Royalty Report: Medical, Device, Drugs – Collection: 5805

License Grant

The United States District Court for the Eastern District of Pennsylvania approved a Stipulated Order and Settlement Agreement under which the Licensor and Licensee agreed to the settlement of the action. The Settlement Agreement provides Licensee with the exclusive right to use our patented technology and proprietary know how relating to adsorbent polymers for a period of 18 years.  Licensors hereby grants to Licensee and its Affiliates an exclusive license in, under and to all of Licensor's right, title and interest in the Licensee Patents and the Licensee Patent Applications, with the right to sublicense.

License Property

Licensor  believe that our polymer technology represents an effective therapeutic approach to severe health complications caused or complicated by middle molecular weight toxins and that current state of the art blood purification technology (such as dialysis) is incapable of effectively clearing these toxins.

Field of Use

Field of Use relates to the medical industry.

License Grant

The Company entered into a License Agreement with the Licensor, which provides the Company the exclusive right to use patented technology and proprietary know how relating to adsorbent polymers.

Field of Use

The Company, through its subsidiary, is engaged in the research, development and commercialization of medical devices with its platform blood purification technology incorporating a proprietary adsorbent polymer technology. The Company is focused on developing this technology for multiple applications in the medical field, specifically to provide improved blood purification for the treatment of acute and chronic health complications associated with blood toxicity.

License Grant

Licensor hereby irrevocably sells, assigns, and transfers to Bro-Tech an equal, undivided ownership interest for the United States and its territorial possessions and in all foreign countries to the inventions which are claimed in the MedaSorb Patents and to the inventions which are disclosed in the MedaSorb Patent Applications.

License Property

Competitive Product shall mean a product incorporating a hemocompatible porous polymer designed or formulated to be used in connection with blood, and intended to be used in the medical treatment of a patient involving the extra-corporeal perfusion of the blood of that patient to remove toxic compounds from the blood of the patient, which product has been approved or applied for use with the US Food and Drug Administration for a specified indication. Competitive Product shall exclude any product currently under development by Purolite with any Third Party. To Purolite’s knowledge, they are not currently developing any product with a third party intended for the medical treatment of a patient for sepsis or renal disease.

Products shall mean biocompatible porous polymer or polymer based or derived product used in direct contact with blood, including, without limitation, CytoSorbÔ and BetaSorbÔ, that are manufactured by or for MedaSorb, its licensees, and sublicensees for the use, application and/or treatment of medical conditions and/or use in such applications including, without limitation, sepsis, the prevention of post-operative complications of cardiac surgery, the harvesting of organs from brain-dead donors, homeland security and battlefield applications, renal disease and veterinary applications. For the avoidance of doubt, “Products” shall include the porous polymer or polymer based or derived product which, if sold as part of an integral or unified device, shall include only the device which incorporates or retains the polymer suitable for sale directly to end users or for incorporation into a larger device or kit.

MedaSorb Patent Applications shall mean the patent applications at issue in the Civil Action, namely U.S. Pat. App. Ser. No. 11/255,132; U.S. Pat. App. Ser. No. 11/105,140; U.S. Pat. App. Ser. No.10/981,055; U.S. Pat. App. Ser. No.10/980,510; U.S. Pat. App. Ser. No. 10/038,053.
MedaSorb Patents shall mean the patents at issue in the Civil Action, namely U.S. Patent No. 6,878,127; U.S. Patent No. 6,303,702; U.S. Patent No. 6,159,377; U.S. Patent No. 6,156,851; U.S. Patent No. 6,153,707; U.S. Patent No. 6,136,424; U.S. Patent No. 6,133,393; U.S. Patent No. 6,114,466; U.S. Patent No. 6,087,300; U.S. Patent No. 5,904,663; U.S. Patent No. 6,127,311; and U.S. Patent No. 5,773,384.

In 2003, Purolite filed a lawsuit against the Licensee asserting, among other things, co-ownership and co-inventorship of certain of our patents.
On September 1, 2006, the United States District Court for the Eastern District of Pennsylvania approved a Stipulated Order and Settlement Agreement under which we and Purolite agreed to the settlement of the action.

Field of Use

The rights granted apply to the medical industry.