Royalty Report: Cancer, Diagnostic, Medical – Collection: 3603

License Grant

Licensee has resolved litigation concerning allegations relating to a 1998 licence agreement with licensor, an individual, for intellectual property involved in its cancer products. The company retains exclusive rights to the ColorectAlert, LungAlert and the breast cancer test technologies. Under the terms agreed, licensee has entered into an amendment of the existing licensing agreement relating to two existing US and Japanese patents for a technology that detects a carbohydrate marker associated with cancerous and precancerous conditions.

License Property

ColorectAlertâ„¢ is a novel test that identifies people at risk of colorectal cancer at the earliest stages of the disease. The test measures the amount of a cancer-associated carbohydrate, or sugar, in a sample of rectal mucus, which is taken by a physician during a routine digital rectal exam.  ColorectAlertâ„¢ requires a sample of rectal mucus to be taken by a doctor during a digital (gloved finger) rectal exam. This sample can be taken during a routine doctor visit. The sample is smeared onto a proprietary membrane and sent to a laboratory.  At the laboratory, the sample is treated with the enzyme galactose oxidase, then stained with Schiff’s reagent, which produces a color change. The treated sample is read with a color reader (spectrophotometer) to quantify the color change and determine the numeric ColorectAlertâ„¢ value.

LungAlert™ is a novel test that identifies patients at risk of lung cancer at the early stages of the disease. The test detects a cancer-associated sugar in a sample of sputum (phlegm), which is obtained in the doctor’s office by coughing into a cup. Currently, there is no screening test for lung cancer that has proven to save lives.

License Grant

The Licensor, an unrelated third party, relinquishing all of its exclusive Canadian and limited worldwide marketing rights for DR-70® in exchange for payment and royalties.

License Property

DR-70® test kit is used to assist in the detection of at least 13 different types of cancer, including lung (small and non-small cell); stomach; breast; rectal; colon and liver.

Field of Use

The Licensee is a cancer theranostics company, meaning it is involved in both the detection and treatment of the same disease. We develop, manufacture and offer for sale non-invasive diagnostic kits to hospitals, doctors, clinics, and laboratories, giving them the ability to detect certain types of cancer and H. pylori in their patients.

License Grant

Licensor hereby grants the Japanese Licensee the sole and exclusive worldwide license under the Licensed Patents to (a) make, have made, use, sell, offer to sell, lease or otherwise dispose of Licensed Products in the Field; (b) practice a Licensed Methods in the Field; and (c) sell products or parts for use in practicing a Licensed Methods in the Field.

License Property

United States Patents
5,858,683 – Methods and compositions for the detection of cervical cancer
6,027,905 – Methods for the detection of cervical cancer

Field of Use

Field shall mean the field of detecting and assessing cervical cancer including screening using a nonslide-based format, but specifically excludes detecting and assessing cervical cancer in a slide-based format.

License Grant

The Licensor grants grants the Licensee an exclusive, royalty-bearing, non-transferable , sublicensable license under the Licensed Patents and Technical Information,  relating to molecular diagnostics for lung cancer, solely to make, have made, use, sell, offer for sale, and import the Licensed Products in the Licensed Field in the Territory during the Term.

License Property

62/163,766 Methods and Compositions for Diagnosing or Detecting Lung Cancers – Patent rights and technical information and know-how relating to molecular diagnostics for lung cancer, including, but not limited to confirmatory, companion and recurrence diagnostics for any type of lung cancer with detection through whole blood, fractionated blood, plasma, serum and/or other biological samples.

Field of Use

The Licensee  will obtain a license under such patent rights, technical information and know-how to develop and commercialize products for the non invasive cancer diagnostic testing including for lung cancer.

License Grant

The Company grants an exclusive, worldwide, royalty-bearing License, with the right to subLicense, to make, have made, use, sell and import Licensed Products, which includes finished products used for the detection of the Company’s proprietary prostate cancer biomarkers in both urine and biopsied prostate tissue for differentiating clinically significant prostate cancer from other prostate conditions, and to use Patent Rights and Know-How covering the prostate cancer biomarkers.

License Property

Licensed Product(s) shall mean finished products consisting of one or more nucleic acid detection reagents for the assay of one or more Prostate Marker(s) for use in the Field, the manufacture, use, sale or importation of which, but for the rights granted herein, would infringe a Valid Claim within Patent Rights.

U.S.
7,117,188
Method of Identifying Patterns in Biological Systems and Uses Thereof

U.S.
12/025,724
Biomarkers Upregulated in Prostate Cancer

U.S.
12/242,264
Biomarkers Overexpressed in Prostate Cancer

U.S.
12/327,823
Methods for Screening, Predicting and Monitoring Prostate Cancer

U.S.
12/349,437
Methods for Screening, Predicting and Monitoring Prostate Cancer

Field of Use

Field shall mean the use of a molecular diagnostic assay using the Licensed Prostate Markers in in vitro diagnostics relating to prostate cancer, including the detection of the presence or risk of prostate cancer, or the selection of therapy, or in a Research Application related to prostate cancer.