Royalty Report: Medical, Diagnostic, Assay – Collection: 291929

$150.00

Curated Royalty Rate Report
Category: Technology Licenses, Created On: 2022-04-28, Record Count: 20

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.
Category: Technology Licenses
Created On: 2022-04-28
Record Count: 20

Primary Industries

  • Medical
  • Diagnostic
  • Assay
  • Test/Monitoring
  • nucleic acid
  • Drugs
  • DNA
  • Genome
  • Cancer
  • Agriculture
  • Forestry and Fishing
  • Device
  • Research
  • Drug Discovery
  • Biotechnology
  • Bacterial Infection
  • Environmental Control
  • Food
  • ribonucleic acid
  • 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: 291929

License Grant
Licensor hereby grants Licensee a, worldwide, non-transferable, non-exclusive license under Licensor Licensed Technology, to, (1) develop Generic Kits and Standard Kits as authorized in this Agreement, (2) make, have made, and use (which use includes the right to modify) Licensor OEM Kits and (3) distribute, market and sell such Licensor OEM Kits (OEM License) pursuant to the license granted to Licensee as set forth in this Agreement. Licensee agrees to forbear from the use and exercise of the OEM License otherwise a royalty payment will be due.  If Licensee grants any Third Party a license to exploit the TAG Improvements, Licensee shall pay Licensor a royalty.

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.

License Property
Licensor Licensed Technology means Technology Controlled by Licensor and its Affiliates as of the Effective Date that is useful in the Field of Use, as listed or described hereto. Licensor represents and warrants that the items listed hereto comprise all of the Licensor Licensed Technology as of the Effective Date of this agreement. As of the Effective Date the Licensor Licensed Technology does not require payment of royalties to third parties. Licensor and its Affiliates will amend this from time to time to keep it current. Licensor and its Affiliates warrant that all Controlled Technology for carrying out the marketing, sale, and other disposition of Products will be included in the Licensor Licensed Technology.

US Patent 5,888,819 – Method for determining nucleotide identity through primer extension

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 Licensor or Licensors 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.

TAG improvement is any improvements to TAG Assays.

Field of Use
These new assays will allow researchers to customize high density SNP analyses solely by designing GBA primers for use on a standard GeneChip array.

The first products to be commercialized by the alliance will include reagent kits for use with Licensee's new universal array designed to perform thousands of user-defined SNP analyses.  Licensee has developed and intends to establish its GeneChip® system as the platform of choice for acquiring, analyzing and managing complex genetic information in order to improve the diagnosis, monitoring and treatment of disease.

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.

GeneChip system is a commercial microarray platform that allows whole genome gene expression analysis for a wide variety of experimental organisms.

IPSCIO Record ID: 291157

License Grant
Licensor shall (A) grant to Licensee a non-exclusive, non-transferable, royalty-free license to exploit such TAG Improvement for Licensees internal use, and (B) shall include internal use rights to use such TAG Improvement within the licenses granted to Product customers.

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.

License Property
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.

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
The first products to be commercialized by the alliance will include reagent kits for use with Licensor's new universal array designed to perform thousands of user-defined SNP analyses. The companies expect to follow this product launch with additional genotyping products that incorporate additional universal arrays and GBA reagents. Licensee will develop and manufacture GBA primer extension reagent kits that are directed to defined sets of SNPs and that can be customized by the end user. Licensor will develop and manufacture the universal GeneChip arrays.

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: 282956

License Grant
Licensor hereby grants to Licensee under the Licensed Patents a non-exclusive license, without the right to grant sublicenses, to make, sell, offer for sale or otherwise dispose of Licensed Products in the Territory solely for use in the Licensed Field. Under this license, Licensee may use the Licensed Products only to the extent necessary for Licensee to perform quality control functions on lots of the Licensed Products, but under no circumstances may Licensee use the Licensed Products for Research Purposes or for any other purpose within or outside the License Field.
License Property
Licensed Product means a Kit and an End User License.

Licensed Patents means US Patent No. 5,888,819 and 6,004,744 and any divisionals, continuations, reissues, and foreign counterparts thereof.

5,888,819 – Method for determining nucleotide identity through primer extension
6,004,744 – Method for determining nucleotide identity through extension of immobilized primer

Instruments' mean automated electrophoresis nucleotide sequencing

'Genotype' means the detection or quantification of an individual SNP within a single sample (whether or not the genome of the sample is heterozygous for the given SNP).

Kit means a product designed for performing Primer Extension comprising one or more Reagents, the sale or offer for sale of which, without the licenses granted herein, would infringe or contribute to the infringement of at least one claim of a Licensed Patent.

Primer Extension means a nucleic acid template-dependent primer extension reaction to determine the identity of a single nucleotide base at a specific position in a nucleic acid of interest in which the reaction is performed in the presence of two or more terminators and in the absence of extendable nucleotides.

Reagent means an enzyme, buffer, primer extension chain-terminating compound or other composition useful for Primer Extension.

Field of Use
Licensed Field means the use of a Licensed Product on Approved Instruments for Research Purposes only. Practical applications of these techniques include genetic disease diagnoses, infectious disease diagnoses, forensic techniques, paternity determinations, and genome mapping.

IPSCIO Record ID: 249745

License Grant
Licensor grants a non-exclusive license under the Licensed Patents in the Field in the Territory during the License Term, to make, have made, use, offer to sell, sell and import Licensed Services.  Licensee shall have the right to sublicense.
License Property
The patents and technology relate to Colorectal Cancer Assay, meaning any colorectal cancer diagnostic or monitoring test including but not limited to screening, diagnosis, staging, monitoring and pharmacogenetic testing.
Field of Use
The field shall mean colorectal cancer assays used for specialty testing.

IPSCIO Record ID: 329692

License Grant
Prior to the Effective Date of this Agreement, the Parties have been involved in collaborative efforts to jointly develop assays for the ANAIS Instrumentation.

By this agreement, the Parties shall cooperate in the Development Transition and in the transfer of any information and Know-How necessary for Licensee to assume the development of the ANAIS Products.

Licensor grants a non-exclusive, non-transferable, worldwide license in the ANAIS Field to use the Licensor Technology to develop, make and have made, use, sell, offer for sale, have sold, and import the ANAIS Products, solely and exclusively for use on the ANAIS Instrumentation.

License Property
The ANAIS Instrument shall be an automated laboratory instrument for performing nucleic acid assays utilizing High Density DNA Probe Arrays.
Key BioChemistry Components include
– All enzymes used in transcription-based amplification for use in ANAIS Assays.
– All biochemical components used for amplification of amplicon of target with TMA, which is Licensors patents and technology relating to Nucleic Acid Sequence Amplification Methods.
– All probes, primers, and oligonucleotides used in ANAIS Assays.
– Nucleic acids used for ,positive and negative controls, standards, calibrators, and for quality control of ANAIS Assay components.

ANAIS products shall mean the following Probe Assays, in each case made, used, or sold under the license granted by Licensor and solely and exclusively for use on ANAIS Instrumentation
– Probe Assays for the detection, identification, quantification, and/or susceptibility testing for panels of microorganisms or agents (but specifically excluding single organisms) in specimens taken from humans, solely for the purpose of diagnosis and medical care of the persons from whom the tested samples were taken. A panel shall test for 10 or more distinct species of organisms or agents in the following groups of microorganisms
or agents  Bacteria; Viruses; Yeast/Fungi; or, Parasites.The panels shall be medically relevant.

– Probe Assays for the detection, identification, quantification, and/or susceptibility testing for an individual organism, drawn only from the groups or families listed below, in specimens taken from humans, solely for the purpose of diagnosis and medical care of the persons from whom the tested samples were taken Hepatitis virus; HIV virus; Herpes virus; Human papilloma virus; HTLV Virus; Yeast; Fungus; Parasite; and, Bacterium other than Neisseria gonorrhoeae or Chlamydia trachomatis.

– Probe Assays for testing of sequences encoding human leukocyte antigens in specimens taken from humans and/or

– Probe Assays to detect and /or precisely identify microorganisms or agents including bacteria, yeast, viruses and parasites for use in quality control processes of water, food products, and/or previously developed pharmaceutical or cosmetic products, and/or identify foods coming or derived from plants and/or/ animals for the purpose of confirming anticipated source(s) of the food.

Assay shall mean a diagnostic process or procedure applied to a sample, or a portion of a sample, whereby a particular chemical compound, or a collection of compounds, or a portion of a chemical compound, is detected and optionally quantified.

Field of Use
The ANAIS Field shall mean
– the detection, identification, quantification, and/or susceptibility testing of organisms or agents causing human clinical infectious diseases, as present in the human body, solely for the purpose of diagnosis and medical care of the persons from whom the tested samples were taken;
– testing for sequences encoding human leukocyte antigens;
– testing for microorganisms or agents, including bacteria, yeast, viruses and parasites in quality control processes of water, food products, and/or previously developed pharmaceutical or cosmetic products; and/or
– testing for the purposes of identifying genetically-modified foodstuffs or identifying animal species in foodstuffs.

The ANAIS Field specifically does not include testing for infectious agents in blood and blood products intended for transfusion, or the testing for infectious agents in blood in connection with organ transplants, or the testing of specimens from non-human animals or environmental sources except as specifically provided above, even if such testing is for the purpose of detecting or identifying organisms which are associated with infectious diseases in man.

IPSCIO Record ID: 291130

License Grant
Licensor hereby grants to Licensee, and Licensee hereby accepts from Licensor, a royalty-bearing, non exclusive, personal, non-transferable license under the Licensed Technology solely to perform Licensed Services within the Territory.

Licensor hereby grants to Licensee the right and Licensee accepts and agrees to credit Licensor as the source of its Licensed Technology rights in Licensees promotional materials and any other materials intended for distribution to Third Parties as follows

License Property
Licensor owns and has the right to grant licenses to practice under certain United States Patents describing and claiming, inter alia, nucleic acid amplification processes known as polymerase chain reaction ('PCR'), homogeneous PCR, and RT-PCR ('reverse transcription PCR').

Licensed Technology shall mean, subject to the following limitations, the Valid Claims of the United States patents listed in Agreement and any reissue or reexamination patents thereof. No rights under any kit claims of such patents are included in this definition or licensed under this Agreement. With the exception of the reaction mixture claims of United States Patents Nos. 5,804,375, 5,693,517, 5,476,774 and 6,127,155, the plasmid claims of the 5,476,774 patent, the primer claims of United States Patent No. 5,573,906, and the probe claims of United States Patent No. 5,110,920, no rights under any apparatus, device, composition of matter, reagent or substance claims of such patents are included in this definition or licensed under this Agreement.
4,683,195 – Process for amplifying, detecting, and/or-cloning nucleic acid sequences
4,683,202 – Process for amplifying nucleic acid sequences
4,965,188 – Process for amplifying, detecting, and/or cloning nucleic acid sequences using a thermostable enzyme

Diagnostic Product shall mean an assemblage of reagents, including but not limited to reagents packaged in the form of a kit, useful in performing a Licensed Service.

Licensed Service(s) shall mean the performance by Licensee of an in vitro procedure within the Licensed Field which utilizes the Licensed Technology. Licensed Services include, but are not limited to, any combination of the steps of collecting a sample for analysis, isolating nucleic acid sequences from the sample, amplifying one or more desired sequences, analyzing the amplified material, including sequence analysis, and reporting the results.

Field of Use
Licensed technology includes specified nucleic acid amplification processes, to perform certain polymerase chain reaction-based human in vitro clinical laboratory services.

Licensed Field shall mean the field of clinical laboratory services that detect the presence, absence and/or quantity of a nucleic acid sequence for the detection, diagnosis, confirmation, prognosis, management and/or treatment of a human disease or condition, including, but not limited to, such services to identify predisposition to disease, disease susceptibility, confirm disease, predict therapeutic effectiveness or monitor disease progress; used in the course of human clinical trials; for Parentage Determination; and for tissue transplant typing, including testing performed on animal tissue intended for use in xenotransplantation. Licensed Field shall specifically exclude any services performed for the screening of blood and/or blood products.

IPSCIO Record ID: 289237

License Grant
Licensor hereby grants to Licensee under the Licensed Patents a non-exclusive license, without the right to grant sublicenses, to research and develop, to make, have made (with prior notification to Orchid), sell, offer for sale or otherwise dispose of Licensed Products in the Territory solely for use in the Licensed Field.

Under this license, Licensee may use the Licensed Product only to the extent necessary to perform research and development on Licensed Products for sale hereunder and/or quality control functions on lots of the Licensed Products, but under no circumstances may Licensee use the Licensed Products for Research Purposes or for any other purpose within or outside the Licensed Field.

Licensor additionally grants to Licensee, under the Licensed Patents, a non-exclusive license, without the right to grant sublicenses, to research and develop, to make, have made (with prior notification to Licensor), sell, offer for sale or otherwise dispose of Kits in the Territory to a Third Party Licensee for use in the Licensed Field or otherwise consistent with such Third Party Licensees license from Licensor.

License Property
Licensed Product means a Kit and an End User License.

Kit means a product designed for performing Primer Extension comprising one or more Reagents, the sale or offer for sale of which, without the licenses granted herein, would infringe or contribute to the infringement of at least one claim of a Licensed Patent.

Licensed Patents means US Patent No. 5,888,819 and 6,004,744 and any divisionals, continuations, reissues, and foreign counterparts thereof.  To date foreign patents include the Australian Patent No. 660,173.
5,888,819 – Method for determining nucleotide identity through primer extension
6,004,744 – Method for determining nucleotide identity through extension of immobilized primer

Genotype means the detection or quantification of an individual SNP within a single sample.

'SNP' means single nucleotide polymorphism.

Reagent means an enzyme, buffer, primer extension chain-terminating compound or other composition useful for Primer Extension.

Field of Use
This agreement pertains to methods for determining nucleotide identity.

Average nucleotide identity (ANI) is a comparative measurement between the similarity of two genomes sequences. Here we present a tutorial on R that allows the user to identify and visualize groups of genomic species using the output of different ANI algorithms.

Licensed Field means the use of a Licensed Product on an Approved Instrument for Research Purposes only.

IPSCIO Record ID: 5316

License Grant
Licensor grants to Licensee, for  the term of this Agreement, a non-transferable, non-exclusive license to use the SNP Assay Kits (provided under  this  Agreement) on DNAPrint's SNPstream Instrument solely for research use and only for the detection of genetic polymorphism by SNP-IT.  Licensee may make this use only on its own behalf and in its  provision of Genotyping Services under this Agreement.
License Property
Primer Extension means a nucleic acid template-dependent primer extension reaction to determine the identity of a single nucleotide base at a specific position in a nucleic acid of interest.

SNP Assay Kit means the SNPware(TM) pre-formatted consumable assay kits containing validated and quality controlled reagents or similar kits for genotyping.

Licensor Trademarks means the marks.

Field of Use
The rights granted relates to the Company providing Formatting with its supply of SNP Assay Kits to the Licensee.  Licensee may not order any SNP Assay Kit until the Company completes Formatting for the particular SNP(s) which the SNP Assay Kit is intended to identify.

IPSCIO Record ID: 329693

License Grant
Licensor grants a non-exclusive, non-transferable, worldwide license in the VIDAS Field to use the Licensor Technology solely to develop, make and have made, use, sell, offer for sale, have sold and import the VIDAS Products, solely and exclusively for use on the VIDAS Instrumentation.
License Property
Licensor possesses technology, knowledge, know-how and proprietary rights pertaining to nucleic acid hybridization and amplification technologies, detection and identification technologies, including specific probes targeting ribosomal RNA and specific target sequences and regions, microbiological culture collections, Probe Assay formats, specimen collection and processing, multiple analyte detection technologies and related intellectual property.

VIDAS Instrumentation shall mean, collectively, the Licensee instrument system currently known as the VIDAS system and the Licensee instrument system currently known as the mini-VIDAS system, as such systems existed on the date of the VIDAS Agreement and as hereafter modified or supplemented by additional instrumentation or devices as required to accommodate VIDAS Products, each of which modified and/or supplemented systems shall consist of instrumentation which is generally sold for processing and interpreting both Probe Assays and immunoassays, excluding, in any event, all VIDAS Products to be run on such instrumentation, provided, however, that such term may include a Probe Assay-only VIDAS system that Licensee may elect to develop at its expense, and provided, further, such modified and/or supplemented Probe Assay-only instrumentation system shall
–  be semi-automated, meaning it does not accept the sample container itself and performs all steps needed to produce the tests results.
–  use as its test format (i) a multi-well plastic cassette, currently referred to as a VIDAS strip which contains pre-dispensed reagents, tests for analytes and controls which is manually loaded into and resident in individual incubation and processing slots, and (ii) a pipette tip, currently referred to as an SPA, containing immobilized capture ligands; and
–   accommodate, on any single unit capable of stand-alone operation of such modified and/or supplemented instrument system, no more than thirty (30) test cassettes at one time.

VIDAS Products shall mean the following Probe Assays, in each case made, used, or sold under the license granted by Licensor in this Agreement and solely and exclusively for use on VIDAS Instrumentation
–   VIDAS Initial Products, which shall mean, collectively, Probe Assays for the detection of Chlamydia trachomatis (VIDAS Probe CT); Probe Assays for the detection of Neisseria gonorrhoeae (VIDAS Probe GC), Probe
Assays for the detection of Neisseria gonorrhoeae and/or Chlamydia trachomatis in combination VIDAS CT/GC Screen and Probe Assays for the detection of Mycobacterium tuberculosis (VIDAS Probe MTB)
–   VIDAS QHIV Product, means the Probe Assay for the quantitative detection of human immunodeficiency virus which has been the subject of joint Parties development efforts prior to the Effective Date. IF Licensee elects to develop an alternative QHIV probe assay for the VIDAS Instrumentation and a new regulatory submission is required for such assay, then (i) if Licensee ceases to market the original VIDAS QHIV Product and markets only the alternative QHIV probe assay, such alternative QHIV probe assay shall thereafter be prospectively considered to be the VIDAS QHIV Product for purposes of this Agreement, but (ii) if Licensee continues to market the original VIDAS QHIV Product and also markets the alternative QHIV probe assay, such alternative QHIV probe assay shall be considered to be a VIDAS Future Infectious Disease Product for purposes of this Agreement.
–  VIDAS HLA Product, which shall mean Probe Assays for the detection and quantification of sequences encoding·human leukocyte antigens;
–  VIDAS Food Testing Products, which shall mean Probe Assays for the detection of microorganisms in any and all materials associated with the production (including quality control) of foodstuffs or beverages, including water, intended for human or animal consumption.
–  VIDAS Future Infectious Disease Products, which shall mean Probe Assays, other than the VIDAS Initial Products and VIDAS QHIV Product, for detection, identification, quantification of, and/or susceptibility testing for agents causing human clinical infectious diseases, as present in the human body, solely for the purpose of diagnosis and medical care of the persons from whom the tested samples were taken.
–  VIDAS Other Future Products, which shall mean any Probe Assays which are directed at one or more Option Targets selected by Licensee.

Assay shall mean a diagnostic process or procedure applied to a sample, or a portion of a sample, whereby a particular chemical compound, or a collection of compounds, or a portion of a chemical compound, is detected and optionally quantified.

Probe Assay shall mean an Assay using a nucleic acid as a necessary and active reagent or which detects a set of nucleic acid sequences or a specific nucleic acid sequence, as a means of obtaining useful information relevant to the sample being assayed.

Key Biochemistry Components or KBCs shall mean (a) the lysing tubes, enzymes, nucleic acids and other biochemical compounds and reagents.  Key Biochemistry Components are
–  All enzymes used in transcription-based amplification, including TMA and variations and improvements to TMA, for use in VIDAS Assays.
–  All biochemical components used for amplification of amplicon of target with TMA.
–  All probes, primers, and oligonucleotides used in VIDAS Assays.
–  Nucleic acids used for positive and negative controls, standards, calibrators, and for quality control of VIDAS Assay components and VIDAS kits.

Field of Use
Technology covers semi-automated probe assays and advanced fully-automated, probe assays for the diagnosis of infectious diseases and detection of food pathogens.

Licensee and its Affiliates maintain and operate a worldwide network of semi-automated instruments known as VIDAS and mini-VIDAS for the diagnosis of infectious disease and other indications.

VIDAS Field shall mean
–  the detection, identification, quantification, and/or susceptibility testing of agents causing human clinical infectious diseases, as present in the human body, solely for the purpose of diagnosis and medical care of the persons from whom the tested samples were taken;
–  testing for sequences encoding human leukocyte antigen;
–  testing for microorganisms in any and all materials associated with the production, including quality control, of foodstuffs or beverages, including water, intended for human or animal consumption;
–  testing for any analyte listed and selected by Licensee, as present in a clinical sample from the human body, solely for the purpose of diagnosis and medical care of the person from whom the tested sample was taken.

The VIDAS Field specifically does not include testing for infectious agents in blood and blood products intended for transfusion, or the testing for infectious agents in blood in connection with organ transplants, or the testing of specimens from non-human animals or environmental sources except as specifically provided above, even if such testing is for the purpose of detecting or identifying organisms which are associated with infectious diseases in man.

The target markers are
–  Cancer Markers
1. Prostase,
2. Mammaglobin,
3. Kras,
4. p53,
5. Cancer related mutations of the mitoch9ndrial RNA in the D-Loop regulatory region, the NADH (nicotinamide adenine dinucleotide) region, and the dehydrogenase subunit 4.
–  Cardiac Markers
6. Factor II (Prothrombiri) mutation (20210)
7. Factor V Leiden mGtation
–  Alzheimer Markers
8. ApoE
9. presenilin,
–  Sepsis Markers
10. Sepsis specific cytokine.

IPSCIO Record ID: 286033

License Grant
Licensor grants the following licenses for the Licensed Field only, which shall be exclusive, for the Bacteriology Field and non-exclusive for the balance of the Licensed Field
—  A worldwide license under the Patent Rights, Know-How and Copyrights included in Licensor Licensed Core Technology and Licensor Collaboration Technology to import, use, distribute and sell Licensed DNA Probe Arrays, and to incorporate or cause the incorporation of such Licensed DNA Probe Arrays, through processes of manufacture, into Licensed Diagnostic Assays, and to manufacture and have manufactured Licensed Diagnostic Assays, and to use, import, distribute and sell Licensed Diagnostic Assays.

With respect to Other Licensed Diagnostic Products that are to be used solely with a DNA Probe Array that has 10 or fewer Probes/cm(2) and is not included as a High Density Probe Array (Low Density  Probe Array), Licensor agrees to grant a nonexclusive, worldwide license in the Licensed Field under the Patent Rights included in the Licensor Licensed  Core Technology and the Licensor Collaboration Technology to make, have made,  use, import, distribute and sell and  under the Know-how and Copyrights included in the Licensor Licensed Core Technology and the Licensor Collaboration Technology to make, have made, copy, display, distribute, use, import and sell, all such Other Licensed Diagnostic Products for use with such Low Density Probe Arrays solely for use in the Licensed Field.

In addition to the foregoing license, Licensor grants with respect to Licensor Collaboration Technology, a nonexclusive, worldwide, research-use only license to use the Licensor Collaboration Technology outside of the Licensed Field for Licensees own research purposes pertaining to Clinical Diagnostics, and for the Licensed Field for Licensees purposes pertaining to this Collaboration and research and development in furtherance thereof.

For the option for non-exclusive Licenses in the Virology and HLA Fields, subject to pre-existing agreements, Licensor grants non-exclusive options to enter into non-exclusive licenses under Licensor Licensed Core Technology to expand Licensees products that would use Licensed DNA Probe Arrays to include categories of products for viral agents and products for the testing of human leukocyte antigens (HLA Class I and Class II allelic polymorphis) any condition, except for the diagnosis of cardiopulmonary disease to the extent that such rights have been previously granted on an exclusive basis to a third party (HLA option).

License Property
Licensed Diagnostic Product means a Licensed Diagnostic Assay or any Other Licensed Diagnostic Product.

Licensed Diagnostic Assay means a disposable diagnostic assay or reagent kit for use in Clinical Diagnosis,  which assay or kit incorporates a Licensed DNA Probe Array supplied by Licensor to Licensee pursuant to the Manufacturing Agreement or permissibly manufactured by Licensee in accordance with the Manufacturing Agreement.
    
Licensed DNA Probe Array means any High Density DNA Probe Array developed in the Collaboration, or based on specifications derived from prototypes so developed.

The Viral Agent Candidates include Adenovirus, Rotavirus, Herpes Simplex Virus Type II (when done in an STD panel), Enterovirus, Viral Influenza, Respiratory Syncytial Virus (as part of a respiratory panel), Viral encephalitis and Viral meningitis.

GeneChip system is the platform of choice for acquiring, analyzing and managing complex genetic information in order to improve the diagnosis, monitoring and treatment of disease.

GeneChip system consists of four integrated parts disposable DNA probe arrays containing genetic information on a chip housed in a cartridge, a fluidics station for introducing the test sample to the probe arrays, a scanner to read the data from the probe arrays, and software to control the instruments and to analyze and manage the genetic information. The GeneChip system is designed for use by pharmaceutical and biotechnology companies, academic research centers and reference laboratories.

Field of Use
The collaboration agreement is to develop GeneChip probe arrays for clinical diagnostic kits for bacterial identification and antibiotic resistance analysis.

The Licensed Field means the field which encompasses only the Bacteriology Field and the field of detection, identification and/or determination of resistance to treatment of four viral agents commonly included in bacteriology testing, to be elected by Licensee for use only in Clinical Diagnosis.

Bacteriology Field means the field of only detection and/or identification of bacterial and fungal microorganisms, and the determination of antibiotic resistance of such bacterial and fungal microorganisms, both for use in the Clinical Diagnosis of human disease.

IPSCIO Record ID: 294265

License Grant
The parties will jointly develop a set of genomic markers associated with desired phenotypic traits in broilers in support of French Licensor’s continuing improvement in the breeding of Licensor’s pure lines for broilers.  The parties intend to work together toward developing these markers through the utilization of the discovery services, information, and data that are the subject of this Agreement and for Licensor’s commercialization of improved pure lines for broilers. Licensee will perform for Licensor the genomic discovery and development services as set forth in this Agreement, and Licensor will share with Licensee broiler phenotypic information, data and expertise as required for Licensee to perform the contemplated genomic services, all as set forth in this Agreement (which relationship, subject to the terms and conditions of this Agreement, shall be exclusive); and Licensor may use the markers to improve the breeding of its pure lines for broilers in order to respond to current and future needs of the poultry industry, and Licensee may commercialize the markers in fields not exploited by Licensor.
License Property
Joint Intellectual Property or Joint IP shall mean all results of the Research Plan that are identified, discovered, developed or invented through the use of both Licensor Technology and Licensee Technology, including all results of genotypes performed by Licensee on Samples, the data analyses performed by Licensee using the genotype results and phenotype, family or other information included in the Licensor Technology and the resulting statistics, and the Broiler Trait Associated SNP Set, the Production Trait Associated SNP Set. Notwithstanding the above, the Chicken Discovery Panel and any other intellectual property generated during Phase I or Phase II of the Research Plan shall be deemed not to be Joint Intellectual Property; all results obtained by Licensee using any phenotype or broiler identity data included in the Licensor Technology, including notably all the data and analysis results generated pursuant to Phases III, IV and V of the Research Plan, shall however be Joint Intellectual Property.

Licensor Technology shall mean all data (including the Licensor Materials and any other phenotype and broiler line data supplied by Licensor), information, inventions, know-how, technology, trade secrets, and the like, whether patentable or not, that are conceived, identified, discovered, developed, or invented in whole or part by or on behalf of Licensor independent of Licensee.

Licensee Technology shall mean (a) assay technology and all data, information, inventions, know-how, technology, trade secrets, and the like, whether patentable or not, including the Putative SNP Set, that are either (i) conceived, identified, discovered, developed, or invented in whole or part by or on behalf of Licensee independent of Licensor and without any use of Licensor Technology, whether as a part of the Research Plan or separately, and/or (ii) acquired or licensed by Licensee from Third Parties and (b) the Chicken Discovery Panel and any other intellectual property generated during Phase I or Phase II of the Research Plan.

Chicken Discovery Panel (which shall constitute Licensee Technology, not Joint IP) shall mean a subset of the Putative SNP Set, containing between 4000 and 8000 SNPs evenly spaced throughout the chicken genome, and validated by Licensee using Samples provided by Licensor as being an informative panel to use for the genome-wide association studies to be performed in Phases III and IV of the Research Plan.

Broiler Trait Associated SNP Set shall mean the collection of SNP markers from the Chicken Discovery Panel that are significantly associated with broiler traits of body weight, conformation score, feed conversion, meat yield, and livability discovered during Phase IV of the Research Plan, together with all associated data analyses and statistics, including those resulting from the validation analyses performed as Phase V of the Research Plan.

Genotype shall mean the specific nucleic acid sequence of an individual found at a specific location in the genome.

Genotyping shall mean the analysis of nucleic acid sequence variation at a specific location in the genome.

Production Associated SNP Set shall mean the collection of SNP markers from the Chicken Discovery Panel that are significantly associated with egg production discovered from Phase IV of the Research Plan, together with all associated data analyses and statistics, including those resulting from the validation analyses performed as Phase V of the Research Plan.

Putative SNP Set (which shall constitute Licensee Technology, not Joint IP) shall mean a set of at least 8000 (eight thousand) putative SNPs generated by Licensee without any use of Licensor Technology that cover the chicken genome, have known, unique locations on the public chicken genome assembly and are evenly dispersed throughout the chicken genome.

Samples shall mean the blood samples collected by Licensor from the various populations of chickens studied in the Research Plan and delivered to Licensee as described in the Research Plan.

Field of Use
Field shall mean the use of genomic markers to detect and/or manage targeted traits in broiler livestock.

IPSCIO Record ID: 237261

License Grant
With this amended and restated agreement, Licensee desires a non-exclusive license under the patent applications, and patents that may issue therefrom, to develop and perform Assays and market Kits in one or more fields.

Licensor grants a non-exclusive immunity from suit in the Territory under Licensor Patent Rights
– to itself perform Licensed Assays;
– to make, have made, use, sell and promote Licensed Kits, and to pass on to end-user purchasers the right to use those Licensed Kits in the Licensed Fields under PHRI Patent Rights; and,
– to develop Licensed Assays and Licensed Kits, and to test Licensed Kits for quality control.

License Property
The licensed property is improvements in fluorescently labeled nucleic acid detection probes, and kits and assays employing such probes.  The patents include but are not limited to Hybridization Probes for Nucleic Acid Detection, Universal Stems, Methods and Kits, and, Detectably Labeled Dual Conformation Oligonucleotide Probes, Assays and Kits, and, Nucleic Acid Detection Probes Having Non-FRET Fluorescence Quenching and Kits and Assays Including Such Probes, and, Non-competitive Co-Amplification Methods, and, Wavelength-Shifting Probes and Primers and Their Use In Assays and Kits, and, Assays for short sequence Variants.
Field of Use
Licensed Fields shall mean the fields of Human In Vitro Diagnostics, Food Testing, and Environmental Testing.

Human In Vitro Diagnostics ( HIVD) shall mean the field of use comprising the in vitro measurement, observation or determination of one or more protein or nucleic acid targets in a sample obtained from a human being for medical management of that human being or for blood banking, bone marrow banking or similar banking of human tissues for human medical management, and pre-clinical uses and clinical trials for the foregoing uses, even if kits for such purposes are labeled Research Use Only or Investigational Use Only.

Food Testing shall mean the field of use comprising the in vitro measurement, observation, or determination of one or more protein or nucleic acid targets of an organism in a sample obtained from food and/or sources of food intended for human consumption in order to determine whether or not that food is fit for consumption.

Environmental Testing shall mean the field of use comprising the in vitro measurement, observation or determination of one or more protein or nucleic acid targets of microorganisms (including bacteria, yeast, viruses and parasites) for the purpose of detecting and/or monitoring environmental contamination in (a) materials associated with a manufacturing process, excluding samples of food intended for consumption, or (b) samples collected from air, soil, water or other liquids, particles or surfaces. Environmental Testing includes testing for the presence of microbiological agents used for bioterrorism and biowarfare.

IPSCIO Record ID: 263967

License Grant
This license agreement is Included with an asset purchase agreement between this Licensee/Seller and a Third Party Buyer.

University hereby grants to Licensee a right and license to make, have made, use, lease, offer to sell, sell, otherwise commercially dispose of, export and import Licensed Products,  to practice Licensed Processes, in each case directly or by sublicense and only for commercial purposes, including providing services to third parties and for Licensees research and/or development in the Field of Use within the Territory during the Term.  

For the Option,  University hereby grants Licensee an option to acquire a non-exclusive, worldwide, royalty-bearing license within the Field of Use under the Optioned Patent Rights to make, have made. use, sell and offer for sale products, processes and services within the Field of Use.

License Property
The intellectual property relates to Sequencing of Biopolymers by Mass Spectrometry.

The Products associated with the Claimed Technologies are specifically SpectroCHlPs; QGE Software;  and,  QGE assays sold through Assays by Licensee. The Products may be amended from time to time.

Field of Use
The field of use is all uses.

IPSCIO Record ID: 240484

License Grant
Licensor hereby grants to Licensee, and Licensee hereby accepts from Licensor, a royalty-bearing, non-exclusive immunity from suit under PCR Technology solely to use Licensed Technology to perform Licensed Services within the United States and its possessions and the Commonwealth of Puerto Rico. The Parties understand and agree that no rights are hereby granted, expressly or by implication, under U.S. Patent No. 4,965,188.
License Property
PCR Technology shall mean polymerase chain reaction technology covered by United States Patent Nos. B1 4,683,195 and B1 4,683,202 and any reissue or reexamination patents thereof.
4,683,195 – Process for amplifying, detecting, and/or-cloning nucleic acid sequences
4,683,202 – Process for amplifying nucleic acid sequences

Licensed Services shall mean the performance of an Assay by Specialty Labs to detect nucleic acid sequences associated with a human disease or condition within the Licensed Field. Licensed Services include but are not limited to, any combination of the steps of collecting a sample for analysis, isolating nucleic acid sequences therein, amplifying one or more desired sequences, analyzing the amplified material and reporting the results.

Diagnostic Product shall mean an assemblage of reagents, including but not limited to reagents packaged in the form of a kit, useful in performing an Assay.

Assay shall mean an IN VITRO diagnostic procedure utilizing PCR Technology to detect the presence, absence or quantity of a nucleic acid sequence associated with a specific human disease or condition.

Field of Use
Licensed Field shall mean the field of human IN VITRO diagnostics solely for the detection of genetic diseases, genetic pre-disposition to disease, cancer, tissue transplant typing, Parentage, and microorganisms associated with infectious diseases.

IPSCIO Record ID: 298787

License Grant
The parties will jointly develop a set of genomic markers associated with desired phenotypic traits in broilers in support of French Licensee’s continuing improvement in the breeding of Licensee’s pure lines for broilers.  The parties intend to work together toward developing these markers through the utilization of the discovery services, information, and data that are the subject of this Agreement and for Licensee’s commercialization of improved pure lines for broilers. Licensor will perform for Licensee the genomic discovery and development services as set forth in this Agreement, and Licensee will share with Licensor broiler phenotypic information, data and expertise as required for Licensor to perform the contemplated genomic services, all as set forth in this Agreement (which relationship, subject to the terms and conditions of this Agreement, shall be exclusive); and Licensee may use the markers to improve the breeding of its pure lines for broilers in order to respond to current and future needs of the poultry industry, and Licensor may commercialize the markers in fields not exploited by Licensee.
License Property
Joint Intellectual Property or Joint IP shall mean all results of the Research Plan that are identified, discovered, developed or invented through the use of both Licensee Technology and Licensor Technology, including all results of genotypes performed by Licensor on Samples, the data analyses performed by Licensor using the genotype results and phenotype, family or other information included in the Licensee Technology and the resulting statistics, and the Broiler Trait Associated SNP Set, the Production Trait Associated SNP Set. Notwithstanding the above, the Chicken Discovery Panel and any other intellectual property generated during Phase I or Phase II of the Research Plan shall be deemed not to be Joint Intellectual Property; all results obtained by Licensor using any phenotype or broiler identity data included in the Licensee Technology, including notably all the data and analysis results generated pursuant to Phases III, IV and V of the Research Plan, shall however be Joint Intellectual Property.

Licensee Technology shall mean all data (including the Licensee Materials and any other phenotype and broiler line data supplied by Licensee), information, inventions, know-how, technology, trade secrets, and the like, whether patentable or not, that are conceived, identified, discovered, developed, or invented in whole or part by or on behalf of Licensee independent of Licensor.

Licensor Technology shall mean (a) assay technology and all data, information, inventions, know-how, technology, trade secrets, and the like, whether patentable or not, including the Putative SNP Set, that are either (i) conceived, identified, discovered, developed, or invented in whole or part by or on behalf of Licensor independent of Licensee and without any use of Licensee Technology, whether as a part of the Research Plan or separately, and/or (ii) acquired or licensed by Licensor from Third Parties and (b) the Chicken Discovery Panel and any other intellectual property generated during Phase I or Phase II of the Research Plan.

Chicken Discovery Panel (which shall constitute Licensor Technology, not Joint IP) shall mean a subset of the Putative SNP Set, containing between 4000 and 8000 SNPs evenly spaced throughout the chicken genome, and validated by Licensor using Samples provided by Licensee as being an informative panel to use for the genome-wide association studies to be performed in Phases III and IV of the Research Plan.

Broiler Trait Associated SNP Set shall mean the collection of SNP markers from the Chicken Discovery Panel that are significantly associated with broiler traits of body weight, conformation score, feed conversion, meat yield, and livability discovered during Phase IV of the Research Plan, together with all associated data analyses and statistics, including those resulting from the validation analyses performed as Phase V of the Research Plan.

Genotype shall mean the specific nucleic acid sequence of an individual found at a specific location in the genome.

Genotyping shall mean the analysis of nucleic acid sequence variation at a specific location in the genome.

Production Associated SNP Set shall mean the collection of SNP markers from the Chicken Discovery Panel that are significantly associated with egg production discovered from Phase IV of the Research Plan, together with all associated data analyses and statistics, including those resulting from the validation analyses performed as Phase V of the Research Plan.

Putative SNP Set (which shall constitute Licensor Technology, not Joint IP) shall mean a set of at least 8000 (eight thousand) putative SNPs generated by Licensor without any use of Licensee Technology that cover the chicken genome, have known, unique locations on the public chicken genome assembly and are evenly dispersed throughout the chicken genome.

Samples shall mean the blood samples collected by Licensee from the various populations of chickens studied in the Research Plan and delivered to Licensor as described in the Research Plan.

Field of Use
Field shall mean the use of genomic markers to detect and/or manage targeted traits in broiler livestock.

IPSCIO Record ID: 291119

License Grant
Licensor offers to the polymerase chain reaction (PCR) process users commercial and non commercial license rights under these patents and patent applications for automated performance of the PCR process for research and certain other fields that include, inter alia, an up-front fee component based on the capacity of thermal cyclers used to perform the process.

Licensor grants to the Thermal Cycler Supplier the following personal, non-transferable, non-exclusive rights in the Territory under the Amplification Patent Rights
—  Thermal Cycler Supplier is hereby authorized to sell and distribute to end users under Thermal Cycler Suppliers name and trademarks the specific thermal cyclers and temperature cycling instruments, i.e. the Smart Cycler(R) System, Smart Cycler(R) XC System and GeneXpert(TM) Prototype, in the configurations described) and any thermal cycler or temperature cycling instrument containing one or more I-CORE(TM) modules manufactured by Thermal Cycler Supplier, but not otherwise to sell or distribute to thermal cycler suppliers, with a label conveying to end users, including Thermal Cycler Supplier itself, in the Fields the up-front rights of PCR process licenses under the Amplification Patent Rights, that  is, with an Authorized Thermal Cycler label; and
—  Thermal Cycler Supplier may advertise and promote such thermal cyclers and temperature cycling instruments and so labeled as Authorized Thermal Cyclers for PCR.

Licensor grants to Thermal Cycler Supplier a personal, non-transferable, non-exclusive right under the Amplification System Patent Rights to convey to end-user customers, including Thermal Cycler
Supplier itself, of Thermal Cycler Suppliers Authorized Thermal Cyclers a non-exclusive license to use the same in the Fields in the Territory.

License Property
The patents include
—  describing and claiming gene amplification processes including, among others, a process known as the polymerase chain reaction (PCR) process, which are owned by Roche Molecular Systems, Inc., and amplification process claims in corresponding counterpart patents and patent applications in other countries, and,
—  automated apparatus suitable for performing the PCR process, and apparatus claims in corresponding counterpart patents and patent applications, and,
—  improvements in thermal cycling apparatus for- PCR, including a pressing heated cover, and corresponding counterpart patents and patent applications in other countries,and,
—  describing and claiming an amplification system comprising PCR reagents and a thermal cycler programmed to carry out a PCR protocol,and,
—  claim automated performance of the PCR process using certain programmed thermal cyclers.
Field of Use
Licensee has received a license from Licensor for thermal cycling limited to the fields of life sciences research, industrial testing, aspects of identity testing and forensics. Licensee will require a license for thermal cycling in additional fields, such as clinical diagnostics.

Licensee's I-CORE module is a low-cost, self-contained instrument for performing and continuously monitoring chemical reactions such as PCR. Each module can optically measure up to four separate reactions. The I-CORE module rapidly and accurately controls the heating and cooling of the sample, which allows for fast reactions and accurate results. I-CORE modules can be configured into a variety of DNA analysis instruments or can be sold to manufacturers of large clinical and research instruments for incorporation into their instrument platforms. The I-CORE module is a key component in both our Smart Cycler and GeneXpert families of products.

The discovery of PCR and other amplification techniques dramatically improved the turnaround and time sensitivity of DNA probe assays. PCR acts on a target molecule to generate a million or more copies of the target nucleic acid sequence through repeated cycles of heating and cooling. Originally, this thermal cycling was accomplished by manually moving the sample between hot and cold water baths. Detection is typically accomplished by tagging the DNA with fluorescent dyes and manually placing the amplified sample on a gel to read it. Later, thermal cyclers were developed to automate the heating and cooling functions, and fluorimeters were developed to read the fluorescent signal.

Fields shall mean research and development, quality assurance or control, environmental testing, plant diagnostics, identity testing (other than parentage testing for humans) and forensics.  The Fields specifically exclude human and veterinary diagnostics.

IPSCIO Record ID: 233461

License Grant
The Swiss Licensor grants a non-exclusive license under the Licensed Patents as follows
– 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.

License Property
The Complete Diagnostic Kit means a product dedicated for use in connection with the practice of PCR in the In Vitro Human Diagnostics Field, it being understood that a product shall be deemed to be so dedicated if it is either  a product having a package insert indicating its use primarily in connection with the practice of PCR; or a product which by virtue of its design, operation or construction has no other substantial practical utility, and which product is comprised of, at a minimum, the essential active reagents for amplification and detection of a target nucleic acid in the In Vitro Human Diagnostics Field. For purposes of this Agreement, Licensee shall only convey the necessary rights for End-Users to perform PCR in the In Vitro Human Diagnostics Field with the Sale of a Complete Diagnostic Kit.

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.

Field of Use
This agreement is for the purpose of developing and commercializing PCR based in vitro human diagnostic products for use in clinical diagnostic testing;

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.

“PCR” 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.

IPSCIO Record ID: 243466

License Grant
With this amendment, the Original Agreement is amended by providing for the development and commercialization of Tag Sequence technology.
License Property
Tag Sequence means a set of oligonucleotide probes, developed pursuant to the Original Agreement or this First Amendment, which act independently of any target-sequence-specific analytical chemical reactions to allow the physical addressing of the products of a chemical reaction to locations on a solid support, such as the addressable array-specific portion of the oligonucleotide probes and their complements described in International Patent Application No. W097/312S6, and that are designed for use in the Collaboration Product.
Field of Use
Tag Sequences will be used in the Collaboration Field by the Parties and purchasers of Collaboration Product.

IPSCIO Record ID: 243464

License Grant
For the Conditional Non-Exclusive License to Licensee for Instruments, Licensor grants to a nonexclusive, world-wide license under Licensors interest in the Intellectual Property to make, have made, and import, Instruments outside of the Collaboration Field.

For the Non-Exclusive License to Licensee for Instruments Developed Outside the Joint Development Program, Licensor grants a non-exclusive, world-wide license under Licensors interest in Collaboration Licensors Intellectual Property to make, have made, use, import, offer to sell, and sell instruments outside the Collaboration Field.

For the Non-Exclusive License to Licensee for Instruments,  Licensor grants to a non-exclusive world-wide license under Licensors interest in the Intellectual Property to use, offer to sell, and sell Instruments outside of the Collaboration Field.

This agreement also includes exclusive grants from Licensee to Licensor.

License Property
Licensee has certain skills, proprietary technology and know-how related to the manufacture, design and use of Assembled Arrays.

Licensor has certain skills, proprietary technology and know-how related to the development of bioanalytical instrumentation systems and associated reagents and the marketing, sales and support of products incorporating such systems.

Licensor has DNA Synthesis and Purification Patents  referred to as the Caruthers Process and Caruthers Reagents, and related patents.

Field of Use
Collaboration Field means the field of Zip Code Chemistry used in combination with Assembled Arrays.

Nucleic Acid Analysis Field means the field of characterization of a nucleic acid sample including but not limited to the determination of the relative abundance of the nucleic acid, all or part of a sequence of the nucleic acid, or variations in the sequence of the nucleic acid. The Nucleic Acid Analysis Field excludes the Collaboration Field.

The Parties are designing product based on the Array of Arrays for SNP genotyping. The first SNP genotyping assay format that Licensee intend to commercialize will be PE Biosystems' proprietary OLA ZipCode assay format. This assay format enables the creation of a universal Array of Arrays that can be used to analyze any set of SNPs.

IPSCIO Record ID: 203305

License Grant
The Licensor of England grants to the Licensee a non-exclusive, non-sublicensable license within the Field and the Territory to use the Patents and the Know-How, to develop and have developed, make and have made, to Supply and have Supplied, either directly or through distributors, to import and have imported and to use and have used the Products within the Field.
License Property
The Scorpions technology is the means, methods and compositions used to detect nucleic acid amplification based on compositions that have one or more amplification primer portions linked to one or more nucleic acid probe portions and that are detectable as a result of the extension of one of the primers without concomitant amplification of the probe portion as described.

The products are any assay kit or other composition manufactured for use within the Field, the manufacture, use, sale, or import of which would, but for the license, infringe one or more valid claims of one or more of the issued Patents.

U.S.A. Patent 5,525,494 – Non-amplifiable Tails Patents

Scorpions(TM) probes are highly sensitive, sequence-specific, bi-functional molecules containing a PCR primer covalently linked to a probe. Scorpions probes provide strong fluorescent signals, excellent sequence discrimination, short reaction times, and predictable probe design. The interaction of the probe and the desired target occurs very rapidly and in advance of any competing side reactions such as the formation of internal secondary structures or re-annealing. The unique intra-molecular nature of the Scorpions reaction means that it is ideally suited for fast, quantitative, real-time PCR analysis.

Field of Use
This agreement is for the human in vitro diagnostics field.

Scorpions(TM) technology will provide benefits in speed and in developing highly multiplexed tests.  The first commercial products expected to use the Scorpions probes for Licensee will be in the recreational water testing area.

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