[Confidential treatment has been requested for portions of this Exhibit. The
confidential portions have been redacted and are denoted [***]. The confidential
portions have been separately filed with the Commission.]
NON-EXCLUSIVE LICENSE AGREEMENT
THIS AGREEMENT, effective as of May 8, 1996, is between Enzon, Inc. a
corporation of the State of Delaware (ENZON) having its principal place of
business at 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000-0000 and Alexion
Pharmaceuticals, Inc., a corporation of the State of Delaware (LICENSEE) having
its principal place of business at 00 Xxxxxxx Xxxx, Xxxxx 000, Xxx Xxxxx,
Xxxxxxxxxxx 00000.
RECITALS
ENZON has conceived and reduced to practice certain inventions relating to
single-chain antigen binding molecules (as hereinafter further defined under SCA
DISCOVERIES);
LICENSEE has an interest in the non-exclusive development of said SCA
DISCOVERIES into commercially useful products and processes in the field of
complement protein C5-binding proteins (as hereinafter further defined under
FIELD);
ENZON has certain PATENT RIGHTS and RESEARCH INFORMATION pertaining to the
SCA DISCOVERIES; ENZON is interested in licensing said PATENT RIGHTS and
RESEARCH INFORMATION associated with SCA DISCOVERIES;
LICENSEE is interested in becoming a non-exclusive licensee and desires to
develop, manufacture, use, and sell products and processes in the FIELD related
to said SCA DISCOVERIES throughout the world; and
Both ENZON and LICENSEE recognize the possibility that said PATENT RIGHTS
may or may not cover products or processes to be commercialized;
NOW, THEREFORE, in consideration of the premises and of the performance of
the covenants herein contained, the parties agree as follows:
1. DEFINITIONS
1.1 The term "AFFILIATE" shall mean:
1.1.1 Any corporation owning or controlling, directly or indirectly,
at least fifty-one percent (51%) of the stock normally
entitled to vote for election of directors of a party and
1.1.2 Any corporation at least fifty-one percent (51%) of whose
stock normally entitled to vote for election of directors is
owned or controlled, directly or indirectly, by a party and
1.1.3 Any other business entity at least fifty-one percent (51%) of
the equity interest of which is owned or controlled, directly
or indirectly, by a party.
1.2 The term "EFFECTIVE DATE" shall mean the date first written above.
1.3 The term "FIELD" shall mean and be limited solely to [***].
1.4 The term "FIRST COMMERCIAL SALE" shall mean the first sale of any
PRODUCT by LICENSEE or its AFFILIATES.
1.5 The term "NET SALES" shall mean the gross sales for any quantity of
PRODUCT subject to royalty under this Agreement that is sold by LICENSEE or its
AFFILIATES or sublicensee to any third party, less discounts and allowances
actually given to customers and commissions paid to distributors and other sales
agencies not employees of LICENSEE or its AFFILIATES or sublicensee, that are
included in its gross sales. Except as set forth above, no deduction from the
gross sales shall be made for any item of cost incurred by the seller in its own
operations incident to the research and development, manufacture, sale, or
shipment of the PRODUCT sold. PRODUCT shall be considered sold when billed out
or invoiced.
1.6 The term "PATENT RIGHTS" shall mean any United States or foreign patent
applications or patents owned by ENZON or its AFFILIATES during the term of this
Agreement, or licensed or sublicensed to ENZON during the term of this Agreement
which ENZON is entitled to license or sublicense on a royalty-free bases to
others, containing one or more claims to SCA DISCOVERIES, any
continuation-in-part, division, or continuation application thereof, any patent
or the equivalent thereof granted thereon, and any reissue, reexamination, or
extension of any of these patent(s). Existing PATENT RIGHTS are listed in
Appendix I which shall be modified by ENZON from time-to-time so that it
accurately reflects those patent applications and patents owned by ENZON or its
AFFILIATES existing during the term of this Agreement relevant to the FIELD.
1.7 The term "PRODUCT(S)" shall mean an SCA PROTEIN or product
incorporating an SCA PROTEIN whose manufacture, composition, use or sale is
covered in whole or in part by PATENT RIGHTS or utilizes or incorporates
RESEARCH INFORMATION.
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1.8 The term "RESEARCH INFORMATION" shall mean only the specific items of
technical know-how or information relating to SCA DISCOVERIES that are owned by
ENZON or its AFFILIATES or in ENZON's or its AFFILIATES' possession on the
EFFECTIVE DATE and are expressly listed in attached Appendix II.
1.9 The term "SCA DISCOVERIES" shall mean any technology related to the
creation, development, manufacture or use of SCA PROTEIN; PROVIDED, HOWEVER,
that SCA DISCOVERIES shall not include any specific SCA PROTEIN, or any specific
variable region genetic sequence or specific transformed host coding for or
containing such variable region genetic sequence.
1.10 The term "SCA PROTEIN" shall mean a polypeptide having binding
affinity for an antigen, said polypeptide comprising:
(a) a first polypeptide comprising the binding portion of the variable
region of an antibody heavy or light chain;
(b) a second polypeptide comprising the binding portion of the variable
region of an antibody heavy or light chain; and
(c) at least one peptide linker linking said first and second polypeptides
(a) and (b) into a single chain polypeptide.
2 PATENT RIGHT(S)
2.1 Costs. All future patent costs pertaining to PATENT RIGHT(S) whether or
not such PATENT RIGHT(S) are pending on the EFFECTIVE DATE, including
preparation, filing, and prosecution of patent applications, issuance, taxation,
and maintenance costs, shall be borne by ENZON.
2.2 Control. All control over PATENT RIGHT(S) will be in ENZON, and all
PATENT RIGHT(S) will be filed and prosecuted by ENZON's attorneys.
3 LICENSE GRANTS TO LICENSEE
3.1 Non-Exclusive License. As of the EFFECTIVE DATE of this Agreement,
ENZON hereby grants to LICENSEE and its AFFILIATES a non-exclusive, worldwide
license in the FIELD under PATENT RIGHT(S) to make, use, and sell PRODUCTS. The
license includes the right to grant to the purchasers of PRODUCTS from LICENSEE
the right to use such PRODUCTS in the FIELD.
3.2 Ancillary License. As of the EFFECTIVE DATE of this Agreement and
ancillary to the grants under PATENT RIGHT(S) under Section 3.1, ENZON hereby
grants to LICENSEE and its AFFILIATES a non-exclusive right to use RESEARCH
INFORMATION in the FIELD.
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3.3 Sublicense. LICENSEE shall have the right to grant and authorize one
(1) sublicense under the PATENT RIGHT(S) and RESEARCH INFORMATION to make, use,
and sell PRODUCTS in the FIELD, but no such grant or authorization shall permit
further licensing by the sublicensee. Such sublicense shall have no terms that
are inconsistent with this Agreement. LICENSEE shall report to ENZON the
identity of the sublicensee within fifteen (15) days after execution of such
sublicense.
4 PAYMENT BY LICENSEE
4.1 License Fee. On the EFFECTIVE DATE of this Agreement, LICENSEE shall
pay ENZON a license fee in the sum of [***].
4.2 Milestone Payments. For each therapeutic PRODUCT, LICENSEE shall pay
ENZON the following sums at the indicated Milestones:
4.2.1 [***] at the time of filing of the first request for permission to
initiate a clinical trial of said PRODUCT;
4.2.2 [***] at the time of filing of the first request for permission to
market said PRODUCT;
4.2.3 [***] one year after the time of filing of the first request for
permission to market said PRODUCT;
4.2.4 [***] at the time of the first approval to market said PRODUCT;
4.2.5 [***] one year after the time of the first approval to market said
PRODUCT.
4.2.6 In the event that a Milestone is reached before the EFFECTIVE DATE,
LICENSEE shall pay ENZON the sum indicated above for such Milestone on the
EFFECTIVE DATE of this Agreement.
4.3 Royalties. LICENSEE shall pay to ENZON [***] royalty on NET SALES for
each PRODUCT sold by LICENSEE or its AFFILIATES or sublicensee and covered by
PATENT RIGHT(S). If LICENSEE must pay royalties to a third party on NET SALES of
PRODUCT in a country due to an issued patent of any third party, then the
royalty payable by LICENSEE to ENZON on NET SALES in such country shall be
reduced by the amount of the royalty payable by LICENSEE to such third party,
provided that the royalty rate payable by LICENSEE to ENZON shall not be reduced
below [***] of NET SALES.
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4.4 RESEARCH INFORMATION Royalties. In consideration of the right granted
LICENSEE in Section 3.2 above to use RESEARCH INFORMATION in the FIELD, LICENSEE
shall pay ENZON a [***] royalty on NET SALES of PRODUCTS not covered by PATENT
RIGHT(S) but made, used or sold using RESEARCH INFORMATION. LICENSEE's
obligation to pay royalties on such NET SALES shall terminate on the twelfth
anniversary of the FIRST COMMERCIAL SALE. No royalty shall accrue or be paid
under this Section 4.4 on the manufacture, sale, or use of any PRODUCT on which
a royalty is due and payable pursuant to Section 4.3.
4.5 Currency Conversion. Royalties and license fees due on sales made in
currency other than United States dollars shall first be calculated in the
foreign currency and then converted to United States dollars on the basis of the
closing buying rates quoted by the Wall Street Journal for the last business day
of the period for which royalties are due.
4.6 Currency Restrictions. If restrictions on the transfer of currency
exist in any country such as to prevent LICENSEE from making payments to ENZON
in the United States, LICENSEE shall take all reasonable steps to obtain a
waiver of such restrictions or otherwise to enable LICENSEE to make such
payments, failing which LICENSEE shall make the royalty payments due upon sales
in such country in local currency and deposit such payments in a local bank or
other depository designated by ENZON.
5 ACCOUNTING
5.1 Reports. LICENSEE shall report in writing to ENZON within thirty (30)
days after the end of each calendar quarter the quantities of PRODUCT subject to
license fees or royalties hereunder that were sold by LICENSEE and its
AFFILIATES and sublicensees during said quarter, and the calculation of the fees
and royalties thereon. With said report LICENSEE shall pay to ENZON the total
amount of said fees and royalties. If no PRODUCT subject to license fees or
royalties hereunder has been sold by LICENSEE or its AFFILIATES or sublicensee
during any given quarter, LICENSEE shall so report in writing to ENZON within
thirty (30) days after the end of such quarter. Reports, notices, license fee
and royalty payments, and other communications hereunder shall be sent to the
appropriate party at the following addresses:
For LICENSEE:
Xxxxx X. Xxxxxx
Executive Vice President and Chief Operating Officer
Alexion Pharmaceuticals, inc.
00 Xxxxxxx Xxxx, Xxxxx 000
Xxx Xxxxx, XX 00000
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For ENZON:
Xxxx X. Xxxxxx, Esq.
Vice President Business Development and General Counsel
ENZON, Inc.
00 Xxxxxxxxxxx Xxxx
Xxxxxxxxxx, XX 00000-0000
5.2 Records. LICENSEE shall keep, and require each AFFILIATE and
sublicensee to keep, adequate records in sufficient detail to enable the license
fees and royalties payable by LICENSEE hereunder to be determined, and permit,
and require each AFFILIATE and sublicensee to permit, said records to be
inspected at any time during regular business hours by an independent auditor
appointed by ENZON for this purpose, who shall report to ENZON only the amount
of the fees and royalties payable hereunder.
6 OPTIONS TO LICENSEE
6.1 Option to Develop SCA PROTEINS. ENZON hereby grants LICENSEE and its
AFFILIATES the option, at any time during the term of this Agreement, to request
from ENZON in writing that ENZON develop for LICENSEE or its AFFILIATES a
specific SCA PROTEIN. If ENZON, in its sole discretion, accepts the request,
then the parties will negotiate in good faith to determine the terms and
conditions of a Development Agreement.
6.2 Option to Manufacture SCA PROTEINS. ENZON hereby grants LICENSEE and
its AFFILIATES the option, at any time during the term of this Agreement, to
request from ENZON in writing that ENZON manufacture a specific SCA PROTEIN for
LICENSEE or its AFFILIATES under Good Manufacturing Practices. If ENZON, in its
sole discretion, accepts the request, then the parties will negotiate in good
faith to determine the terms and conditions of a Manufacturing Agreement.
7 INFRINGEMENT
7.1 No Warranty of Non-Infringement. Nothing in this Agreement shall be
construed as a warranty, assurance, or representation by ENZON or its AFFILIATES
that LICENSEE or its AFFILIATES or sublicensee can make, use, or sell PRODUCT
free of any proprietary rights, including third party patent rights, other than
those specifically granted in this Agreement.
7.2 Infringement by LICENSEE. If LICENSEE or its AFFILIATE(S) or
sublicensee is sued for infringement by reason of making, using, or selling
PRODUCT, LICENSEE shall notify ENZON in writing of the suit and defend such suit
at LICENSEE's or its AFFILIATE's or sublicensee's own expense. ENZON shall have
the right to provide advice and assistance in any such litigation at
-6-
its expense, unless such advice and assistance are requested by LICENSEE or its
AFFILIATE or sublicensee, in which case it shall be at LICENSEE's expense. In
the event ENZON is joined in such litigation, ENZON shall have the right to
defend itself with counsel of its choice at its expense.
7.3 Infringement by Third Party.
(a) LICENSEE shall notify ENZON of any infringement by a third
party of any PATENT RIGHTS or misappropriation by a third
party of RESEARCH INFORMATION and shall provide ENZON with the
available evidence, if any, of such infringement or
misappropriation.
(b) ENZON shall have the exclusive right and sole discretion
during the term of this Agreement to effect termination of
such infringement, including bringing suit or other
proceedings against the infringer in its own name and LICENSEE
shall be kept informed at all times of all such proceedings
taken by ENZON. If ENZON requests, LICENSEE may, at LICENSEE's
discretion, join with ENZON as a party to the lawsuit or other
proceeding at ENZON's expense; however, ENZON shall retain
control of the prosecution of such suit or proceedings, as the
case may be.
(c) ENZON shall bear all its costs incurred in connection with
such lawsuit or other proceeding, and consequently shall be
entitled to collect and retain for its own account any damages
or profits as may be accrued as a result of such lawsuit or
other proceeding.
(d) Nothing in this Agreement shall be construed as obligating
ENZON, or giving LICENSEE the right, to proceed against a
third party infringer or misappropriator.
8 CONFIDENTIALITY, NON-USE AND PUBLICATIONS
8.1 ENZON's Rights. Nothing in this Agreement shall be construed to
prohibit or limit in any manner the right of ENZON or its AFFILIATES to disclose
RESEARCH INFORMATION or grant any license for PATENT RIGHTS and/or RESEARCH
INFORMATION to any party. ENZON may issue public announcements or press releases
relating to the existence and/or subject matter of this Agreement and to the
identity of LICENSEE or its AFFILIATES. However, ENZON shall not disclose in
such announcements or releases the FIELD or the financial terms of this
Agreement, except as required by law or government regulation.
-7-
8.2 LICENSEE's Rights. LICENSEE may issue public announcements or press
releases relating to the existence of this Agreement and to the identity of
ENZON as licensor. However, LICENSEE shall not include in such announcements or
releases any mention or indication, explicitly or implicitly, that ENZON
endorses the manufacture, use, or sale of any PRODUCT.
8.3 LICENSEE's Obligations. LICENSEE shall hold all information and
proprietary materials received hereunder from ENZON (hereinafter "CONFIDENTIAL
INFORMATION") in strictest confidence and shall not use such CONFIDENTIAL
INFORMATION for any purpose other than under this Agreement, nor for any product
other than PRODUCT, nor outside of the FIELD. CONFIDENTIAL INFORMATION shall not
be disclosed to any persons other than (i) employees or agents of LICENSEE or
independent contractors employed by LICENSEE who have reasonable need for access
to such information in connection with this Agreement and who are bound to
LICENSEE by a written agreement of confidentiality containing terms consistent
with those contained in this paragraph, and (ii) governmental authorities, as
required, to obtain necessary regulatory clearances. LICENSEE shall keep any
CONFIDENTIAL INFORMATION disclosed to LICENSEE by ENZON confidential during the
term of this Agreement and for five (5) years following the termination of this
Agreement for any reason; PROVIDED, HOWEVER, that ENZON may at any time agree in
writing to a waiver of such requirement. Nothing in this Agreement shall prevent
LICENSEE from making any disclosure of CONFIDENTIAL INFORMATION required by law;
PROVIDED, HOWEVER, in the event LICENSEE is so required, LICENSEE shall provide
ENZON with prompt notice so that ENZON may seek a protective order or other
appropriate remedy and/or waive compliance with the provisions of this
Agreement. In any event, LICENSEE shall furnish only that portion of the
CONFIDENTIAL INFORMATION which is legally required in the opinion of LICENSEE's
counsel.
Notwithstanding the above, nothing in this Agreement shall in any way
restrict the right of LICENSEE to use or disclose information that:
(a) at the time of disclosure by ENZON to LICENSEE had been published or
publicly known; or
(b) is published, becomes publicly known, or otherwise becomes part of the
public domain after disclosure by ENZON to LICENSEE through no fault
of LICENSEE; or
(c) was known to LICENSEE prior to the time of disclosure by ENZON, as
demonstrated by written records.
The obligation of this Section 8.3 shall apply equally to LICENSEE and its
AFFILIATES and sublicensee.
-8-
9 INDEMNIFICATION
LICENSEE shall defend, indemnify, and hold ENZON and its AFFILIATES
harmless from and against any and all claims, suits, and expenses, including
reasonable attorney fees and expenses arising out of or based upon the
manufacture, use, or sale or other distribution of PRODUCTS by LICENSEE or its
AFFILIATES or sublicensee or persons purchasing PRODUCTS from them.
10 TERM AND TERMINATION
10.1 Default. If either party shall fail to perform any of its obligations
under this Agreement, the nondefaulting party may give written notice of the
default to the defaulting party. Unless such default is corrected within sixty
(60) days after receipt of such notice, the notifying party may thereafter
terminate this Agreement upon thirty (30) days prior written notice.
10.2 Term. Unless otherwise terminated as provided for in this Agreement,
this Agreement will continue on a country-by-country basis until the expiration
of the last to expire PATENT RIGHT or, if no PRODUCT, its manufacture, or use is
covered by PATENT RIGHT(S), until the expiration of the period for which royalty
payments are required pursuant to Section 4.4.
10.3 Survivability. Sections 7, 8 and 9 shall survive the expiration or
termination of this Agreement.
11 MISCELLANEOUS
11.1 DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED
HEREIN, ENZON EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR OF NON-INFRINGEMENT.
11.2 Integration. This Agreement constitutes the entire understanding
between the parties with respect to the subject matter hereof, and supersedes
and replaces all prior agreements, understandings, writings, and discussions
between the parties relating to said subject matter.
11.3 Amendments. This Agreement may be amended only by a written instrument
executed by the parties.
11.4 Waiver. The failure of either party at any time or times to require
performance of any provision hereof shall in no manner affect its rights at a
later time to enforce the same. No waiver by either party of any condition or
term in any one or more instances shall be construed as a further or continuing
waiver of such condition or term or any other condition or term.
-9-
11.5 Successors. This Agreement shall be binding upon and inure to the
benefit of and be enforceable by the parties hereto and their respective
successors and permitted assigns.
11.6 Assignability. This Agreement shall not be assignable by either party
without the other party's written consent, except for ENZON's right to receive
fees and royalties payable hereunder. Either party, however, shall have the
right to transfer this Agreement to any successor of its entire business or
substantially all of its assets in the line of business related to the Agreement
without the consent of the other party. Such transferee may transfer this
Agreement back to the transferor party without the prior written consent of the
other party.
11.7 Notices. Any notice and payment of fees or royalties required or
permitted to be given hereunder shall be deemed sufficient if mailed by
overnight service providing evidence of delivery or by registered or certified
mail (return receipt requested), or delivered by hand to the party to whom such
notice is required at the address set forth in Section 5.1 hereof. Any notice
required or permitted to be given hereunder shall be considered given upon the
earlier of: (i) when actually received at the address set forth in Section 5.1;
or (ii) two business days after such notice is properly mailed in accordance
with this Section 11.7.
11.8 Validity of Provisions. If any provision(s) of this Agreement are or
become invalid, are ruled illegal by any court of competent jurisdiction or are
deemed unenforceable under then current applicable law from time to time in
effect during the term hereof, it is the intention of the parties that the
remainder of this Agreement shall not be affected thereby. It is further the
intention of the parties that in lieu of each such invalid, illegal, or
unenforceable provision, there shall be substituted or added as part of this
Agreement a provision that shall be as similar as possible in economic and
business objectives to such invalid, illegal, or unenforceable provision as was
originally intended by the parties, but that shall be valid, legal, and
enforceable.
11.9 Titles. All titles and subtitles used in this Agreement are for
purposes of illustration or organization and are not legally binding on the
Parties.
11.10 Relationship of the Parties. Nothing in this Agreement is intended or
shall be deemed to constitute a partnership, agency, employer-employee, or joint
venture relationship between the Parties, and neither party is authorized or
empowered to act as agent for the other for any purpose or to make any
statement, contract, warranty, representation or commitment on behalf of the
other.
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11.11 Further Acts and Instruments. Each party hereto agrees to execute,
acknowledge, and deliver such further instruments and to do all such other acts
as may be necessary or appropriate to effect the purpose and intent of this
Agreement.
11.12 Export Restrictions. This Agreement, and any products or technical
data supplied during the term of this Agreement, are made subject to any
restrictions concerning the export of products or technical data from the United
States of America that may be imposed upon ENZON or LICENSEE or their respective
AFFILIATES from time to time by the Government of the United States of America.
Furthermore, LICENSEE and its AFFILIATES agree that at no time, either during
the term of this Agreement or thereafter, will they export, directly or
indirectly, any United States source products or technical data acquired from
ENZON or its AFFILIATES under this Agreement or any direct products of that
technical data to any country for which the U.S. Government or any agency
thereof at the time of export requires an export license or other governmental
approval, without first obtaining that license or approval when required by
applicable United States law.
11.13 Choice of Law. This Agreement shall be governed by and construed and
interpreted in accordance with the laws of the State of Delaware.
The parties have duly executed this Agreement as of the date first above
written.
Enzon, Inc. LICENSEE
By:_______________________ By:_________________________
Title:____________________ Title:______________________
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APPENDIX I
Constituting part of Section 1.6 of the Non-Exclusive License Agreement
dated May 8, 1996, between LICENSEE and Enzon, Inc.
PATENT RIGHTS
DATE DATE
TITLE INVENTOR COUNTRY FILED SERIAL NO. PATENT NO. ISSUED
----- -------- ------- ----- ---------- ---------- ------
[***] [***] US [***] [***] Abandoned [***]
US Abandoned
PCT
EPO
Austria
Belgium
France
Germany
Italy
Luxembourg
Netherlands
Sweden
Switzerland
U. Kingdom
Canada
Japan
US
US
US
US
US
US
PCT
EPO Abandoned
US Abandoned
US
US
PCT
EPO
France
Germany
U. Kingdom
US Abandoned
US Abandoned
US Abandoned
US
-12-
DATE DATE
TITLE INVENTOR COUNTRY FILED SERIAL NO. PATENT NO. ISSUED
----- -------- ------- ----- ---------- ---------- ------
[***] [***] US [***] [***] Abandoned [***]
Canada
Japan
US
CA
US Abandoned
PCT
US
US
US
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APPENDIX II
Constituting part of Section 1.8 of the Non-Exclusive License Agreement
dated May 8, 1996, between LICENSEE and Enzon, Inc.
RESEARCH INFORMATION
[***]
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APPENDIX III
Constituting part of Section 1.3 of the Non-Exclusive License Agreement
dated May 8, 1996, between LICENSEE and Enzon, Inc.
EXCLUDED AREAS
The following areas are specifically excluded from the FIELD:
1. Making, having made, using, or selling SCA PROTEIN for Radioimmunoguided
Surgery[TM] (RIGS[R]), in which a radiolabelled SCA PROTEIN is administered to a
cancer patient; time elapses for preferential concentration of the
radiolabelled SCA PROTEIN in neoplastic tissue and decrease of background
radioactivity in the patent; and such preferentially concentrated
radiolabelled SCA PROTEIN is detected within a surgical operative field by a
detector probe placed in juxtaposition with tissue suspected of containing said
radiolabelled SCA PROTEIN.
2. Making, having made, using, or selling diagnostics based on erbB-2 SCA
PROTEINS and therapeutics based on erbB-2 SCA PROTEINS covalently linked to
Pseudomonas exotoxin or derivatives or fragments thereof.
3. Making, having made, or selling reagents and kits in the research market for
production and cloning of genes encoding SCA PROTEIN(s) and their fusions in a
filamentous bacteriophage-derived vector system, and for expression and
screening of SCA PROTEINS fused with the minor coat protein or attachment or
absorption protein of filamentous bacteriophage.
4. Making, having made, using, or selling SCA PROTEINS that are, or have been
modified by reaction with poly (alkylene glycols).
5. Making, having made, using, or selling SCA PROTEINS fused with, or for the
assay or purification of, Tumor Necrosis Factor-alpha (TNF) or Lympotoxin.
6. Making, having made, using or selling SCA PROTEINS that bind to the Xxxxx-Y
antigen or compete with monoclonal antibody BR96 for binding to antigen.
