Common use of Subject IP Clause in Contracts

Subject IP. The following Intellectual Property Rights shall constitute Subject IP and therefore be licensed to BGM on the terms set forth in the Product License Agreement and in this Licensing Addendum: a. all rights of any nature in and to patent application no. EP 06009314.3 with a priority date of May 5, 2006, entitled “peptides for use in diagnosing the presence of ruptured atherosclerotic lesions in an individual” and all related patents and patent applications (including, but not limited to, international application PCT/EP 2006.949 EP/PD (pub. no.) and any and all other foreign applications, divisional applications, continuations, continuations in part, revisions, re-examinations and reissues anywhere in the world) that in full or in part can claim priority of said patent application (“ACSB Pre-Existing IP”). To the extent ACSB does not possess the right to grant the License described in this Licensing Addendum as of the date hereof, such License shall become effective, and shall be deemed granted by ACSB, immediately upon ACSB’s acquisition of such right. b. all rights of ACSB in any Intellectual Property developed by either Party under the Implementation Plan (as defined below), including without limitation (i) all clinical, drug discovery, research, investigatory, or other methods, uses or applications and (ii) all Intellectual Property Rights throughout the world in any of the foregoing, including without limitation patents, the right to apply for patents and trade secret or equivalent rights (“Jointly Developed IP”). For the avoidance of doubt, all rights of BGM in any Jointly Developed IP shall remain the sole and exclusive property of BGM, and ACSB shall not have any license or other rights thereto.

Subject IP. The following Intellectual Property Rights shall constitute Subject IP and therefore be licensed to BGM on the terms set forth in the Product License Agreement and in this Licensing Addendum: a. all rights of any nature in and to patent application no. EP 06009314.3 030078161 with a priority date of May 5, 20069 October 2003, entitled “peptides Method for use in diagnosing identifying a subject at risk of developing heart failure by determining the presence level of ruptured atherosclerotic lesions in an individualGalactin-3 or Thrombospondin-2,” and all related patents and patent applications (including, but not limited to, international application PCT/EP 2006.949 EP/PD EP2004/010879 (pub. no.. WO2005/04081) and any and all other foreign applications, divisional applications, continuations, continuations in part, revisions, re-examinations and reissues anywhere in the world) that in full or in part can claim priority of said patent application (“ACSB Pre-Existing IP”). To the extent ACSB does not possess the right to grant the License described in this Licensing Addendum as of the date hereof, such License shall become effective, and shall be deemed granted by ACSB, immediately upon ACSB’s acquisition of such right. b. all rights of ACSB in any Intellectual Property developed by either Party under the Implementation Plan (as defined below), including without limitation (i) all clinical, drug discovery, research, investigatory, or other methods, uses or applications and (ii) all Intellectual Property Rights throughout the world in any of the foregoing, including without limitation patents, the right to apply for patents and trade secret or equivalent rights (“Jointly Developed IP”). For the avoidance of doubt, all rights of BGM in any Jointly Developed IP shall remain the sole and exclusive property of BGM, and ACSB shall not have any license or other rights thereto.

Subject IP. The following Intellectual Property Rights shall constitute Subject IP and therefore be licensed to BGM on the terms set forth in the Product License Agreement and in this Licensing Addendum: a. all rights of any nature in and to patent application no. EP 06009314.3 030078161 with a priority date of May 5, 20069 October 2003, entitled “peptides Method for use in diagnosing identifying a subject at risk of developing heart failure by determining the presence level of ruptured atherosclerotic lesions in an individualGalactin-3 or Thrombospondin-2,” and all related patents and patent applications (including, but not limited to, international application PCT/EP 2006.949 EP/PD EP2004/010879 (pub. no.. W02005/04081) and any and all other foreign applications, divisional applications, continuations, continuations in part, revisions, re-examinations and reissues anywhere in the world) that in full or in part can claim priority of said patent application (“ACSB Pre-Existing IP”). To the extent ACSB does not possess the right to grant the License described in this Licensing Addendum as of the date hereof, such License shall become effective, and shall be deemed granted by ACSB, immediately upon ACSB’s acquisition of such right. b. all rights of ACSB in any Intellectual Property developed by either Party under the Implementation Plan (as defined below), including without limitation (i) all clinical, drug discovery, research, investigatory, or other methods, uses or applications and (ii) all Intellectual Property Rights throughout the world in any of the foregoing, including without limitation patents, the right to apply for patents and trade secret or equivalent rights (“Jointly Developed IP”). For the avoidance of doubt, all rights of BGM in any Jointly Developed IP shall remain the sole and exclusive property of BGM, and ACSB shall not have any license or other rights thereto.

Subject IP. The following Intellectual Property Rights shall constitute Subject IP and therefore be licensed to BGM on the terms tenns set forth in the Product License Agreement and in this Licensing Addendum: a. all rights of any nature in and to patent application no. EP 06009314.3 with a priority date of May 5, 2006, entitled “peptides for use in diagnosing the presence of ruptured atherosclerotic lesions in an individual” and all related patents and patent applications (including, but not limited to, international application PCT/EP 2006.949 EP/PD (pub. no.) and any and all other foreign applications, divisional applications, continuations, continuations in part, revisions, re-examinations and reissues anywhere in the world) that in full or in part can claim priority of said patent application (“ACSB Pre-Existing IP”). To the extent ACSB does not possess the right to grant the License described in this Licensing Addendum as of the date hereof, such License shall become effective, and shall be deemed granted by ACSB, immediately upon ACSB’s acquisition of such right. b. all rights of ACSB in any Intellectual Property developed by either Party under the Implementation Plan (as defined below), including without limitation (i) all clinical, drug discovery, research, investigatory, or other methods, uses or applications and (ii) all Intellectual Property Rights throughout the world in any of the foregoing, including without limitation patents, the right to apply for patents and trade secret or equivalent rights (“Jointly Developed IP”). For the avoidance of doubt, all rights of BGM in any Jointly Developed IP shall remain the sole and exclusive property of BGM, and ACSB shall not have any license or other rights thereto.