Royalty Report: Medical, Wound Care, Skin care – Collection: 303924

Licensor is a research-oriented company with a focus on wound and skin care.

Licensees focus is on improving outcomes through healing solutions.  They market and distribute skincare products to physicians, hospitals, and clinics.

Licensor manufactures the products and owns the CellerateRX registered trademark.

Licensee will utilize the wound and skin care products for external wounds, including the treatment of external, tunneled or undermined wounds.  These products are used by surgeons in the medical industry. This would include pressure ulcers (Stages I-IV), venous stasis ulcers, diabetic ulcers, ulcers resulting from arterial insufficiency, surgical wounds, traumatic wounds, first and second-degree burns, superficial wounds, cuts, scrapes, skin tears, skin flaps and skin grafts.

The Licensees business is developing, marketing, and distributing wound and skin care products to physicians, hospitals, clinics and post-acute care settings.

Licensor hereby acknowledges that a reliable and continuous source of supply of Products is imperative to Licensees successful marketing efforts. Therefore, as a material inducement to the execution of this Agreement by Licensee, Licensor hereby grants to Licensee a current license and sublicense of its rights under the License Agreement (in each case without the right to sublicense) under existing and proprietary rights to manufacture, have manufactured, use and sell Products in the field throughout the territory, subject to the terms hereof. Licensee agrees, however, to withhold the exercise of its rights for each product under this current license until the happening of any one or more of the following events with respect to the product Licensor becomes insolvent; Licensor has ceased manufacturing the product;  Licensor fails to deliver to Licensee all quantities of product ordered in accordance with this Agreement for delivery in a calendar quarter.

Licensor grants to Licensee and its affiliates a royalty-free license to utilize the Trademarks in the field throughout the territory on and in connection with the promotion of the Products provided by Licensor hereunder and, with respect to Products resulting from the exercise of Licensees license rights in this agreement.

Products – shall mean the Products manufactured by Licensor for and on behalf of Licensee under this Agreement, as more fully described in this agreement hereto and incorporated herein, together with any and all improvements thereof that are manufactured by Licensor for sale in the territory for use in the field. This list may be amended from time to time upon mutual agreement of the parties.
Iamin® Hydrating Gel
Iamin® Wound Cleanser
OsmoCyte® Pillow Wound _Dressing
ProCyte Transparent Film Dressing
OsmoCyte® PCA Pillow ·wound Dressing
Iamin® Hydrating Gel II
OsmoCyte® Island Dressing

Proprietary Rights – shall mean all know-how, trade secrets and patent rights (including process patents)  owned by or licensed to Licensor which are required in order to manufacture the Product to applicable specification in the territory, including without limitation the patent and patent applications described hereto and incorporated herein; provided, however, that for purposes of Article XI, proprietary rights shall not include those proprietary rights currently licensed to, or hereafter owned by or licensed to, Licensor unless (i) Licensee agrees, upon thirty (30) days notice, to pay and does pay promptly all royalties and other amounts due the licensor (in addition to the amounts set forth in Article XI) and to perform and be bound by all obligations due the licensor and (ii) Licensor has the right to grant licenses or sublicenses with respect thereto. Licensor shall use its good faith efforts to include in any such agreement the right to grant such licenses or sublicenses.

Trademarks – shall mean the trademarks listed
Iamin (U.S. Registration Only)
OsmoCyte (U.S. Registration Only)

Licensee acquired an exclusive world-wide license to market, sell, distribute, and further develop certain antimicrobial barrier film and skin protectant products, utilizing certain Licensor patents and pending patent applications.

BIAKS is an FDA-cleared and patented composition that effectively disrupts extracellular polymeric substances to eradicate biofilm microbes. BIAKS is intended for mechanical removal of debris, dirt, foreign materials, and microorganisms from wounds including stage I-IV pressure ulcers, diabetic foot ulcers, post-surgical wounds, first and second-degree burns as well as grafted and donor sites. BIAKS is effective in killing free-floating microbes, immature, and mature bacterial biofilms such as MRSA and Pseudomonas aeruginosa, and fungal biofilms such as Candida albicans. In addition, BIAKS safety studies show that it is non-cytotoxic, non-irritating, and non-sensitizing to healthy skin and assists in the normal wound healing process.

8,852,648 Delivery of biologically-active agents using volatile, hydrophobic solvents

8,877,882 Non-self-adherent coating materials

BIAKOSâ„¢ Antimicrobial Skin & Wound Cleanser is a patented product that effectively disrupts extracellular polymeric substances to eradicate biofilm microbes. BIAKOS Antimicrobial Skin & Wound Cleanser also provides mechanical removal of debris, dirt, foreign materials, and microorganisms from wounds including stage I-IV pressure ulcers, diabetic foot ulcers, post-surgical wounds, first and second-degree burns as well as grafted and donor sites. BIAKOS Antimicrobial Skin & Wound Cleanser is effective in killing free-floating microbes, immature, and mature bacterial biofilms such as MRSA and Pseudomonas aeruginosa, and fungal biofilms such as Candida albicans. In addition, BIAKOS Antimicrobial Skin & Wound Cleanser safety studies show that it is non-cytotoxic, non-irritating, and non-sensitizing to healthy skin and assists in the normal wound healing process.

Channel of Trade with respect to products containing glycolic acid shall mean the mail order, multi level, and direct door-to-door markets and to products containing gluconolactone shall mean any market or channel of distribution.

Licensed Products shall include any cosmetic and/or dermatologic preparation covered by the Licensed Patent Rights (a) containing glycolic acid and/or its salts (1) for the treatment of human skin wrinkles and/or fine lines on the human skin; (2) the treatment of dry skin; (3) as a skin cleanser; (4) as a hair conditioner; (5) as a shampoo; or (b) cosmetic and dermatologic preparations containing glycolic acid and/or its salts, in combination with salicylic acid for the treatment of acne; or (c) cosmetic and dermatologic preparations containing glycolic acid and/or its salts in combination with two percent (2%) or less of hydroquinone for the treatment of pigmented spots on human skin; or (d) cosmetic and dermatological preparations containing gluconolactone for alleviating or improving the signs of dermatological aging of the human skin, including the reduction of human skin wrinkles.

Licensed Patent Rights shall mean, subject to the specific exclusions set forth  (as amended herein), and all divisions, continuations, continuations-in-part, reissues, reexaminations and extensions thereof (a) covering only cosmetic and dermatologic preparations containing glycolic acid and/or its salts for (1) the treatment of human skin wrinkles and/or fine lines on the human skin; (2) the treatment of dry skin; (3) as a skin cleanser; (4) as a hair conditioner; (5) as a shampoo; (b) covering only cosmetic and dermatologic preparations containing glycolic acid and/or its salts, in combination with salicylic acid for the treatment of acne; (c) covering only cosmetic and dermatologic preparations containing glycolic acid and/or its salts in combination with two percent (2%) or less of hydroquinone for the treatment of pigmented spots on human skin; and (d) covering only cosmetic and dermatological preparations containing gluconolactone for alleviating or improving the signs of dermatological aging of the human skin, including the reduction of human skin wrinkles.

The Companys affiliate conducts operations with an exclusive sublicense from the Licensors affiliate to distribute Licensees products into the wound care and surgical markets in the United States, Canada and Mexico.

CellerateRX® Gel is a hydrolyzed collagen wound dressing (approximately 65% type I collagen).

The Company’s business is developing, marketing, and distributing wound and skin care products to physicians, hospitals, clinics and post-acute care settings.

The Company’s business is developing, marketing, and distributing wound and skin care products to physicians, hospitals, clinics and post-acute care settings.