Confidential Treatment Requested by Celera Corporation* HIGHLY CONFIDENTIAL EXECUTION VERSION REAL-TIME INSTRUMENT PATENT LICENSE AGREEMENT
Exhibit 10.23
* Confidential Treatment Requested by Celera Corporation*
HIGHLY CONFIDENTIAL
EXECUTION VERSION
REAL-TIME INSTRUMENT PATENT LICENSE AGREEMENT
This REAL-TIME INSTRUMENT PATENT LICENSE AGREEMENT (the “Agreement”) is entered into and made effective as of the 25th of April, 2006 (the “Effective Date”) by and among XXXXXXX XXXXXXX, INC., a Delaware corporation with its principal offices located at 0000 Xxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000 (the “Licensee”), and APPLERA CORPORATION, a Delaware Corporation, through its APPLIED BIOSYSTEMS group located at 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxxx Xxxx, Xxxxxxxxxx 00000, and its CELERA GENOMICS group, located at 00 Xxxx Xxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx 00000 (“Licensor”). Each of the parties to this Agreement shall be referred to individually as a “Party” and collectively as the “Parties”.
WHEREAS, Licensee initiated a civil action in the United States District Court for the Central District of California against Applera Corporation on July 2, 2002, entitled Xxxxxxx Xxxxxxx, Inc. v. Applera Corporation, SA CV 02-624 MRP (AN) (the “Patent Lawsuit”), in which Licensee alleged infringement of certain patents owned by Licensee;
WHEREAS, Applera Corporation (“Applera”) initiated a civil action in the Superior Court of California for the County of San Francisco against Licensee on February 7, 2005, entitled Applera Corporation x. Xxxxxxx Xxxxxxx, Inc., Case No. 05-438449 (collectively with the Patent Lawsuit, the “Lawsuits”) in which Applera alleged that, contrary to Licensee’s obligations under a November 6, 1996 sublicense agreement between The Xxxxxx-Xxxxx Corporation and Xxxxxxx Instruments, Inc. (the “Sublicense Agreement”), Licensee failed to remit certain monies owed to Applera under the Sublicense Agreement;
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For the purpose of this Agreement the terms set forth hereinafter shall be defined as follows:
1.1 “Affiliate” shall mean, with respect to a Party, any corporation or other entity that is directly or indirectly controlled by, under common control with, or that controls such Party. For the avoidance of doubt, any such corporation or other entity shall cease to be an “Affiliate” of such Party under this Agreement when such corporation or other entity is no longer directly or indirectly controlled by, under common control with, or controlling such Party. For purposes of this definition, “controls,” “control” and “controlling” mean the direct or indirect ownership or control (whether through contract or otherwise) of more than fifty percent (50%) of the stock or shares entitled to vote for the election of directors in the case of corporate entities and in the case of non-corporate entities, more than fifty percent (50%) of the equity interest with the power to direct management policies; provided that, if local law restricts the maximum ownership interest of foreign interests to less than fifty percent (50%), control will be established by direct or indirect beneficial ownership of one hundred percent (100%) of the maximum ownership percentage that may be owned by foreign interests under such local law.
1.2 “Algorithm and Heated Cover Patent Rights” shall mean (a) Valid Claims of U.S. Patent Nos. 5,475,610 and 6,703,236, and Valid Claims of U.S. Patent Application Publication No. U.S. 2004/0248146 A2, and (b) any Valid Claims in foreign patents and patent applications that claim priority from any of the applications for patent that resulted in U.S. Patent No. 5,475,610, or U.S. Patent No. 6,703,236, and U.S. Patent Application Publication No. U.S. 2004/0248146 A2.
1.3 “Amplification System Patent Rights” shall mean (a) Valid Claims of U.S. Patent No. 5,656,493 and (b) any Valid Claims in any foreign patent or patent application that claim priority from any of the applications for patent that resulted in U.S. Patent No. 5,656,493.
1.4 “Applied Markets” shall mean (a) quality assurance and quality control, including, without limitation, conformance with specifications, purity and batch to batch consistency; (b) testing and monitoring of environmental and food samples; (c) identity
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testing (including, without limitation, for humans, animals, plants, organisms, microbes or their remains); (d) epidemiology; and (e) biosecurity.
1.5 “Automated Method Patent Rights” shall mean automated method Valid Claims in Licensor’s patents and patent applications outside the U.S. that claim priority from U.S. Application Serial No. 899,061.
1.6 “Covenanted Patents” shall mean (a) Valid Claims of U.S. Patent Nos. [***] and [***], (b) any Valid Claims in any foreign patent or patent application thereof that claim priority from any of the applications for patent that resulted in U.S. Patent No. [***] or [***], and (c) any continuations, continuations-in-part (but only to the extent of any claims therein that claim priority from any of the foregoing in parts (a) and (b) above), divisionals, reissues, re-examinations, extensions, provisionals, substitutes or renewals of any of the foregoing in parts (a) and (b) above, but only to the extent any of the foregoing claims any instrument, process or system, and all patents issuing from any of the foregoing in this part (c).
1.7 [INTENTIONALLY LEFT BLANK]
1.8 “Exploit” shall mean make, use, sell, offer to sell, import, export, practice any method and the exercise of all other activities with regards to which relief for infringement of patent rights may be obtained under Title 35 of the United States Code and foreign equivalents thereto (as the foregoing may be amended or superseded from time to time), except that Exploit shall not include any “have made” activities (except by Licensor or Licensee’s Affiliates). “Exploited,” “Exploitation” and other variants or variations of the word “Exploit” shall have correlative meanings.
1.9 “Licensed Field” shall mean Licensed Products and processes for the use thereof, that are neither sold nor used in the Applied Markets that:
(A) (i) when sold or used in the United States, are designed, developed and manufactured in accordance with the Quality Systems Regulations (as promulgated by the United States Food and Drug Administration, and set forth in the Code of Federal Regulations (“CFR”) at 21 CFR Part 820, and as may be amended from time to time) or (ii) when sold or used in Europe, are designed, developed and manufactured in accordance with the ISO 13485 standard (as promulgated by the International Organization for Standardization, and as may be amended from time to time) or are certified to be compliant with European Directives on in vitro diagnostic medical devices (IVD-D), or (iii) when sold or used in other jurisdictions, satisfy the applicable regulatory requirements relating to in vitro human diagnostic products;
(B) are designed, configured, promoted and intended for use with a menu of Licensee-provided diagnostic kits that are approved, compliant or are otherwise cleared by the appropriate regulatory authority in each jurisdiction where the instrument is used or sold; and
(C) in the U.S., may also be used for Licensee-provided Analyte Specific Reagents, as such term is defined pursuant to 21 CFR 809 and 21 CFR 864.4020.
1.10 “Licensed Patents” shall mean: (a) the Algorithm and Heated Cover Patent Rights, the Amplification System Patent Rights, the Automated Method Patent Rights, the Real-Time Apparatus Patent Rights and the Thermal Cycling Instrument Patent Rights; (b) any
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continuations, continuations-in-part (but only to the extent of any claims entitled to claim priority from any of the applications that resulted in the patents in the foregoing in part (a) above), divisionals, reissues, re-examinations, extensions, provisionals, substitutes or renewals of any of the foregoing in part (a) above, but only to the extent any of the foregoing claims any instrument, process or system, and all patents issuing from any of the foregoing in this part (b); and (c) [***]. No other patents or patent applications are included within the definition of Licensed Patents. Notwithstanding anything herein to the contrary, a non-exhaustive list of patents that are excluded from the Licensed Patents are the patents set forth on Exhibit I attached hereto and also excluded from the Licensed Patents are, with the exception of the Real-Time Apparatus Patent Rights, U.S. Patent Nos. 5,475,610, 6,703,236, 5,656,493, 5,038,852, and 5,33,675, any patents and patent applications claiming priority from the patents on Exhibit I or having common priority claims as the patents on Exhibit I. “Licensed Patents” do not include rights under any other patent or patent application, and expressly exclude, by way of example only, patents and patent applications that cover real-time methods or cover reagents, kits, mixtures or systems that are capable of use with Licensed Real-Time Thermal Cyclers.
1.11 “Licensed Product” shall mean a Licensed Real-Time Thermal Cycler, including any components, replacement parts, upgrades, computer software or hardware for or in the foregoing, the Exploitation of which would, but for the rights granted under this Agreement, infringe at least one Valid Claim of the Real-Time Apparatus Patent Rights.
1.12 [INTENTIONALLY LEFT BLANK].
1.13 “Licensed Real-Time Thermal Cycler” shall mean a Real-Time Thermal Cycler the Exploitation of which would, but for the license granted herein, infringe at least one Valid Claim of the Real-Time Apparatus Patent Rights. A Licensed Real-Time Thermal Cycler is a complete instrument, including, for instance, a computer and basic software used for controlling the instrument and collecting data.
1.14 “Net Sales Price” shall mean (a) in the case of an arm’s-length transaction to an unrelated Third Party end user not enjoying any special course of dealing with Licensee or its Affiliates, wherein the end user Third Party is not providing any nonmonetary consideration and the gross invoice price for a Licensed Product that is subject to royalty obligation under Article 3 herein is not affected by any other purchase of goods or services or any license of intellectual property (other than the end user rights conveyed pursuant to Article 2 of this Agreement): the gross invoice price for such sale of such Licensed Product (together with any associated warranty coverage sold) to an end user Third Party by Licensee or its Affiliates of such Licensed Product, minus the following deductions where applicable: (i) discounts allowed and taken, in amounts customary in the trade, and (ii) sales and/or use taxes and/or duties for particular sales. No allowance or deduction shall be made for commissions or collections, by whatever name known;
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(b) subject to Section 3.3, in the case of a transaction to a distributor that is not an Affiliate of Licensee, [***]. No allowance or deduction shall be made for commissions or collections, by whatever name known; and
(c) in the case of a sale, loan, lease, consignment, distribution or transfer of Licensed Products subject to royalty obligations under Article 3 herein that is not within the scope of Section 1.14(a) or 1.14(b): the Average Net Sales Price (as such term is defined below) for sales to end users for such Licensed Product calculated under Section 1.14(a). Without limiting the foregoing, Net Sales Price shall be calculated as set forth in this Section 1.14(c) in the event of any sale, loan, lease, consignment, gift, distribution or other transfer (i) to a party that is Licensee itself or an Affiliate of Licensee or (ii) to a Third Party that enjoys a special course of dealing with one or more of the Licensee or an Affiliate of Licensee. In the case of a Reagent Rental of Licensed Products, however, [***].
For the purposes of this definition, an arm’s-length sale to an unrelated Third Party is one in which (i) such Third Party does not enjoy any special course of dealing with Licensee or its Affiliates, (ii) such Third Party does not provide any nonmonetary consideration for a Licensed Product (under Article 3 herein), and (iii) the gross invoice price in such sale of such Licensed Product is not affected by any other purchase of goods or services or any license of intellectual property other than the end user rights conveyed in Article 2 herein.
As used herein the term “Average Net Sales Price” shall mean (A) the average of Net Sales Price for transfers under Section 1.14(a) over the one year period preceding the date of transfer that is within this Section 1.14(c) of the same type and model of Licensed Product and in the same country as such transferee; (B) if such one-year average Net Sales Price data is unavailable, then the seller’s (Licensee or its Affiliate) published end user list price of such Licensed Product for end users in such country as the transferee; or (C) if data is unavailable under part (A) or (B), then the fair market value (with reference to the sales price of comparable products).
1.15 “Notice” shall mean the label statements affixed to Licensed Products under Section 4.
1.16 “Person” shall mean a(n) individual, corporation, trust, partnership, limited liability company, joint venture, unincorporated organization or other entity.
1.17 [INTENTIONALLY LEFT BLANK]
1.18 “Reagent Rental” shall mean an arrangement whereby a Licensed Product is provided to a customer, where part of the consideration for the customer obtaining such Licensed Product includes an ongoing reagent or consumable purchase commitment on the part of a customer such that part of the price for the reagents or consumables is attributable to the acquisition cost or leasing cost of the Licensed Product, the cost of servicing the Licensed Product and/or other items of cost recovery in connection with supply and support of the Licensed Product; provided, however, that either (a) title to such Licensed Product does not transfer to such customer (if at all) before such customer has completely fulfilled its
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purchase commitment for such reagents or consumables, or (b) such customer’s continued right to use and possess such Licensed Product is contingent upon such customer completely fulfilling its purchase commitment for such reagents or consumables.
1.19 “Real-Time Apparatus Patent Rights” shall mean (a) Valid Claims of Licensor’s U.S. Patent No. 6,814,934 and any reexamination or extension thereof and (b) any Valid Claims in foreign equivalent patents and patent applications thereof where such corresponding Valid Claims claim priority from any of the applications for patent that resulted in U.S. Patent No. 6,814,934 or any reexamination or extension thereof that claims an instrument, process or system (such as, by way of example only, EP 872562 and JP 3136129). “Real-Time Apparatus Patent Rights” do not include rights under any other patent or patent application, and expressly exclude, by way of example only, patents and patent applications (a) that cover real-time methods or cover reagents, kits, mixtures or systems that are capable of use with Licensed Real-Time Thermal Cyclers or (b) that are set forth on Exhibit I.
1.20 [INTENTIONALLY LEFT BLANK]
1.21 “Real-Time Thermal Cycler” shall mean an instrument, whether in single or multiple modules, that includes a Thermal Cycler and a detector which can be used to detect a fluorescence optical signal while the Thermal Cycler is in operation and without opening the reaction xxxxxxxx (for example, tubes, microtitre plates, xxxxx or depressions) in which amplification is occurring.
1.22 [INTENTIONALLY LEFT BLANK]
1.23 “Thermal Cycling Instrument Patent Rights” shall mean (a) Valid Claims of U.S. Patent Nos. 5,038,852 and 5,333,675, and (b) any Valid Claims in foreign equivalent patents and patent applications thereof where such corresponding Valid Claims claim priority from any of the applications for patent that resulted in U.S. Patent No. 5,038,852 or U.S. Patent No. 5,333,675.
1.24 “Territory” shall mean the world.
1.25 “Thermal Cycler” shall mean an instrument, whether in single or multiple modules, that is capable in itself of automatically cycling samples in the PCR process, including any controlling hardware and software.
1.26 “Third Party” shall mean a party other than one of the Parties to this Agreement.
1.27 “Valid Claim” shall mean a claim of an unexpired patent or pending patent application that has not been held unpatentable, invalid or unenforceable pursuant to a final and unappealable decision of a court or other applicable administrative agency with appropriate jurisdiction.
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(including Licensee’s Affiliates) (subject to Section 2.3) and to otherwise Exploit, in all cases under Licensee’s trademarks and trade names, Licensed Products in the form of complete Licensed Real-Time Thermal Cyclers as well as any add-on, substitute, repair and replacement components (including, without limitation, software or hardware ), and not as a foundry or OEM manufacturer for Third Parties. For the avoidance of doubt, nothing in this Section 2.1 precludes Licensee or any of its Affiliates from integrating any Licensed Product into or with any other instruments or components, provided that none of such integration, other instrument(s) or component(s), resulting integrated system or the use of such integrated system infringes any of Licensor’s patent rights other than the Licensed Patents (but only to the extent of any claims of such Licensed Patents that are infringed by such Licensed Product prior to any such integration), and further provided that the foregoing does not convey or constitute a license, immunity from suit or any other right under any claims of the Licensed Patents other than with respect to the Exploitation of such Licensed Product itself (and not such other instruments and components). For the further avoidance of doubt, the foregoing right to sell directly or indirectly through Licensee’s Affiliates includes the right of such Affiliates to import or export Licensed Products from Licensee or any of its Affiliates.
2.4 No Other Patent Rights or Other Rights Granted. Except as expressly set forth in Article 5 herein, the license granted hereunder includes no right, immunity, authorization or license, either expressly, by implication, by estoppel or otherwise, under any patent or patent application that is not included in the Licensed Patents. No right is granted to Licensee or its Affiliates or its or their customers outside the Licensed Field.
3 Fees, Royalties, Records and Reports
For licenses and rights granted under Article 2, Licensee shall pay to Licensor:
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[***] is due for both this Agreement and the Diagnostic Field DNA Sequencing Sublicense Agreement.
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The correctness and completeness of each report shall be attested to in writing by a responsible financial officer of Licensee.
Applied Biosystems
000 Xxxxxxx Xxxxxx Xxxxx
Xxxxxx Xxxx, XX 00000
Attention: Director of Licensing
or to any address that Licensor may advise in writing thirty (30) days prior to its becoming effective.
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NOTICE TO PURCHASER
This Real-Time Thermal Cycler is licensed for use solely in the field of human vitro diagnostics under one or more of U.S. Patents Nos. 6,814,934, 5,038,852, 5,656,493, 5,333,675, 5,475,610, 5,602,756, and 6,703,236, or corresponding claims in their non-U.S. counterparts, owned by Applera Corporation. No other field of use (e.g., the research field) is permitted. No right is conveyed expressly, by implication or by estoppel under any other patent claim, such as claims to apparatus, reagents, kits, or methods such as 5’ nuclease methods. For further information on purchasing licenses, contact the Director of Licensing at Applied Biosystems, 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxxx Xxxx, Xxxxxxxxxx 00000, XXX.
5 Covenant Not to Xxx
6.1 Term. This Agreement (and the licenses and royalty obligations hereunder), unless
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sooner terminated pursuant to this Article 6, shall continue until the date of expiration of the last-to-expire of the Licensed Patents and the Covenanted Patents.
6.4 [INTENTIONALLY LEFT BLANK]
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7 Advertisements; Publicity; Confidentiality
This is a Licensed Real-Time Thermal Cycler(s) under one or more of US Patents Nos. 6,814,934, 5,038,852, 5,656,493, 5,333,675, 5,475,610, 5,602,756, and 6,703,236, or corresponding claims in non-U.S. counterparts thereof, solely for use in the field of human in vitro diagnostics. No other use is permitted. No right is conveyed expressly, by implication or by estoppel under any other patent claim.
7.2 Publicity. With respect to Licensee’s distribution of any written information to Third Parties, including but not limited to advertising, brochures, catalogs, promotional and sales material, and public relations material, Licensor shall have the right to prescribe changes regarding references to, or descriptions of: Licensor, Applied Biosystems group, Celera Genomics group, the patents under which rights are granted in this Agreement, or this Agreement. Licensee agrees to comply with Licensor’s reasonable prescriptions in a commercially reasonable time not to exceed [***] after Licensee’s receipt of such prescriptions.
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off of all or substantially all of Licensee’s research products-related business, Licensee’s human diagnostics-related business and/or Licensee’s nucleic acid analysis-related business resulting in any or all of such businesses being conducted through a separate company or separate companies (“Spin-Off”), then Licensee shall elect which of such companies shall continue to have all rights, benefits and obligations of Licensee under this Agreement (including all licenses and covenants not to xxx granted by Licensor), up to a maximum of two (2) licensees. Subject to the foregoing in this Section 9.1, any such resulting licensee shall not have the right to further transfer any of its rights, benefits or obligations under this Agreement.
10 Negation of Warranties, Representations and Indemnification
10.2 EXCEPT AS EXPRESSLY STATED HEREIN, LICENSOR DOES NOT MAKE BUT EXPRESSLY DISCLAIMS EXPRESS OR IMPLIED WARRANTIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT) WITH RESPECT TO THE LICENSED PATENTS, THE COVENANTED PATENTS, THE PRACTICE OF THE LICENSE HEREUNDER OR THE MAKING OR EXPLOITATIONS OF PRODUCTS LICENSED HEREUNDER OR COVERED BY THE COVENANT NOT TO XXX GRANTED HEREUNDER. IN NO EVENT SHALL LICENSOR BE LIABLE HEREUNDER FOR ANY SPECIAL,
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PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS).
If to or from Licensor:
Applied Biosystems
000 Xxxxxxx Xxxxxx Xxxxx
Xxxxxx Xxxx, XX 00000
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Attention: Director of Licensing
Fax No.: (000) 000-0000
with a copy to:
Weil, Gotshal & Xxxxxx, LLP
000 Xxxxxxx Xxxxxx Xxxxxxx
Xxxxxxx Xxxxxx, XX 00000
Attn: Xxxx Xxxxxxx, Esq.
Fax No.: (000) 000-0000
If to or from Licensee:
Xxxxxxx Xxxxxxx, Inc.
0000 Xxxxx Xxxxxx Xxxxxxxxx Xxxxxxxxx, XX 00000 Attention: Legal Department
Fax No.: (000) 000-0000
with a copy to:
Sheppard, Mullin, Xxxxxxx & Hampton LLP
00000 Xxxx Xxxxx Xxxxx, Xxxxx 000
Xxx Xxxxx, XX 00000
Attn: Xxxx X. Xxxxxx, Esq.
Fax No.: (000) 000-0000
Either Party may change its address or the operating group providing notices under this Agreement by providing notice to the other. A notice shall be deemed given four (4) full business days after the day of mailing, or one full day after the date of delivery to the courier, or the date of facsimile transmission, as the case may be.
11.3 Governing Law. This Agreement shall be deemed made in the State of California, and it shall be construed and enforced in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof.
11.4 Binding Arbitration. All disputes arising out of or otherwise related to this Agreement shall be exclusively resolved through binding arbitration by three arbitrators selected by the American Arbitration Association, in accordance with the American Arbitration Association rules then in effect. Such binding arbitration shall be venued in Los Angeles, California, if brought by Licensee, and shall be venued in San Francisco, California, if brought by Licensor. The Parties shall equally share the cost of such arbitration; provided, however, the arbitrator may award attorneys fees and costs to the prevailing Party in such arbitration.
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contract and any statute, law or ordinance, the latter shall prevail, but the provision shall be limited only to the extent necessary.
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[Signature Pages Follow. The remainder of this page is intentionally left blank.]
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APPLERA CORPORATION, |
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XXXXXXX XXXXXXX, INC. | ||||
THROUGH ITS APPLIED |
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BIOSYSTEMS GROUP AND |
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CELERA GENOMICS GROUP |
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By: |
/s/ Xxxxxxxxx X. Xxxxxx |
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By: |
/s/ Xxxx Xxxxx | ||
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Xxxxxxxxx X. Xxxxxx |
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Title: President |
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Title: |
SVP Strategy and Business Development | |||
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Date: |
June 30, 2006 |
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Date: |
6/30/06 | ||
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EXHIBIT I
Exemplary Patents Excluded from License Granted to Licensee(1)
Amplification Patents |
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5’ Nuclease and Probe Patents |
4,683,195* |
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5,210,015 |
4,683,202* |
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5,219,727 |
4,965,188* |
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5,476,774 |
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5,487,972 |
Polymerase Patents |
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5,538,848 |
5,352,600 |
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5,723,591 |
5,618,711 |
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5,804,375 |
5,789,224 |
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5,876,930 |
6,127,155 |
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6,030,787 |
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6,214,979 |
RT and RT-PCR Patents |
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6,258,569 |
5,310,652 |
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5,322,770 |
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Chemically-Modified Hot-Start Polymerase Patents |
5,407,800 |
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5,677,152 (claims 24-30) |
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5,773,258 (claims 11-13) |
Sequencing Patents |
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5,075,216 |
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dsDNA-Binding Dye Assay Patents |
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5,994,056 |
Taq Patent |
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6,171,785 |
4,889,818 (non-US rights only) |
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5,079,352 |
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Kit Patents |
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6,040,166* |
Thermal Cycler Improvements |
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6,197,563* |
6,555,792 |
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6,514,736* |
6,153,426 |
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5,942,432 |
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Optics |
6,719,949 |
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6,703,236 |
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6,563,581 |
5,224,778 |
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6,211,989 |
5,282,543 |
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6,744,502 |
6,677,151 |
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6,839,179 |
6,833,536 |
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6,982,166 |
EP 1216098 |
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6,033,880 |
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Plastics for PCR |
5,456,360 |
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6,825,047 |
6,638,761 |
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6,514,750 |
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6,942,836 |
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6,090,251 |
Algorithms |
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5,766,889 |
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(1)The tabulated patents are intended to be representative members of global patent families having common priority claims that are to be excluded from the license to Licensee hereunder.
*Expired.
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EXHIBIT II
Summary Royalty/Fee Report
REAL-TIME INSTRUMENT PATENT LICENSE AGREEMENT
for the Period: to for Sales in the country of
Licensee: Effective Date: Royalty/Fee Rate:
o Check here if there were no sales for this period.
R-T TC Model |
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Gross Invoice price (actual) |
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Allowed Deductions (explain) |
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Net sales Price (actual) |
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Royalty Due (US$) |
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Price to Distributor |
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Calculated Net sales Price |
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Royalty Due (US$) | ||
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I hereby certify the information set forth above is correct and complete with respect to the amounts due under this Agreement.
By |
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Title |
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Date |
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Name (please print)
Applera Corporation Send report to: Director of Licensing, Applied Biosystems, 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxxx Xxxx, XX 00000 XXX
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