation and the Software, with computer components, as specifically identified as Licensors 200 IS 2.3 Total System.
Licensor Intellectual Property Rights means Patent Rights, copyrights and all other intellectual property rights that Licensor has or acquires during the Term in connection with the Beads or the Licensor Instruments, by way of sale, license or otherwise, but shall exclude the intellectual property rights licensed to Licensor under the License Agreement between the Parties dated March 28, 2001.
LuminexÂ® 100TM IS
Suspension Array TM
Field Two means the field of Custom Swine SNP Assays for Maxxam Analytics. Custom Swine SNP Assays for Maxxam Analytics means custom swine assays sold to Maxxam, incorporating sequences/SNPs provided to Licensee by Maxxam Analytics, a Canadian corporation, with its principal offices at 6740 Campobello Rd., Mississauga, Ontario LSN 2L8, Canada.
Licensees research and development efforts and product pipeline are focused in the fields of human genetic disorders, personalized medicine (pharmacogenomics or PGx – the use of genetic testing to help determine the prescription of drugs) and infectious diseases.
IPSCIO Record ID: 230776
Licensor hereby grants to Licensor a nonexclusive, worldwide, nontransferable, nonsublicensable, royalty-free license, during the term of this Agreement, to use and display Licensor Trademarks on Diagnostic Products, Diagnostic Instruments, components of such Diagnostic Products or Diagnostic Instruments, and materials related to the marketing, promotion and/or use of Diagnostic Products or Diagnostic Instruments. No other right to use the Licensor name or any Licensor Trademark is granted or implied by this Agreement.
Defined Technology shall mean all Intellectual Property owned by Licensor (other than as set forth below) useful for the detection of nucleic acids for any human diagnostic purpose that, (i) insofar as it relates to microarrays, utilizes less than 200 single nucleotide polymorphisms (SNPs) or genes per microarray on a single support and has a density of less than 100 spots per square centimeter; or (ii) insofar as it involves standard microtiter plates, utilizes plates with up to 384 wells per standard microtiter plate, provided that each well contains no more than four individual analytes; provided that â€œDefined Technologyâ€ does not include any Licensor Content or Licensor Intellectual Property pertaining to photolithographic technology, or, in addition, any Licensor Intellectual Property that is subject to existing exclusive rights that would prevent the granting of the covenant contained in agreement.
Authorized Use of Logo & Trademark 'Powered by Affymetrix. The Way Ahead.â„¢
In Vitro Human Diagnostics Field means the measurement, observation or determination of attributes, characteristics, diseases, traits or other conditions of a human being for the medical management of that human being, including without limitation
(1) genetic testing, including determinations of genetic predisposition;
(2) oncology and cancer predisposition testing;
(3) testing for tissue typing (excluding the Human Identity Field);
(4) infectious disease detection, screening, confirmation and monitoring; and
(5) therapeutic drug monitoring.
For purposes of this Agreement, the term In Vitro Human Diagnostics Field shall not include the Human Identity Field, nor shall such term include the measurement or observation of samples of material other than samples of material obtained from human beings. In no event shall the term â€œIn Vitro Human Diagnostics Fieldâ€ include or be construed to include the performance of PCR for the detection of pathogens for use in blood bank screening and the plasma fractionation industry.
IPSCIO Record ID: 291157
The purpose of the Collaboration is to develop, manufacture, market and sell (i) Products, and (ii) software applications for Approved Instruments all as set forth in this agreement. The purpose of the Collaboration may be modified and/or extended upon mutual agreement of the Parties in writing. If Licensee is the Party proposing the development of a new Generic Kit or Standard Kit, and Licensor does not, within sixty (60) days after receipt of such New Kit Notice expressly agree to co-develop the new Generic Kit or Standard Kit described therein, then Licensee may pursue development of the new Generic Kit or Standard Kit independently of Licensor and the result is a combination kit then a royalty will be paid.
TAG Assay means any assays for hybridization to a TAG Array.
TAG improvement is any improvements to TAG Assays.
Product means any of a Standard Kit, a Custom Kit and/or a Generic Kit.
Combination Kit means any Custom Kit that contains Primers more than 50% of which are identical to Primers contained in any part of any Standard Kits existing at the time of launch of such Custom Kit, or any combination of Standard Kits existing at the time of launch of such Custom Kit.
Custom Kit means a kit consisting of certain Reagents, certain Primers that have been customized by Licensee or Licensees subcontractors for use in the Field of Use and an End User License, and shall not include use of or refer to any use of TAG Arrays other than for genotyping with GBA.
Standard Kit means a kit consisting of Reagents, CMC Approved Primers for use in the Field of Use and an End User License.
Generic Kit means a kit consisting of Reagents and an End User License.
Primer means GBA primers (a synthetic oligonucleotide of a sequence known to be complementary with the oligonucleotide sequence immediately adjacent, 5, to a SNP) or either PCR primers or information to generate PCR primers.
Reagent means buffers, enzymes and terminators (but not Primers) useful in GBA.
GBA means Genetic Bit Analysis, or single nucleotide primer extension methods designed to detect the identity of a single nucleotide at a predetermined location in the DNA of a sample.
SNP means Single Nucleotide Polymorphism.
Technology means and includes all inventions, discoveries, improvements, trade secrets and proprietary methods and materials, whether or not patentable, including but not limited to, samples of, methods of production or use of, and structural and functional information pertaining to, chemical compounds, proteins or other biological substances; other data; formulations; techniques; and know-how; including any negative results.
TAG Array means a tag array GeneChip probe array. Each set of probes consists of four probes with the following relationship to a defined target sequence — a perfect match to target sequence, a single base mismatch to target sequence, a perfect match to the complement of target sequence, and, a single base mismatch to the complement of target sequence. For the avoidance of doubt, TAG Arrays include no license (express or implied) authorizing use for any purpose except genotyping with GBA.
TAG Assay means any assays for hybridization to a TAG Array.
Field of Use means the use of Product to practice GBA in Tag Array format in Approved Instruments for Research Purposes and clinical reference laboratories where work is performed under the Clinical Laboratory Improvements Act and explicitly excludes Products that have received marketing approval from the FDA.
IPSCIO Record ID: 233461
– to make, have made, import, use, offer to Sell and Sell Licensed Products in the In Vitro Human Diagnostics Field in the Territory, and authorize End-Users to perform Diagnostic Services using such Licensed Products in processes covered by the Licensed Patents in accordance with the label license provided with the purchase of such Licensed Products.
– to grant a limited, non-transferable, royalty free sublicense under the Licensed Patents to Research Collaborators of Licensee and/or its Affiliates to practice PCR under their respective contracts with Licensee and/or its Affiliates, in accordance with the terms and conditions of this Agreement, solely for purposes of doing applied research and development for Licensee and/or its Affiliates of Licensed Products to be Sold in the In Vitro Human Diagnostics Field in accordance with the other terms and conditions of this Agreement; and
– to use PCR technology for the research, development, improvement and quality control and quality assurance of Licensed Products, in each case by Licensee and its Affiliates, internally, for Sale in the In Vitro Human Diagnostics Field.
For Label Licenses on Licensed Products Sold in the In Vitro Human Diagnostics
– Licensees right to sublicense is limited to the right to convey use rights pursuant to a Label License under process claims and composition of matter claims,not apparatus, device or system claims, only to End-User customers, and only through the Sale of Licensed Products.
– Licensee agrees that it shall mark conspicuously all Complete Diagnostic Kits made by or for it,
– Licensee agrees that it shall mark conspicuously all Component Systems for amplification made by or for it
– Licensee agrees that it shall mark conspicuously all Component Systems for detection made by or for it
– Licensee agrees that it shall mark conspicuously all Component Systems for amplification and detection made by or for it
– Licensee agrees that it shall mark conspicuously all Royalty Products other than Complete Diagnostic Kits, Component Systems for amplification, Component Systems for detection and Component Systems for amplification and detection made by or for it and Sold in the In Vitro Human Diagnostics Field.
Licensed Product means a product for use in the In Vitro Human Diagnostics Field, the manufacture, importation, use, offer for Sale or Sale of which would infringe a Valid Claim of Licensed Patents, made by or specifically for Licensee or any of its Affiliates only pursuant to Licensees or its Affiliates specifications, which is any of the following or a combination of any of the following
(a) Complete Diagnostic Kit;
(b) A reagent, accessory, device or system which is used or Sold to be used by End-Users in connection with the practice of PCR, including the steps of sample preparation, amplification and detection;
(c) A Component System; and/or
(d) Reagents Sold to be used by End-Users as replacement components in regard to a Component System.
PCR means the polymerase chain reaction process and technology.
Patents relate to Process for Amplifying, Detecting, and/or Cloning Nucleic Acid Sequences.
The Human Identity Field means the field of use comprising products and processes utilizing PCR for the sole purpose of determining human identity or distinguishing among human beings, whether living or dead. The Term Human Identity Field shall included parentage testing to determine if two or more human beings are biologically related as parent and child and forensic testing for use in, or in preparation for, death investigations or other legal proceedings, but such term shall specifically exclude testing for tissue typing.
In Vitro Human Diagnostics Field means the field of use comprising products and processes utilizing PCR for the measurement, observation or determination of attributes, characteristics, diseases, traits or other conditions of a human being for the medical management of that human being, including without limitation
(a) genetic testing, including determinations of genetic predisposition;
(b) oncology and cancer predisposition testing;
(c) testing for tissue typing (excluding the Human Identity Field);
(d) infectious disease detection, screening, confirmation and monitoring; and
(e) therapeutic drug monitoring.
For purposes of this Agreement, the term 'In Vitro Human Diagnostics Field' shall not include the Human Identity Field.
â€œPCRâ€ means the polymerase chain reaction process and technology involving the amplification of a nucleic acid sequence and the complement of that sequence by repeated cycles of oligonucleotide mediated, template directed synthesis involving the extension of a component primer oligonucleotide by incorporation of monomeric nucleotide triphosphates whereby the sequence, its complement and subsequent synthetic copies thereof are repeatedly separated and used as templates for further cycles of synthesis.