Royalty Report: Respiratory, Device, Medical – Collection: 286068

$150.00

Curated Royalty Rate Report
Created On: 2020-07-15, Record Count: 6

Description

This collection of transactions and supporting information was developed using our AI algorithm to curate similar royalty reports into a cohesive collection to support your licensing, transfer pricing or other transaction scenarios where documented royalty rates and/or deal terms are important.
Created On: 2020-07-15
Record Count: 6

Primary Industries

  • Respiratory
  • Device
  • Medical
  • Drugs
  • Delivery
  • Disease

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: 286068

License Grant
Licensors hereby grant to Licensee:

(i) an exclusive (even as to Licensor, Licensor and their Affiliates), royalty-bearing license, with the right to grant sublicenses, under the Licensor Know-How and Licensor Patent Rights, to make, have made, use, have used, promote, develop, offer to sell, sell, have sold, import, have imported, export, have exported, and market Formulated Amikacin and Product in the Field throughout the Royalty Territory solely in connection with Exploitation of the Product in the Field throughout the Royalty Territory, provided that the foregoing license is subject to Licensor’s right to Manufacture as set forth in Agreement;

(ii) a non-exclusive, royalty-free license, under the Licensor Trademarks, with the right to grant sublicenses, throughout the Royalty Territory, to use and display the Licensor Trademarks in connection with the Commercialization of the Product in the Field throughout the Royalty Territory, as provided under and in accordance with this agreement; and

(iii) a non-exclusive, royalty-bearing license, under the Licensor Know-How and Licensor Patent Rights, with the right to grant sublicenses, in the Field throughout the Royalty Territory, to use, have used, promote, offer to sell, sell, have sold, import, have imported, export, have exported, and market the Device solely in connection with Exploitation of the Product in the Field throughout the Royalty Territory.

License Property
Product means the combination of (a) Formulated Amikacin and (b) the Device for use in the Pulmonary Delivery of Formulated Amikacin, which Product is developed in accordance with and pursuant to this Agreement. Product shall not include any products including nebulizer devices based upon the PDDS Platform Technology for use or sale with any active ingredients other than Amikacin, or any products including devices that are not based upon the PDDS Platform Technology.

Formulated Amikacin means Amikacin in a liquid formulation existing as of the Effective Date or developed pursuant to this Agreement for use in Pulmonary Delivery by means of the Device.

Device means a nebulizer device compnsmg at least an aerosol generator (which, as of the Effective Date, has the configuration designated by Licensor as the 'OnO' or 'OnO2'), housing and a medicine cup.

Licensor Patent Rights means (a) the Patents listed, (b) any Patents that issue from the Patent Applications, (c) any Patents and/or Patent Applications that claim priority to a Patent or Patent Application listed:
7108197 – Droplet ejector with oscillating tapered aperture
7083112 – Method and apparatus for dispensing liquids as an atomized spray
7040549 – Systems and methods for controlling fluid feed to an aerosol generator

Licensor Trademarks means the trademarks and any Trademarks of Licensor or Licensor that are developed during the term of this Agreement for use with the Product.  Trademark means NEKTAR(R).

PODS Platform Technology means any technology, article of manufacture, component, system, discovery, or invention that relates to the Device, Device components (including without limitation controller, circuitry, software code, algorithm, electrical connections and fluid connections) and methods of making or using the Device (including without limitation methods of treatment or administration).

Field of Use
Field means the amelioration, treatment and/or prevention in humans of respiratory infections, including without limitation pneumonia*.

IPSCIO Record ID: 230775

License Grant
Licensor appoints Licensee as its distributor during the Term to market, promote, distribute and sell the Product in the Territory:  on an exclusive basis solely for use in the home-based, open-cup, continuous-flow, general-purpose nebulizer market, not for use in hospitals; and on a non-exclusive basis solely for use in alternate care facilities.

For the Product Manufacturing License, Licensor grants the non-transferable license, without the right to grant sublicenses, except to subcontractors and/or vendors that fabricate and/or supply components of the Product on behalf of Licensee as shall be mutually agreed to from time to time, under the Licensor Licensed Rights and the Manufacturing Improvements to manufacture and assemble components of the Product, excluding the OnQ Aerosol Generator, and to assemble final Product for distribution and sale in the Territory.

For the distribution rights, Licensor grants to Licensee a non-transferable right and license under the Licensor Licensed Rights to import, export, offer for sale and sell the Product in the Territory solely for use by end users in the home-based, open-cup, continuous flow, general purpose nebulizer market and in alternate care facilities.

For the OnQ Aerosol Generator Manufacturing License, Licensor grants a non-exclusive, non-transferable license, without the right to grant sublicenses, under the Licensor Technology to manufacture and assemble the OnQ Aerosol Generator at the OnQ Aerosol Generator Manufacturing Facility solely during the OnQ Manufacturing Period, and solely for use in assembling the Product that Licensor is permitted to distribute and sell and for use by Licensor.

For the Back~Up Manufacturing Right, under certain conditions,  Licensor shall grant a non-exclusive, non-transferable license, without the right to grant sublicenses, under the Licensor Technology to manufacture and assemble the OnQ Aerosol Generator solely for Licensees use in assembling the Product for sale and distribution.

For the Trademark License, Licensor grants a non-exclusive, nontransferable license, with no right to sublicense, to use the Trademarks in each country of the Territory in connection with the marketing, sale and distribution of Product in the Territory.

License Property
Trademarks:  Aerogen® ,  Aeroneb® Go ,  OnQâ„¢ Aerosol Generator

Product means Licensors proprietary Aeroneb® Go open-cup, continuous flow, general-purpose portable nebulizer, incorporating the OnQ Aerosol Generator, and including any Product Improvement incorporated therein.

OnQ Aerosol Generator means Licensors proprietary aerosol generator.

The Aeroneb Go, a proprietary product of Licensor, is an open-cup nebulizer intended for use by pediatric and adult patients, for continuous aerosolization of physician-prescribed solutions for inhalation that are approved for use with a general-purpose nebulizer.

Field of Use
The field of use is the respiratory field.   This manufacture and distribution is for use by customers solely in the home or in alternate care facilities.

IPSCIO Record ID: 266845

License Grant
For the Exclusive License,  the Swiss Licensor grants an exclusive right and license or sublicense, as applicable, in the Territory, with the right to grant sublicenses, under the Licensor Technology and Licensor Technology Improvements to make and have made, to use and have used, to develop and have developed, to sell and have sold, to offer for sale and have offered for sale, to import and export and have imported and exported Licensed Products in the Exclusive Field in the Territory during the Term.

For the Non-Exclusive, Research License, Licensor grants a nonexclusive, research only license or sublicense, as applicable, in the Territory, with the right to grant sublicenses, under the Licensor Technology and Licensor Technology Improvements to conduct non-human studies for the development of Other Products, solely for the prevention or treatment of a Target Indication in the Target Populations.

License Property
Licensors technology is relating to the aerosolization of liquid forms of drug products and the Aerosol Devices and Disposable Dose Packs.

Licensed Product means a combination drug-device product using or otherwise practicing the Licensor Technology and delivering Pulmonary Surfactants (alone or in combination with other pharmaceutical compounds).

Drug Product means a pharmacological agent(s), including Pulmonary Surfactants, together with any excipients or inactive ingredients, formulated for use in connection with an Aerosol Device or Disposable Dose Packet.

Aerosol Device means a device to aerosolize a pharmaceutical compound for administration to humans. It is contemplated that the Aerosol Device shall consist of permanent (e.g., nondisposable) components that control power and electronics (e.g., control unit) and a physical mechanism (e.g., pump) to provide a means for dispensing the Drug Product from the container closure system.

Aerosol Technology means any technology related to the aerosolization of a liquid form of a pharmaceutical compound. Aerosol Technology does not include technology that is related to the delivery of aerosols as dry powders.

An Other Product means a combination drug-device product using or otherwise practicing the Licensor Technology and delivering pharmaceutical compounds other than Pulmonary Surfactants as an active ingredient in humans, alone or in combination with other pharmaceutical compounds, that are other than Pulmonary Surfactants.

Field of Use
Exclusive Field means the therapeutic or preventative use in humans of Aerosol Technology to deliver Pulmonary Surfactants (alone or in combination with any other pharmaceutical compound(s)) as an active ingredient for the prevention or treatment of Respiratory Indications.

Target Indications means the following Respiratory Indications: Respiratory Distress Syndrome (RDS); Chronic Lung Disease (BPD); Transient Tachypnea; Hypoxemia; Pulmonary Hypertension; Pneumonia; Bronchiolitis; Diaphragmatic Hernia; Acute Lung Injury (ALI); Acute Respiratory Distress Syndrome (ARDS); Lung Transplantation; Respiratory Syncitial Virus (RSV); Cystic Fibrosis; Chronic Obstructive Pulmonary Disease (COPD); and Emphysema.

Target Populations means human patients in a Hospital Setting receiving forms of treatment for the applicable Respiratory Indication that are typically and principally provided within a Hospital Setting.

The restructure strategic alliance agreement is to unite two complementary respiratory technologies – Licensee peptide-containing synthetic surfactant technology with Licensor’ novel capillary aerosolization technology – to deliver therapeutics to the deep lung.

IPSCIO Record ID: 273406

License Grant
Licensor hereby grants to Licensee an exclusive right and royalty-bearing license or sublicense, as applicable, with the right to grant sublicenses solely as set forth under the Licensor Technology and Joint Patents to make and have made, to use and have used, to sell and have sold, to offer for sale and have offered for sale, to import and export and have imported and exported Licensed Products in the Exclusive Field in the Territory during the Term.
License Property
Licensed Product means a combination drug-device product using or otherwise practicing the Licensor Technology and delivering Pulmonary Surfactants (alone or in combination with other pharmaceutical compounds).

Drug Product means Pulmonary Surfactant(s) or other pharmacological agent(s), together with any excipients or inactive ingredients, formulated for use in a Licensed Product.

Licensor Technology means (a) Licensors proprietary Aerosol Technology (including without limitation the technologies, devices, processes, equipment, materials and know-how relating to the aerosolization of liquid forms of drug products and the Aerosol Devices and Disposable Dose Packs therefor) and (b) all Intellectual Property owned by or licensed to Licensor relating to such Aerosol Technology, including, without limitation, the Licensor Patents.

Licensor Patents means all Patents owned by Licensor or to which Licensor otherwise has rights that claim or are directed to the Licensor Technology.

Aerosol Technology means any technology related to the aerosolization of a liquid form of a pharmaceutical compound. Aerosol Technology does not include technology that is related to the delivery of aerosols as dry powders.

Joint Patents means all Patents that claim or are directed to any Joint Inventions.

Intellectual Property means all know how, Inventions, Patents, copyrights, trademarks, trade secrets and any other intellectual property rights in the Territory that may be secured in any place under laws now or hereafter in effect.

Field of Use
Exclusive Field means the therapeutic or preventative use in humans of Aerosol Technology to deliver Pulmonary Surfactants (alone or in combination with any other pharmaceutical compound(s)) as an active ingredient for the prevention or treatment of Respiratory Indications.

IPSCIO Record ID: 294023

License Grant
English Licensor hereby grants Licensee an exclusive royalty-bearing license in the Territory, for the term of this Agreement, with the right to grant sublicenses, to and under the Compound-Inclusive Claims and the Licensor Know-How, to manufacture, use, import, export, offer for sale, sell and otherwise develop and commercialize the Product within the Field.

Licensor hereby grants Licensee a worldwide, exclusive, perpetual, irrevocable, royalty free, fully-paid up license, with the right to grant sublicenses through multiple tiers without restriction, to and under the Licensor Patent Rights that are Compound-Limited Claims. The license grant shall survive termination or expiration of this Agreement for any reason.

License Property
Device means any device designated by Licensee for use for inhalation by means of nasal delivery or pulmonary delivery of the Formulation that is suitable for use in clinical trials for the Product and commercialization of the Product, including devices for which Licensee owns an exclusive license in the Field for such purpose. Unless otherwise noted, the use of the term “Device” in this Agreement is not intended to indicate thereby the definition of “device” in the Federal Food, Drug and Cosmetic Act, as amended. Notwithstanding any other provision of this Agreement, Licensor does not grant to Licensee any license or other right in or to any device Controlled by Licensor other than those rights granted or in or to any device Controlled by any Affiliate of Licensor.

Compound means dihydroergotamine mesylate salt or isomorphs or isomers thereof.

Compound-Inclusive Claims means all claims of Licensor Patent Rights that are not Compound-Limited Claims.

Licensor Patent Rights means the rights granted by any governmental authority under any Patents and Patent Applications Controlled by Licensor that, assuming such Patent Applications were issued Patents, but for the grant of the license, would be infringed by the manufacture, use, import, export, offer for sale or sale of a Particulate Formation of Compound, including without limitation a Particulate Formation of Compound or Product by or on behalf of Licensee (other than by Licensor), including without limitation those Patents and Patent Applications listed. Licensor Patent Rights do not include Licensor Know-How. Licensor represents that it has used good faith efforts to include all Licensor Patent Rights existing as of the Effective Date. Once per calendar year or as reasonably requested by Licensee, the Parties will update the list as applicable.
US 6,063,138 – Method and apparatus for the formation of particles

Product means the combination of the Formulation, produced through processing of the Particulate Formation of Compound, and a Device, the manufacture, use, import, export, offer for sale or sale of which by or on behalf of Licensee would, but for the grant of the licenses in this agreement, infringe any Licensor Patent Rights or exploit any Licensor Know-How.

Patent means (i) letters patent and utility models including any extension, substitution, registration, confirmation, reissue, re-examination, renewal, or foreign corresponding rights thereof and (ii) to the extent rights are granted by a governmental authority thereunder, a Patent Application.

Compound-Limited Claims means all claims of those Licensor Patent Rights listed or that are not listed that claim Compound, formulations of Compound, compositions of matter, methods of manufacture or methods of using Compound or formulations of Compound, including without limitation the Particulate Formation of Compound and Formulation, whether or not such claims claim any compositions of matter, methods of manufacture of methods of using other compounds or formulations of such other compounds.

Field of Use
Field means administration of the Formulation by nasal or pulmonary delivery to patients by means of a Device.

IPSCIO Record ID: 273263

License Grant
Licensor hereby grants to Licensee an exclusive right and royalty-bearing license or sublicense, as applicable, in the Territory, with the right to grant sublicenses solely as set forth, under the Licensor Technology and Licensor Technology Improvements to make and have made, to use and have used, to develop and have developed, to sell and have sold, to offer for sale and have offered for sale, to import and export and have imported and exported Licensed Products in the Exclusive Field in the Territory during the Term.
License Property
Licensed Product means a combination drug-device product using or otherwise practicing the Licensor Technology and delivering Pulmonary Surfactants or other pharmaceutical compounds (each alone or in combination with other pharmaceutical compounds).

Licensor Technology means (a) Licensors proprietary Aerosol Technology owned or controlled by Licensor in the Territory as of June 30, 2008 (including without limitation the technologies, devices, processes, equipment, materials and know-how relating to the aerosolization of liquid forms of drug products and the Aerosol Devices and Disposable Dose Packs therefor) and (b) all Intellectual Property owned by or licensed to Licensor in the Territory as of June 30, 2008 relating to such Aerosol Technology, including, without limitation, the Licensor Patents.

Licensor Patents means all Patents owned by Licensor in the Territory or to which Licensor otherwise has rights in the Territory, as of June 30, 2008, that claim or are directed to the Licensor Technology.

Licensor Technology Improvements means any rights in the Territory in and to any Inventions created or reduced to practice by or on behalf of either Party (or any Affiliates, subcontractors, sublicensees, agents, representatives, successors or assigns of such Party) in the performance of the Agreement or exercise of the license granted pursuant to this Agreement, or by or on behalf of Licensee under the PMPSA/Licensee Agreement or exercise of the license granted pursuant to the PMPSA/Licensee Agreement, in each case which Inventions relate primarily to the Licensor Technology.

Intellectual Property means all know how, Inventions, Patents, copyrights, trademarks, trade secrets and any other intellectual property rights in the Territory that may be secured in any place under laws now or hereafter in effect.

Field of Use
Exclusive Field means (i) the therapeutic or preventative use in humans of Aerosol Technology to deliver Pulmonary Surfactants (alone or in combination with any other pharmaceutical compound(s)) as an active ingredient for the prevention or treatment of Respiratory Indications, and (ii) the therapeutic or preventative use in humans of Aerosol Technology to deliver other pharmaceutical compound(s) as an active ingredient for the prevention or treatment of a Target Indication in the Target Populations.
Disclaimer: The information gathered from RoyaltySource® database was sourced from the U.S. Securities and Exchange Commission EDGAR Filings and other public records. While we believe the sources to be reliable, this does not guarantee the accuracy or completeness of the information provided. Further, the information is supplied as general guidance and is not intended to represent or be a substitute for a detailed analysis or professional judgment. This information is for private use only and may not be resold or reproduced without permission.