Royalty Report: Drugs, Cancer, Therapeutic – Collection: 28485

License Grant

The Licensee entered into an exclusive, worldwide License Agreement with a University for the AC Technology.

License Property

The AC Technology is based on the concept of haptenization.  

Our AC Technology utilizes the patient's tumor as the basis for a therapeutic vaccine.  By collecting and processing the cancer cells extracted from a patient's tumor most typically during the course of the first line of treatment, surgical tumor rescission, and then treating them with a hapten called dinitrophenol ('DNP'), a vaccine is prepared and then given back to the patient in an effort to elicit a systemic immune response to the unmodified, native cancer cells.

Field of Use

The Licensee is a development stage biotechnology company specializing primarily in the development and future commercialization of individualized cancer vaccines.  Our proposed vaccines consist of autologous (the patient's own) cancer cells that have been treated with a chemical ('haptenized') to make them more visible to the patient's immune system.  Our previous clinical trials for the AC Vaccine have concentrated on melanoma and ovarian carcinoma, which are our primary indications, and non-small cell lung cancer.

License Grant

We entered into an agreement giving us worldwide rights to use two proprietary hybridoma cell lines that are used in the production of BiovaxID with the University. These are the same cell lines that have been used by researchers at Stanford and the National Cancer Institute to perform their studies of the hybridoma idiotype vaccine in non-Hodgkins lymphoma. This agreement gives us exclusive rights to these cell lines through 2019 in the fields of B-cell and T-cell cancers, and it gives us non-exclusive rights in such fields of use at all times after 2019. The agreement also gives us the right to sublicense or transfer the licensed biological materials to collaborators in the licensed fields.

License Property

Biovaxid is a randomized phase III vaccine clinical research study being conducted at several cancer centers and clinics in the United States to compare two types of vaccine treatments for people with Stage III or IV follicular lymphoma — a type of cancer in the lymph nodes.

Field of Use

The rights granted apply to the medical field, primarily to cancer.

License Grant

University hereby grants to Licensee the worldwide non-exclusive right and license in the Field, with the right to sublicense subject to this agreement, to make, have made, use, sell, offer for sale and import Licensed Products and to practice under the Patent Rights until the expiration of the last to expire claim of the Patent Rights, unless this Agreement is terminated sooner as provided herein.

License Property

7,297,337 – EphA2 T-cell epitopes and uses therefor
8,114,407 – EphA2 T-cell epitopes and uses therefor

Field of Use

Field shall mean use of Licensed Product or Patent Rights in or packaged with Licensee’s Proprietary Vaccine for administration to humans for the diagnosis, prevention and treatment of diseases and tumors of the brain. For the avoidance of doubt the Field specifically excludes use of Licensed Products and/or Patent Rights in the development of therapeutic vaccines or diagnostic tests for breast, ovarian, liver, pancreatic, colon and lung cancers.

Proprietary Vaccine shall mean a vaccine which is developed or being developed for a therapeutic indication based on biological activity that is solely-owned or in-licensed by Licensee from third parties and which is not covered by the Patent Rights and which is not Licensed Product hereunder. For the avoidance of doubt, the Il-13 Alpha2 Peptide Analogues licensed under the Exclusive Patent License Agreement shall constitute a Proprietary Vaccine.

License Grant

Licensor is engaged in the discovery, development and commercialization of biological drug products for the treatment, control and prevention of cancer.

For the Technology License, Licensor grants to the Swiss Licensee a license, with the right to grant sublicenses, under the Licensor Technology to Develop Commercialize, Manufacture or use the Product in the Field anywhere in the world, each of the foregoing solely to the extent necessary to fulfill its obligations, exercise its rights or carry out the activities contemplated under this Agreement.

For the Trademark License, Licensor grants a license, with the right to grant sublicenses, to use the Product Trademarks and the Licensor Housemark, solely with respect to the Product in the Field, solely to the extent necessary to fulfill its obligations, exercise its rights or carry out the activities contemplated.

The licenses granted shall be co-exclusive with Licensor in the United States and exclusive, even as to Licensor in the ROW, each with respect to the Product in the Field; provided, that Licensor shall retain non-exclusive rights to Develop or Manufacture the Product in the Rest of the World.

License Property

Licensor Know-How means the proprietary Know-How owned or Controlled by Licensor as of the Effective Date or during the Term that is necessary or actually used to Develop, Manufacture, Commercialize or use the Product in the Field, including the Cell Lines, but excluding Licensee Know-How licensed to Licensor by Licensee under this Agreement.

Licensor Patents means those Patent Rights owned or Controlled by Licensor as of the Effective Date or during the Term that cover the Development, Manufacture, Commercialization or use of the Product in the Field, including the Patent Rights, as amended and updated by Licensor from time to time.  The patents relate to Tumor Associated Antigens.

Licensor Technology means Licensor Patents, Licensor Know-How and Licensors rights to and interests in any Joint Technology.

The Cell Lines means the three (3) cell lines designated by Licensor as M24-VACC (ATCC CRL-12270), MlOl-YACC {ATCC CRL-12271) and MlO-VACC (ATCC CRL12269).

The Product means the injectable biopharmaceutical preparation containing the Cell Lines as the drug substances in final form for administration to humans that is currently identified as Canvaxin(TM).

Field of Use

The Field means all preventative and therapeutic uses in human diseases.  The product is more specifically used for the treatment of patients with Stage III and Stage IV melanoma.

License Grant

Licensor grants a non-exclusive license, including the right to sublicense solely to Affiliates of Licensee, in the Territory under Licensor Use Patent Claims which are determined to include Infringing Claims for use in connection with Covered ODNs outside the Field to the extent otherwise not prohibited by this Agreement.

Licensor grants a non-exclusive license, including the right to sublicense to Permitted Sublicensees, in the Territory under Licensor Process Patent Claims for use in connection with the manufacture of Covered ODNs.

For the Research license,  Licensor grants a nonexclusive, irrevocable, worldwide, perpetual license, including the right to sublicense to Affiliates, to use for all research purposes the Licensor Technology disclosed to Licensee during the Term; provided that Licensee shall not have any rights to use the Licensor Technology for the sale or manufacture for sale of products or processes.

For Licensees Commercialization Rights, Licensee shall have the right to elect, upon notice to Licensor, to market the Product for the Licensees Indication to Specialty Dermatologists as provided.

License Property

The Licensed Product means any Product, Combination Product, Vaccine Product, Research Product, Research Combination Product or Research Vaccine Product.

Covered ODNs means any Oligodeoxynucleotide which is claimed generically or specifically in a composition of matter claim in an issued patent owned or controlled by Licensee.

Major indication means First line treatment of breast cancer, second line treatment of breast cancer, first line treatment of NSCLC, first line treatment of colorectal cancer, and with respect to Japan only – first line treatment of non-Hodgkins lymphoma, prostate cancer and gastric cancer.

Intermediate indications mean all treatment non-Hodgkins lymphoma and prostate cancer (except for Japan), all treatment of Ovarian cancer, third-line treatment of breast cancer or later treatment of breast cancer,  second-line or later treatment of NSCLC, second-line or third-line  treatment of colorectal cancer.

Minor indication means all treatment of melanoma,  T cell lymphoma, renal cell carcinoma, pancreatic cancer, hematological malignancies (other than non-Hodgkins lymphoma), bladder cancer, uterine cancer, cervical cancers and any other cancers in the field.

Licensees Indication means the treatment, Control or prevention of cutaneous T cell lymphoma, including, without limitation, mycosis fungoides.

Dermatologic disease means basal cell carcinoma in the skin and squamous cell carcinoma in the skin.

Field of Use

The field of use includes the treatment, control or prevention of cancer in humans.

Licensee owns or controls certain patents, patent applications, technology, know-how and technical information relating to immunomodulatory Oligodeoxynucleotides.