Royalty Report: Diagnostic, Medical, Assay – Collection: 329693

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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

  • Diagnostic
  • Medical
  • Assay
  • Test/Monitoring
  • Cancer
  • Drugs
  • Disease
  • ribonucleic acid
  • Device
  • DNA
  • Therapeutic
  • Food
  • HIV / AIDs
  • Genome
  • Environmental Control
  • nucleic acid
  • Bacterial Infection
  • Tissue
  • Surgical
  • Molecular
  • Drug Discovery
  • Proteins

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: 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: 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: 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: 237217

License Grant
For the Grant of Research License, Licensor grants to French Licensee a non-exclusive, non-transferable license under the Licensed Patents, without the right to grant sublicenses except to its Affiliates, to conduct research activities,  in the Field in the Territory and, in connection therewith, to practice the Licensed Methods on the Potential Targets for the limited purpose of evaluating the possibility of selecting such Potential Targets as Targets and pursuing the commercial development of Licensed Products directed to such Targets.

For the Grant of Commercial License Option, Licensor grants the Commercial License Option.  The term Commercial License Option shall mean the non-exclusive, nontransferable option, exercisable only in accordance with the terms and conditions of this Agreement, granted to Licensee to exercise the license rights to commercialize Licensed Products.

For the Grant of Commercial License, Licensor grants a non-exclusive, non-transferable, license under the Licensed Patents, without the right to grant sublicenses except to Affiliates, to develop, have developed, to make, have made, use, offer for sale, sell, have sold, export or otherwise commercialize Licensed Products in the Field in the Territory solely under Licensees name and labels and, in connection with such Licensed Products, to practice the Licensed Methods.

License Property
Licensed Patents shall mean, collectively, the Hybrid Patents, RNA Patents and the Sequence Patents.  Licensor owns certain patents covering compositions, kits and processes for determining the presence or amount of nucleic acid derived from an organism or members of a group of target organisms.

Licensed Product shall mean Real Time NASBA Assays that may be developed by or for Licensee or its Affiliates for the detection or quantification of Targets in the Field and for operation solely on the Licensees Instrument.

Licensees Instrument shall mean the GeneXpert Instrument.  GeneXpert Instrument shall is the proprietary Licensee diagnostic system and related components, currently known as the GeneXpert System, which reads a fluorescence signal from reaction tubes utilizing· molecular beacons in specific assays.

NASBA shall mean Nucleic Acid Sequence Based Amplification, Licensees proprietary nucleic amplification method.

Field of Use
Field shall mean the field of clinical testing of human specimens for the purpose of diagnosis, prognosis or monitoring the progress of disease in the human from whom the specimens were taken and safety testing of finished food products for human consumption to detect the presence of harmful organisms, but excluding testing of food production processes and quality control methods in food production processes. For the avoidance of doubt, the Field specifically does not include (y) nucleic acid probe-based testing of human blood, plasma or other blood products intended for direct transfusion or administration to humans or (z) clinical diagnostic testing to measure the sensitivity of an organism to antimicrobial agents.

Potential targets.
Streptococcus pneumoniae**
2. Haemophilus influenzae
3. Escherichia coli
4. Mycoplasma pneumoniae**
5. Chlamydia pneumoniae**
6. Legionella spp**
7. Campylobacter
8. Staphylococcus
9. Neisseria meningitiidis
10. Candida spp*'
11. Aspergillus**
12 Mycobacterium Tubercu.losis**

IPSCIO Record ID: 211873

License Grant
For TMA Qual Assays for Existing Instruments, Licensor grants a worldwide, non-exclusive, non-transferable, right and license, with no right to grant any sublicense to any Third Party, to research, develop, make, have made, use, import, offer to sell and sell Licensed Products for Existing Instrumentation.

For TMA Qual Assays for Future Instruments, Licensor grants a worldwide, non-exclusive, non-transferable right and license, with no right to grant any sublicense to any Third Party,

For the Option to Extend License{s), Licensor grants an option to extend the period(s) of these license rights granted.

License Property
The property include instrumentation, assays and patents.

bDNA means the fundamental branched nucleic acid method of signal amplification of nucleic acids.

bDNA Nucleic Acid Assays means Nucleic Acid Assays with respect to which bDNA is the sole method of amplification.

Blood Screening means (i) the screening of blood, plasma or blood components intended for transfusion or for use in blood products (e.g., immunoglobulins), and (ii) the screening of any biological materials intended for transfusion or transplantation, in each case, from any donor, including autologous donors.

HCV means hepatitis C virus.
HIV means human immunodeficiency virus.

Field of Use
Licensed is for nucleic acid test (NAT) for the detection of human immunodeficiency virus type 1 (HIV-1) and hepatitis C virus (HCV) in donated blood.

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: 144892

License Grant
Licensor grants a non-exclusive, non-transferable license under Patent Rights to practice Licensed Methods in the Field within Licensors laboratories and to make, have made, use, and export Licensed Products solely for use byLicensee, in the practice of Licensed Methods in the Field. License grant shall not include the right to sell Licensed Product and/or Licensed Method to third parties.
License Property
Licensor owns certain patents covering compositions and processes for detecting ribosomal nucleic acid subsequences belonging to groups of non-viral organisms.

The patents refer to Methods for Detection. Identification and Quantification of NonViral Organisms.

Field of Use
The Field shall mean the performance of human, clinical diagnostic Assays and Assay Series using one or more nucleic acid probes, including peptide nucleic acid probes and probes with modified sugar or phosphate groups, which are designed to detect whether or not bacteria are present in a sample by hybridizing to one or more pan-bacterial regions of ribosomal nucleic acid, whether ribosomal RNA or ribosomal DNA, in order to determine the presence or amount of bacteria which may be present in a human sample. 'Field' shall not include Assays and Assay Series only to detect, quantitate or identify any group of organisms less than or different than that encompassing all bacteria.

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: 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: 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: 237259

License Grant
Licensor grants the Japanese Licensee, a non-exclusive, non-transferable license in the Territory under the Licensor Patent Rights to develop, make, have made, use, offer for sale, sell and have sold, Licensed Products in the Field, Future Licensed Products and to practice Licensed Methods in the Field.
License Property
The patents include Method for Detecting, Identifying and quantitating organisms and viruses, and, a Method for Determining  the sensitivity of Microorganisms, and, a Nucleic Acid Probe, and, Method for releasing RNA and DNA from Cells, and, Accelerated Nucleic Acid re-association method, and, Nucleic Acid Probes for Detection of non-viral organisms.

Licensor has developed proprietary technology relative to the performance of diagnostic assays based on genetic probe technology for the detection of agents causing infectious diseases, including viruses, and for the detection of cancer.

Licensor Patent Rights shall mean the Japanese patents, patent applications and international applications, to the extent they enter the national stage in Japan; all patents that have been issued or in the future issue, that are derived from or are related to, all patents to this Agreement, including without limitation utility model and design patents and certificates of invention.  

Licensed Product shall mean any already developed product or product in development as of the effective date of this agreement.  The products relate to DNA Probe – HBV Quantitative HBV, Infectious Disease , and Cancer.

Licensed Method shall mean any method, the use or practice of which would constitute, but for the license granted herein, an infringement of any issued Valid Claim within the Licensor Patent Rights.

Field of Use
Field shall mean the field of diagnostics, including but not limited to human, animal and environmental diagnostics and food testing and of investigational use only (IUO) applications.

The Field specifically does not include nucleic acid probe based testing of human blood, plasma or other blood products intended for direct transfusion or administration to humans. The Field also does not include nucleic acid probe based testing for infectious agents in blood in connection with organ transplants.  Excluded Assay Targets are Hepatitis Viruses, Herpes Viruses, HIV-1, HIV-2, HTLV-I, HTLV-11, MSRV,  and, HMMT-like Virus.

IPSCIO Record ID: 146089

License Grant
Licensor grants a nonexclusive immunity from suit under PCR Technology solely to perform Licensed Services.

Licensor grants to Licensee the right to credit the Licensor as the source of PCR Technology in Licensees promotional materials and any other materials intended for distribution.

License Property
PCR or polymerise chain reaction is a nucleic acid amplification process.

Licensed Services means the performance of an IN VITRO diagnostic procedure utilizing PCR Technology to detect the presence, absence or quantity of a nucleic acid sequence associated with a human disease or condition within the Licensed field.

The 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.

The licensed credit is 'This test is performed pursuant to a license agreement with Licensor.'

Field of Use
Licensor has expertise in validating, documenting and performing sophisticated diagnostic procedures.  The field is that of human IN VITRO diagnostics solely for the detection of genetic diseases, genetic predisposition to disease, agents associated with infectious diseases, cancer; and for tissue transplant typing, including testing performed on animal tissue intended for use in xenotransplantation; Parentage determination; disease management; and clinical trials.

IPSCIO Record ID: 329696

License Grant
Licensor of the United Kingdom grants a world-wide, exclusive sublicense under the University Patent Rights and a world-wide, exclusive license under the Licensor Patent Rights and Licensor Confidential Information to develop, use, manufacture, have manufactured, market and sell Licensed Products, and to practice the processes and procedures of such Patent Rights and Confidential Information.  The amendment further defines the licensed product.

Licensor shall disclose to Licensee all existing Chemiluminescence Technology which is necessary or in any way useful to enable Licensee to develop, use, manufacture, have manufactured, market and sell Licensed Products.  The Parties shall continue to negotiate in good faith a Development Agreement whereby Licensor shall assist Licensee in the development of Licensed Products.

License Property
Licensor has acquired the exclusive right and license to develop, manufacture, market and sell, either by itself or with such other parties as University and Licensor shall determine, clinical diagnosis kits and/or components thereof, and/or other related products, incorporating the University Technology covered by the University Patent Rights, with the right to grant sublicenses.

The licensed University technology consists of certain compounds, materials, processes, and procedures relating to the use of stable derivatives of aryl acridinium esters as labeling agents in chemiluminescent assays such that assay reagents may be labeled with such derivatives to very high densities, and such labeled assay reagents, following the triggering of a light emitting reaction, may be quantified or detected with high sensitivity by measuring or sensing the emitted light through simple photon counters.

Chemiluminescence Technology shall mean that body of knowledge inclusive of the Licensor Confidential Information and any and all knowledge now or hereafter disclosed in the University Patent Rights or Licensor Patent Rights.

Licensed Products shall mean products for the diagnosis, detection, prognosis or monitoring of infectious disease agents and the diagnosis, detection, prognosis or monitoring of oncogenes or various forms of cancer, which incorporate Licensor Confidential Information and/or subject matter within the scope of any valid claims of any patent in the University Patent Rights or the Licensor Patent Rights and utilize nucleic acid hybridization technology in such diagnosis, detection, prognosis or monitoring.

The patents relate to Luminescent Protein Labelling, Homogeneous Assay, Acridinium Label, and, Mass Photon Immunoassay.

The May 1989 amendment updates the Licensed Products to mean products for the diagnosis, detection, prognosis or monitoring of infectious disease agents, for the diagnosis, detection, prognosis or monitoring of oncogenes or various forms of cancer and for the detection or monitoring of levels of all bacteria as a screen for corrosion-causing microorganisms, through the use of probes to conserved sequences, in oilfield produced water and other specimens associated with the petroleum industry and use of petroleum products and for the detection or monitoring of two types of corrosion-causing microorganisms which have been isolated by British Petroleum (one of which is believed to be a member of the genus Desulfovibrio and the other of which is believed to be a member of the genus Desulfotomaculum, which incorporate Bioanalysis Confidential Information and/or subject matter within the scope of any valid claims of any patent in the University Patents Rights or the Licensor Patent Rights and utilize nucleic acid hybridization technology in such diagnosis, detection, prognosis or monitoring.

Field of Use
The field of use is nucleic acid hybridization technology, initially in the fields of infectious disease and oncogenes/cancer.

IPSCIO Record ID: 122373

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 perform licensed services within the United States and its possessions and the Commonwealth of Puerto Rico.
License Property
PCR technology shall mean polymerase chain reaction technology covered by United States Patent Nos. B2 4,683,195, B1 4,683,202 and 4,965,188 and any reissue or reexamination patents thereof. The performance of 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 within the licensed field.

It is understood by the parties that Licensor may, from time to time, come into possession or control of additional patents or claims of patents relating to PCR technology rights to which Licensor may decide to offer to add to the Diagnostic Services Agreement and which Licensee may desire to accept.

Additional Patents
U.S. Patent Number 5,008,182
U.S. Patent Number 5,176,995
U.S. Patent Number 5,219,727
U.S. Patent Number 5,110,920

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: 289170

License Grant
Licensor grants to the Swiss Licensee a worldwide, semi-exclusive license, without the right to sublicense, under the Licensor Licensed Patents to research, develop, make, have made, import, use, offer for sale and sell Licensor Licensed Products for use in the Field.

For the Licensor Transplantation Field License, Licensor grants a worldwide, non-exclusive license, without the right to sublicense, under  Licensoe Licensed Patents to research, develop, make, have made, import, use, offer for sale and sell Licensor Licensed Products for use in the Transplantation Field.

License Property
The patent rights relate to the human immunodeficiency virus (HIV).

Products means reagents, compositions or kits suitable for use in the Field or the Transplantation Field.

Field of Use
The Licensee intended application is for use in assays for the detection of nucleic acid sequences for use in in vitro diagnostics (excusing use in Blood Screening, but without limiting the effect of the Blood Screening Agreement.

Field means the commercial use of human in vitro diagnostic products that detect nucleic acid sequences of HIV. Expressly excluded from the Field are products in Blood Screening; and products specifically labeled or promoted for use in the Transplantation Field.

Transplantation Field means the commercial use of products that detect nucleic acid sequences for the screening of any biological materials intended for transfusion or transplantation, in each case from any donor, including autologous donors, other than the transfusion or transplantation of blood or its derivatives, components or replacements.

IPSCIO Record ID: 237263

License Grant
Licensor grants a non-exclusive, non-transferable license, without the right to sublicense, to Licensed Patents and Licensed Know-How to use the Instrument solely for the internal research and development activities.

Licensor grants a world-wide, non-exclusive, nontransferable license, without the right to sublicense, to make, use, sell, off er for sale and import Licensed Products for genotyping HAPâ„¢ Markers in all fields other than human and animal infectious diseases. Excluded from this grant is the right to make, sell, offer for sale or import the Licensors ProbeTecâ„¢ ET.

License Property
Licensed Know-How shall mean Licensors know-how related to Licensed Patents, the ProbeTecâ„¢ ET, and custom software for the ProbeTecâ„¢ ET. Licensed KnowHow shall also include, upon written request from Licensee, Licensors know-how necessary in the design and development of assays that utilize ProbeTecâ„¢ ET.

The patents include, but are not limited to, Nucleic Acid Target Generation,  Oligonucleotides for amplification and detection of hemochromatosis, and, Methods for detecting nucleic acid sequence variations.

Licensed Products shall mean any device, instrument, service, kit, composition of matter, material, product or component thereof that utilizes Licensed Know-How.

Instrument shall mean the Licensors ProbeTecâ„¢ ET installed in Licensees HAPâ„¢ Typing facility in New Haven, CT.

HAPâ„¢ Marker shall mean a polymorphism or any ordered combination of two or more polymorphisms present at a locus on a single chromosome that is contained in the Licensee HAPâ„¢ Database during the term of this Agreement or that is discovered from any gene where such discovery was made solely by employees of Licensee or others acting on behalf of Licensee, or, jointly by employees of Licensees or others acting on its behalf and employees of a HAPâ„¢ Partner or others acting on its behalf or for which a HAPâ„¢ Partner requests Licensee to develop genotyping assays or provide genotype data.

Licensor ProbeTecâ„¢ ET shall mean the clinical platform for infectious disease testing owned by Licensor using Strand Displacement Amplification Technology or SDA Technology and real time detection means.

LICENSED PATENTS

1. US Patent No. 5,270,184, entitled 'Nucleic Acid Target Generation'

2. US Patent No. 5,422,252, entitled 'Simultaneous Amplification of Multiple Targets'

3. US Patent No. 5,455,166, entitled 'Strand Displacement Amplification'

4. US Patent No. 5,536,649, entitled 'Decontamination of Nucleic Acid Amplification Reactions'

5. US Patent No. 5,547,861, entitled 'Detection of nucleic acid amplification'

6. US Patent No. 5,648,211, entitled 'Strand Displacement Amplifcation Using Thermophilic Enzymes'

7. US Patent No. 5,624,825, entitled 'Simultaneous Amplification of Multiple Targets'

8. US Patent No. 5,691,145, entitled 'Detection of nucleic acids using G-quartets'

9. US Patent No. 5,712,124, entitled 'Strand Displacement Amplification'

10. US Patent No. 5,736,365 entitled 'Multiplex nucleic acid amplification'

11. US Patent No. 5,744,311 entitled 'Strand displacement amplification using thermophilic enzymes'

12. US Patent No. 5,840,487, entitled 'Internal controls for isothermal nucleic acid amplification reactions'

13. US Patent No. 5,863,736, entitled 'Method, apparatus and computer program products for determining quantities of nucleic acid sequences in samples'

14. US Patent No. 5,888,739, entitled 'Detection of nucleic acids using G-quartets and Itetraplexes'

15. US Patent No. 5,916,779, entitled 'Strand displacement amplification of RNA
targets'

16. US Patent No. 5,919,630, entitled 'Detection of nucleic acids by fluorescence quenching'

17. US Patent No. 5,928,869, entitled 'Detection of nucleic acids by fluorescence quenching'

18. US Patent No. 5,935,791, entitled 'Detection of nucleic acids by fluorescence quenching'

Field of Use
Licensee creates personalized medicines through the integration of pharmacogenomics into drug development and marketing.  The fields of human and animal infectious diseases are excluded from this license.

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.

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: 203343

License Grant
The parties previously entered a Clinical Diagnostics Agreement and Blood Screening Agreement.

Pursuant to the settlement, the parties hereby irrevocably stipulate the Licensor Licensed Patents in the Territory are valid and enforceable; and, the making, use, offer for sale, sale, or importation of any Licensee Product in the Territory, where a Licensor Licensed Patent has issued and prior to the expiration of such Licensor Licensed Patent, would, in the absence of the licenses granted in the Agreements, as applicable, constitute infringement of one or more claims of such Licensor Licensed Patent.

Per the original agreement, the Parties entered a nonexclusive license in the Territory, without the right to sublicense, under the Licensor Licensed Patents to make, import, use, offer for sale and sell Licensor Licensed Products for use in Blood Screening solely for sale to or use by or on behalf of Existing Customers under the Existing Agreements and Existing Offers.

License Property
The Licensee Products means all assays sold by Licensee for the detection, quantitation, genotyping or other analyses of nucleic acid sequences Directed to HIV for use in in vitro diagnostics and/or Blood Screening, including without limitation the following products of Licensee Amplicor HIV-1 test, v. 1.0; Amplicor HIV-1 Monitor test, v. 1.0; Amplicor HIV-1 Monitor test, v. 1.5; COBAS Amplicor HIV-1 Monitor test, v. 1.5; Ampliscreen HIV-1 test, v. 1.5; and COBAS Ampliscreen HIV-1 test, v. 1.5; and all versions and successors and substitutes therefor.

Blood Screening means the commercial use of products that detect nucleic acid sequence(s) for the screening of blood, plasma or blood components intended for transfusion or for use in blood products (e.g., without limitation, immunoglobulins); or confirmatory or supplemental testing of the same samples otherwise screened for purposes described.

Directed to HIV means that the claim or technology in question is directed to methods, compositions, reagents or kits specifically for use in nucleic acid-based diagnostic assays for the detection of HIV nucleic acid sequence(s), or specifically for use in the manufacture of any compositions or reagents for use in, or manufacture of nucleic acid-based diagnostic assays for detection of HIV nucleic acid sequence(s) (excluding, for example, polymerase chain reaction claims and technology and other methods for detection of nucleic acid sequence(s) generally which involve nucleic acid amplification).

HIV means any viral isolate of the human immunodeficiency virus classified as HIV by the International Committee on the Taxonomy of Viruses (or any body that replaces such Committee) or any subtype of such isolate and further includes any isolate that is at least forty percent (40%) homologous to any such isolate and of the same genomic type and substantially the same genomic organization, any isolate that has a genome that either hybridizes to or is substantially identical to any such isolate or its compliment, and any defective or modified form of any of the above isolates.

''Patent' means U.S. Patent No. 6,531,276 Bl

Field of Use
This agreement is for the HIV Qualitative Assay field.

IPSCIO Record ID: 211942

License Grant
For the Grant of Research License,  Licensor grants the Licensee of the Netherlands, a non-exclusive, non-transferable license under the Licensed Patents, without the right to grant sublicenses except to its Affiliates, to conduct research activities, in the Field in the Territory on the Potential Targets for the limited purpose of evaluating the possibility of selecting such Potential Targets as Targets and pursuing the commercial development of Licensed Products directed to such Targets.

For the Grant of Commercial License Option, Licensor grants the Commercial License Option.

For the Grant of Commercial License, Licensor grants a non-exclusive, non-transferable license under the Licensed Patents, without the right to grant sublicenses except to Affiliates, to develop, have developed, to make, have made, use, offer for sale, sell, have sold, export or otherwise commercialize Licensed Products in the Field in the Territory solely under Licensee’s name and labels and, in connection with such Licensed Products, to practice the Licensed Methods.

License Property
Licensor owns certain patents covering compositions, kits and processes for determining the presence or amount of nucleic acid derived from an organism or members of a group of target organisms.

The Licensees Instrument is the Easy Q Instrument, the proprietary diagnostic system and related components, currently known as the NucliSens Easy Q System, which reads a fluorescence signal from reaction tubes utilizing molecular beacons in specific assays.

Licensed Patents shall mean, collectively, the Hybrid Patents, RNA Patents and the Sequence Patents.

Field of Use
The Field shall mean the field of clinical testing of human specimens for the purpose of diagnosis, prognosis or monitoring the progress of disease in the human from whom the specimens were taken and safety testing of finished food products for human consumption to detect the presence of harmful organisms, but excluding testing of food production processes and quality control methods in food production processes.
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