Royalty Report: Drugs, Diagnostic, Biotechnology – Collection: 28830

“Elispot” shall mean an in vitro assay to detect cytokine secreting T-cells reacting to one or more antigens or peptides by capturing cytokine released from those reactive T cells in the immediate vicinity of the T-cells by an immobilized primary antibody.

Licensor hereby grants to Licensee and its Affiliates a non-exclusive, royalty-bearing license to the Patent Rights, without the right to sublicense except as approved by Licensor in writing, to make, have made, use, sell and have sold Mab-based Licensed Products in the Territory, except products utilizing the format technology that is proprietary and that, as of today, is provided by Party A to Licensor in the test format in Licensor’s current Witness heartworm diagnostic products. For purposes of clarity, Licensor hereby acknowledges Licensee’s right to have such Mab-based Licensed Products or any component thereof manufactured by a third party. This license grant is limited only to Licensee’s own Mab-based Licensed Products whereas products which Licensee may distribute for other parties that may otherwise infringe the Patent Rights are specifically excluded, except as approved by Licensor in writing.

Licensor hereby also grants to Licensee and its Affiliates a non-exclusive, royalty-free license to the Patent Rights, without the right to sublicense except as approved by Licensor in writing, to make, have made, use, sell and have sold Di33-based Licensed Products in the Territory, except products utilizing the format technology that is proprietary and that, as of today, is provided by Party A to Licensor in the test format in Licensor’s current Witness heartworm diagnotic products. For purposes of clarity,  Licensor hereby acknowledges Licensee’s right to have such Di33-based Licensed Products or any component thereof manufactured by a third party. Furthermore, the Parties agree that, if a product qualifies as both a Mab-based Licensed Product and a Di33-based Licensed Product, it shall be subject to royalties. This license grant is limited only to Licensee’s own Di33-based Licensed Products whereas products which Licensee may distribute for other parties that may otherwise infringe the Patent Rights are specifically excluded, except as approved by Licensor in writing.

Licensed Products shall mean Mab-based Licensed Products and/or Di33-based Licensed Products.

Mab-based Licensed Products shall mean any heartworm antigen detection test product or part thereof having or using at least one monoclonal antibody that reacts with Dirofilaria immitis antigenic extract, including any said heartworm antigen detection test product or part thereof within the scope of a claim in the Patent Rights or manufactured by a process within the scope of a claim in the Patent Rights. For avoidance of doubt, the Parties agree that Licensees SOLO STEP® CH product and canine and feline reference laboratory heartworm antigen detection tests using such a monoclonal antibody are “Mab-based Licensed Products”.

Di33-based Licensed Products ” shall mean any heartworm antibody detection test product or part thereof using at least one recombinant Di33 protein, wherein a Di33 protein has properties as set forth in the ‘569 Patent, including any said heartworm antibody detection test product or part thereof within the scope of a claim in the Patent Rights or manufactured by a process within the scope of a claim in the Patent Rights.