1
EXHIBIT 10.15
*CERTAIN INFORMATION WITHIN THIS EXHIBIT HAS BEEN OMITTED AND THE NON-PUBLIC
INFORMATION HAS BEEN FILED SEPARATELY WITH THE SEC. CONFIDENTIAL TREATMENT HAS
BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
LICENSE AND SUPPLY AGREEMENT entered into as of the 4th day of February 2000.
BETWEEN: XXXXXX CORP., a corporation incorporated under the laws of the
Province of Nova Scotia (hereinafter the "Corporation")
AND: INFECTIO DIAGNOSTIC (I.D.I.) INC., a corporation incorporated under
the laws of the Province of Quebec (hereinafter "IDI")
WHEREAS, IDI has expertise and know-how relating to certain nucleic acid
sequences for identification and diagnosis of certain human infectious disease
parameters as hereinafter described;
WHEREAS, Cepheid has granted to the Corporation an exclusive license to make,
use, offer to sell and sell its systems, subsystems and consumables (such as
disposable reaction tube), in combination with IDI proprietary technology for
diagnosing human disease parameters;
WHEREAS, IDI and the Corporation desire to enter into an agreement whereby JV
Products will be developed and commercialized with nucleic acid sequences from
IDI for use with devices and systems from Cepheid;
WHEREAS IDI, Cepheid and the Corporation have entered into a Joint Technology
and Collaboration Agreement dated February 4, 2000; and
WHEREAS IDI, Cepheid and the Corporation have entered into a Shareholders
Agreement dated February 4, 2000.
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth and other good and valuable consideration, the parties
hereby agree as follows:
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ARTICLE 1
DEFINITIONS
As used in this agreement:
1.1 "AFFILIATE(s)" shall mean any corporation or other business entity
controlled by or in common control of a party. "Control" as used herein
means ownership directly or through one or more Affiliates, of fifty
percent (50%) or more of the shares of the share capital entitled to vote
for the election of directors, in the case of any corporation, or fifty
percent (50%) or more of the equity interests in the case of any other
type of legal entity, status as a general partner in any partnership, or
any other arrangement whereby a party controls or has the right to control
the board of directors or equivalent governing body of a corporation or
other entity.
1.2 "CEPHEID" shall include all of the divisions, subsidiaries and Affiliates
of Cepheid.
1.3 "CEPHEID INTELLECTUAL PROPERTY" shall mean all technology rights and
patents rights (a) owned by Cepheid, existing as of the date hereof or
developed subsequent to the date hereof and (b) relating to systems,
subsystems and consumables for diagnosing human disease parameters
including without limitations the patents and patents applications listed
and described on Appendix A hereto. The Cepheid Intellectual Property
shall also include any improvements, refinements, updates, discoveries or
inventions related to Cepheid Intellectual Property and intellectual
property developed by Cepheid in the course of the Collaboration Program
as defined in the Collaboration Agreement.
1.4 "COLLABORATION AGREEMENT" shall mean the Joint Technology and
Collaboration Agreement between the Corporation, IDI and Cepheid dated
February 4, 2000;
1.5 "COST" shall mean [to be provided by the parties and shall take into
account adjustment mechanisms]
1.6 "FIELD" shall mean the rapid diagnosis of human infectious diseases
including but not limited to bacteria, fungi, antibiotic resistance and
related disorders with systems integrating both IDI Intellectual Property
and Cepheid Intellectual Property.
1.7 "IDI" shall include all of the divisions, subsidiaries and Affiliates of
IDI.
1.8 "IDI INTELLECTUAL PROPERTY" shall mean all technology rights and patent
rights (a) owned by IDI, existing as of the date hereof or developed
subsequent to the date hereof and (b) relating to nucleic acid sequences
useful for the identification and/or diagnosis of human infectious disease
parameters, including, without limitation, the patents and patent
applications listed and described on Appendix B hereto. The IDI
Intellectual Property shall also include any improvements, refinements,
updates, discoveries or inventions related to IDI Intellectual Property
and intellectual property developed by IDI
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in the course of the Collaboration Program as defined in the Collaboration
Agreement.
1.9 "IDI PRODUCTS" shall mean any products developed by IDI including but not
limited to reagents or other assay materials to be incorporated in the
Products.
1.10 "JV PRODUCTS" shall mean any of the Corporation Products integrating
Cepheid Intellectual Property and IDI Intellectual Property.
1.11 "SHAREHOLDERS AGREEMENT" shall mean the Shareholders Agreement between
IDI, Cepheid and the Corporation dated February 4, 2000, and any addenda
and amendments of said agreement.
1.12 "TERRITORY" shall mean all of the countries in the world, including their
respecting territories and possessions.
1.13 "TRANSFER PRICE" shall mean with respect to any IDI Product the price at
which IDI will sell IDI Product to the Corporation as provided in Article
3 hereof.
ARTICLE 2
LICENSE AND TECHNOLOGY TRANSFER
2.1 LICENSE GRANT
(a) IDI hereby grants to the Corporation a fully paid-up, royalty-free,
exclusive right and license in the Territory, with the right to
grant sublicenses, in and to all IDI Intellectual Property and IDI
Products to make, use, offer to sell and sell JV Products in the
Field.
(b) If the Corporation grants a sublicense to a third party, the
Corporation guarantees that such sublicense shall be in conformity
with the terms and conditions of this Agreement and the Corporation
shall not be relieved of its obligations pursuant to this Agreement
as a result of such sublicense.
2.2 LIMITED RIGHTS
Notwithstanding Section 2.1, the Corporation and Cepheid acknowledge and
covenant that IDI can make, have made, use, offer for sale, and sell
outside the Field in the Territory, directly or indirectly, IDI
Intellectual Property and IDI Products for use with technology other than
Cepheid Intellectual Property.
2.3 IDI WARRANTY
To the best knowledge of IDI, IDI Intellectual Property and IDI Products
do not infringe patents of third party.
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ARTICLE 3
SUPPLY AND USE OF IDI PRODUCTS
3.1 EXCLUSIVE PURCHASE
The Corporation shall exclusively purchase IDI Products required for the
manufacturing and sale of the Product from IDI and shall not use any third
party product or technology other than IDI Products and IDI Intellectual
Property for the manufacture and sale of JV Products except for Cepheid
Intellectual Property.
3.2 PRODUCTION
IDI declares that it is and shall be in a position to produce or cause to
be produced IDI Products in a quantity necessary to meet the Corporation's
reasonable projected sales forecast projections with reserves to include
back-up supplies in the event such may be required.
3.3 TRANSFER PRICE
The Transfer Prices at which IDI shall sell IDI Products to the
Corporation shall be equal to the Cost of IDI Products plus [**]. Transfer
pricing formulas will be periodically reviewed and adjusted as necessary
upon agreement by both IDI and Cepheid to ensure their equitable sharing
of revenues and profits generated by the Corporation.
3.4 TITLE TO IDI PRODUCTS
To secure the payment of all amounts due hereunder and the observance and
performance of all the terms, provisions, agreements and covenants of this
Agreement, IDI reserves ownership of all IDI Products sold to the
Corporation under the terms of this Agreement until the earlier of the
dates on which the Corporation shall have (i) resold such IDI Products to
a customer or (ii) made payment in full to IDI of all amounts due
hereunder. Such reservation of ownership shall operate to the maximum
extent permitted under the laws of the country in which the respective IDI
Product is physically located, and the Corporation shall comply with all
formalities required to give effect thereto.
3.5 FORECASTS
For the purposes of Section 3.1, the Corporation shall provide IDI on a
calendar quarterly basis with an updated two year forecast in order to
enable IDI to develop realistic production requirements of IDI Products
for future periods.
3.6 DELAY IN SUPPLY
In the event that IDI would encounter circumstances out of its control
where the supply of the IDI Products could not be provided to the
Corporation, IDI shall so advise the Corporation, in the best of delays,
and in such a case the parties shall attempt to find alternatives to
supply the required IDI Products to the Corporation during the period in
question.
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3.7 TRANSPORTATION
All IDI Products to be supplied by IDI to the Corporation shall be
delivered to the Corporation F.O.B. Quebec, at the premises of the
Corporation. Subject to the following, the parties agree that the term
"F.O.B." shall be interpreted in accordance with the Incoterms 2000.
Without limiting the generality of the foregoing, IDI Products shall be at
the Corporation's sole risk and responsibility as of the moment that IDI
Products have been placed on board the carrier specified by the
Corporation.
3.8 EXPORT/IMPORT LICENSE
Notwithstanding any provisions to the contrary, the obtainment of any and
all export and/or import licenses as well as any and all required
governmental consents are the sole responsibility of the Corporation, IDI
declaring, however that it shall collaborate with the Corporation in this
regard.
ARTICLE 4
INFRINGEMENT
4.1 INFRINGEMENT
(a) Each party shall promptly report in writing to the other party
during the term of this Agreement any known infringement or
suspected infringement of any Product, IDI Intellectual Property or
IDI Products by a third party of which it becomes aware, and shall
provide the other party with all available evidence supporting said
infringement or suspected infringement.
(b) Except as provided in paragraph (d), the Corporation shall have the
right to initiate an infringement or other appropriate suit against
any third party who at any time has infringed, or is suspected of
infringing, any Product, IDI Intellectual Property or IDI Products.
The Corporation shall give IDI sufficient advance notice of its
intent to file said suit and the reasons therefor, and shall provide
IDI with an opportunity to make suggestions and comments regarding
such suit. The Corporation shall keep IDI properly informed, and
shall from time to time consult with IDI, regarding the status of
any such suit.
(c) The Corporation shall have the sole and exclusive right to select
counsel for any suit referred to in paragraph (b) and shall pay all
expenses of the suit, including without limitation attorney's fees
and court costs. If necessary, IDI shall join as a party to the suit
but shall be under no obligation to participate except to the extent
that such participation is required as the result of being a named
party to the suit. IDI shall offer reasonable assistance to the
Corporation in connection therewith at no charge to the Corporation
except for reimbursement of reasonable out-of-pocket expenses (not
including
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salaries of IDI personnel) incurred in rendering such assistance.
IDI shall have the right to participate and be represented in any
such suit by its own counsel at its own expense. The Corporation
shall not settle any such suit involving rights of IDI without
obtaining the prior written consent of IDI, which consent shall not
be unreasonably.
(d) In the event that the Corporation elects not to initiate an
infringement or other appropriate suit pursuant to paragraph (b),
the Corporation shall promptly advise IDI of its intent not to
initiate such suit, and IDI shall have the right, at the expense of
IDI, of initiating an infringement or other appropriate suit against
any third party who at any time has infringed, or is suspected of
infringing, any Product, IDI Intellectual Property or IDI Products.
In exercising its rights pursuant to this paragraph (d), IDI shall
have the sole and exclusive right to select counsel and shall pay
all expenses of the suit, including without limitation, attorney's
fees and court costs, and shall be entitled to receive and retain
any damages, royalties, settlement fees or other consideration. If
necessary, the Corporation shall join as a party to the suit but
shall be under no obligation to participate except to the extent
that such participation is required as a result of being a named
party of the suit. At IDI's request, the Corporation shall offer
reasonable assistance to IDI at no charge to IDI except for
reimbursement of reasonable out-of-pocket expenses (not including
salaries of the Corporation personnel) incurred in rendering such
assistance. The Corporation shall have the right to participate and
be represented in any such suit by its own counsel at its own
expense.
4.2 CLAIMED INFRINGEMENT
Notwithstanding anything to the contrary in this Agreement, in the event
that any action, suit or proceeding is brought against IDI or the
Corporation, licensee or sublicensee of the Corporation alleging the
infringement of the intellectual property rights of a third party by
reason of the manufacture, use, sale or offer for sale of IDI Products,
IDI Intellectual Property or JV Products by the Corporation, the
Corporation will have the obligation to defend itself and IDI in such
action, suit or proceeding at the Corporation's expense. IDI shall have
the right to separate counsel at its own expense in any such action or
proceeding. The parties will cooperate with each other in the defense of
any such suit, action or proceeding. The parties will give each other
prompt written notice of the commencement of any such suit, action or
proceeding or claim or infringement and will furnish each other a copy of
each communication relating to the alleged infringement, but the failure
to do so shall not affect the Corporation's obligations under this Article
and under Article 5 except to the extent the Corporation is actually
damaged thereby. The Corporation shall not compromise, litigate, settle or
otherwise dispose of any such suit, action or proceeding which involves
the use of IDI Product or IDI Intellectual Property without IDI's advice
and prior written consent, provided that IDI shall not unreasonably
withhold its consent to any settlement which will provide an unconditional
release of IDI.
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4.3 LIMITED LIABILITY
Notwithstanding anything else in this Agreement or otherwise, neither IDI
nor the Corporation will be liable with respect to any subject matter of
this Agreement under any contract, negligence, strict liability or other
legal or equitable theory for any indirect, incidental, consequential or
punitive damages or lost profits.
4.4 WARRANTY DISCLAIMER
The Corporation agrees that there does not exist any warranty, guarantee,
declaration or condition, express or implied, made by IDI, including
implicit warranties as to merchantability, market quality, commercial
value and fitness for any particular purpose whatsoever relative to IDI
Intellectual Property or IDI Products or to the incorporation of IDI
Products in the JV Products.
ARTICLE 5
INDEMNIFICATION
The Corporation shall indemnify, defend and hold harmless IDI and its and
their respective directors, officers, employees, and agents and their
respective successors, heirs and assigns (the "IDI Indemnitees"), against
any liability, damage, loss or expense (including reasonable attorneys'
fees and expenses of litigation) incurred by or imposed upon the IDI
Indemnitees, or any of them, in connection with any claims, suits,
actions, demands or judgments of third parties, including without
limitation, personal injury and product liability matters (except in cases
where such claims, suits, actions, demands or judgments result from
willful misconduct, gross negligence or material breach of this Agreement
on the part of IDI Indemnitees) arising out of the development, testing,
production, manufacture, promotion, import, sale or use by any person of
any JV Products, IDI Products or IDI Intellectual Property manufactured or
sold by the Corporation or by a licensee, sublicensee, distributor or
agent of the Corporation. The Corporation shall have no obligation under
this Article 5 with respect to incidental, indirect, or consequential
damages or lost profits of IDI.
ARTICLE 6
CONFIDENTIALITY AND NON-DISCLOSURE
The parties agree that the Confidentiality provisions contained in the
Shareholders Agreement apply to this Agreement with the necessary changes
having been made.
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ARTICLE 7
TERM AND TERMINATION
7.1 TERM AND TERMINATION
This Agreement shall continue in full force and effect until the
expiration of the 6 month period following receipt by IDI or Cepheid of a
notice of winding up sent pursuant to Article 4 of the Shareholders
Agreement.
7.2 SURVIVAL OF OBLIGATIONS
Articles 4, 5 and 6 of this Agreement shall survive its termination.
7.3 RETURN OF IDI PRODUCTS
IDI shall have the right at its option to repurchase all or any part of
the inventories of IDI Products in the Corporation's possession as of the
termination of this Agreement at IDI's invoice price to the Corporation
for such IDI Products less any appropriate amount for excessive wear and
tear. IDI shall exercise its option by notifying the Corporation in
writing no later than 30 days after the effective termination date.
ARTICLE 8
DISPUTES
8.1 NEGOTIATION AND MEDIATION
If a dispute arises out of or relates to this Agreement or its breach (the
"Matter"), the parties agree to resolve the Matter as follows:
(a) A party shall submit written notice of the Matter to the other
parties and request negotiation.
(b) The parties shall attempt in good faith to resolve any Matter
arising out of or relating to this Agreement promptly by negotiation
between representatives which the parties may appoint, and (c) If
the Matter has not been resolved within 60 days of a party's request
for negotiation, either party may request that the Matter be
submitted to a sole mediator selected by the parties for a mandatory
1 day mediation;
8.2 ARBITRATION
If the Matter has not been resolved by such mediation, either party may
submit the Matter for binding arbitration, to a sole arbitrator in
accordance with the Rules of Conciliation and Arbitration of the
International Chamber of Commerce as in effect on the date of commencement
of such arbitration, (the "ICC Rules") if the Corporation initiates the
arbitration and pursuant to the Rules of the American Arbitration
Association as in effect on the date of
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commencement of such arbitration if IDI initiates the arbitration (the
"AAA Rules"), except where such ICC Rules or AAA Rules, as the case may
be, conflict with the provisions of Article 8 in which event the
provisions of this Article 8 shall prevail.
8.3 APPOINTMENT OF ARBITRATOR
If the parties fail to agree on the appointment of the sole arbitrator
within 20 days after one party has served the other party, a written
notice to concur in the appointment of the single arbitrator nominated by
the serving party, the sole arbitrator shall be appointed in accordance
with the ICC Rules or AAA Rules, as the case may be. The sole arbitrator
shall be a member of the Quebec Bar if the ICC Rules apply or the
California Bar if the AAA Rules apply, with at least 10 years of
experience in corporate commercial or intellectual property law. The
arbitrator shall render any final award within 20 days following the
completion of evidence and arguments on the Matter.
8.4 ADMISSIBILITY OF EVIDENCE IN OTHER PROCEEDINGS
The parties shall not be entitled to rely on or introduce as evidence
before any arbitral proceedings whether or not such proceedings relate to
the Matter that is the subject of the negotiations:
(a) Views expressed or suggestions made by another party in respect of a
possible settlement of the Matter;
(b) Admissions or proposals made by another party in the course of
negotiations; or
(c) The fact that the other party had indicated his willingness to
accept a proposal for settlement made by another party.
8.5 LOCATION
The mediation and arbitration shall be held in Montreal, Quebec if the
Corporation initiates the arbitration and in San Francisco, California if
IDI initiates the arbitration. The parties, their representatives, the
mediator and the arbitrator shall hold the existence, contend and results
or any negotiation, mediation or arbitration in confidence unless
disclosure is required by law or regulation, and in such case the parties
shall take reasonable precautions to only disclose what is required by law
or governmental regulation. All proceedings and all pleadings shall be in
English.
8.6 AWARD
Any award of the Arbitration shall be final and binding on the parties and
shall be enforceable in any court having jurisdiction over the party from
whom enforcement is requested.
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ARTICLE 9
NOTICES
Any notice, request, instruction or other document to be given hereunder
shall be deemed validly given if in writing, and delivered personally,
sent by overnight courier, or sent by certified mail, postage prepaid,
return receipt requested, as follows:
If to IDI:
---------
Infectio Diagnostic (I.D.I.), Inc.
0000 Xxxx Xxxxxxxx Xxxx. Xxxx
Xxx-Xxx, Xxxxxx, Xxxxxx X0X 0X0
Attn: Xx. Xxxxxx Xxxxxxxx
Facsimile: (000) 000-0000
and if to the Corporation:
-------------------------
Xxxxxx Corp.
0000 Xxxx Xxxxxxxx Xxxx. Xxxx
Xxx-Xxx, Xxxxxx, Xxxxxx X0X 0X0
Attn: Xx. Xxxxxx Xxxxxxxx
Facsimile: (000) 000-0000
And copy to: Xxxxxx X. Xxxxxxxx
Facsimile: (000) 000-0000
and copy to Cepheid:
-------------------
Cepheid
0000 Xxxxxxxx Xxxxxx
Xxxxxxxxx, XX, 00000-0000
Attn: Xxxxxx X. Xxxxxxxx
Facsimile: (000) 000-0000
Alternatively, notices and other communications may be sent by facsimile
transmission with a confirmation copy sent by one of the forms of
delivery set forth above. All notices and other communications shall be
deemed delivered on the date of actual receipt.
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ARTICLE 10
MISCELLANEOUS
10.1 ENTIRE AGREEMENT
This Agreement along with the Collaboration Agreement, the Shareholders
Agreement and the License and Supply Agreement between Cepheid and the
Corporation 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. Only a written instrument executed by the
parties may amend this Agreement.
10.2 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.
10.3 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of and be
enforceable by the parties hereto and their respective successors and
assigns and IDI shall not assign this Agreement without the prior written
consent of the Corporation which cannot be unreasonably withheld.
10.4 FORCE MAJEURE
Any delays in or failure of performance by either party under this
Agreement shall not be considered a breach of this Agreement if and to the
extent caused by occurrences beyond the reasonable control of the party
affected, including but not limited to acts of God; acts, regulations, or
laws of any government; strikes or other considered acts of workers;
fires; floods; explosions; riots; wars; rebellion; and sabotage; and any
time for performance hereunder shall be extended by the actual time of
delay caused by such occurrence.
10.5 SEVERABILITY
If any provision(s) of this Agreement are or become invalid, or 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 provision which is
invalid, illegal, or unenforceable, there be substituted or added as part
of this Agreement, a provision which shall be as similar as possible in
economic and business objectives as intended by the parties to such
invalid, illegal, or unenforceable provision, but which shall be valid,
legal, and enforceable, and shall be mutually agreed by the parties.
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10.6 HEADINGS
The headings contained herein are for reference purposes only and shall
not in any way affect the meaning of this Agreement.
10.7 COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of
which shall be an original, but all of which together shall constitute one
instrument.
10.8 NO AGENCY
Nothing contained in this Agreement shall be deemed to create a
partnership between the Corporation and IDI. Neither party shall be liable
for the act of the other party unless the other party expressly authorizes
such act in writing.
10.9 GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the
laws of the Province of Quebec, without regard to the application of
principles of conflicts of laws thereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
INFECTIO DIAGNOSTIC (I.D.I.) INC XXXXXX CORP.
Per: /s/ XX. XXXXXX XXXXXXXX Per: /s/ XX. XXXXXX XXXXXXXX
------------------------------ ----------------------------
Xx. Xxxxxx Xxxxxxxx Xx. Xxxxxx Xxxxxxxx
Per: /s/ XXXXXX X. XXXXXXXX
----------------------------
Xxxxxx X. Xxxxxxxx
Cepheid intervenes to declare that it has taken cognizance of this Agreement and
that it accepts to be bound by Sections 2.2, 3.3 and 7.1.
CEPHEID
Per: /s/ XXXXXX X. XXXXXXXX
-------------------------------
Xxxxxx X. Xxxxxxxx
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APPENDIX A
CEPHEID INTELLECTUAL PROPERTY
14
APPENDIX A
TO THE LICENSE AND SUPPLY AGREEMENT
BETWEEN INFECTIO DIAGNOSTIC (I.D.I.) INC. AND XXXXXX CORP.
CEPHEID PATENT RIGHTS AND APPLICATIONS
I. Reaction vessel for heat-exchanging chemical processes.
PATENT
COUNTRY NUMBER ISSUED
UNITED STATES US 5,958,349 Sept. 28, 1999
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APPENDIX B
IDI INTELLECTUAL PROPERTY
00
XXXXXXXX X
TO THE LICENSE AND SUPPLY AGREEMENT
BETWEEN INFECTIO DIAGNOSTIC (I.D.I.) INC. AND XXXXXX CORP.
IDI PATENT RIGHTS AND APPLICATIONS
I. Specific and universal probes and amplification primers to rapidly detect
and identify common bacterial pathogens and antibiotic resistance genes
from clinical specimens for routine diagnosis in microbiology
laboratories.
--------------------------------------------------------------------------------
COUNTRY APPLICATION FILING DATE STATUS
NUMBER
--------------------------------------------------------------------------------
AUSTRALIA 34 681/95 Sept 12, 1995 000000
XXXXXX 08/304732 Sept 12, 1995 Pending
CANADA 1529278 April 2, 1998 Pending
CHINA CN1161060A Oct 1, 0000 Xxxxxxx
XXXXXX XXXXXX XX000000 Nov 4, 1996 6,001,564
EUROPE 95 931 109.3-2116 Pending
INDIA 2153CAL97 Pending
JAPAN 504973/98 May 19, 1998 Pending
MEXICO 97/01847 June 18, 1997 Pending
NORWAY 971111 Sept. 1, 0000 Xxxxxxx
XXX XXXXXXX XX000000 August 12, 0000 000000
XXXXXXXXX 9701090-4 Sept. 12, 1995 9701090-4
--------------------------------------------------------------------------------
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II. Species-specific, genus-specific and universal DNA probes and
amplification primers to rapidly detect and identify common bacterial and
fungal pathogens and associated antibiotic resistance genes from clinical
specimens for diagnosis in microbiology laboratories.
--------------------------------------------------------------------------------
COUNTRY APPLICATION FILING DATE STATUS
NUMBER
--------------------------------------------------------------------------------
ARGENTINA P970105357 Nov. 14, 1997 Pending
AUSTRALIA 48598/97 Nov. 14, 0000 Xxxxxxx
XXXXXX XX 0000000-0 Nov. 14, 0000 Xxxxxxx
XXXXXX 5044400 July 22, 1999 Pending
CHINA 97180194.0 Nov. 4, 0000 Xxxxxxx
XXXXXX XXXXXX WO98/20157 Nov. 4, 1997 Pending
EUROPE 97911094.7 - 2116 Pending
INDIA 2153CAL97 Nov. 13, 1997 Pending
JAPAN May 6, 1999 Pending
MEXICO 99-4119 May 3, 1999 Pending
NORWAY 19991976 April 26, 1999 Pending
NEW ZEALAND 335548 June 4, 0000 Xxxxxxx
XXXXXXXXX 0000000-0 Nov. 4, 1997 Pending
--------------------------------------------------------------------------------
18
III. Highly conserved genes and their use to generate species-specific,
genus-specific, family-specific, group-specific and universal nucleic acid
probes and amplification primers to rapidly detect and identify bacterial,
fungal and parasitical pathogens from clinical specimens for diagnosis.
--------------------------------------------------------------------------------
COUNTRY APPLICATION FILING DATE STATUS
NUMBER
--------------------------------------------------------------------------------
CANADA CAN 2,283,458 Sept. 28, 1999 Pending
--------------------------------------------------------------------------------
19
IV. Specific and universal probes to rapidly detect and identify common
bacteria form urinary or any other biological samples in the routine
microbiology laboratory.
--------------------------------------------------------------------------------
COUNTRY APPLICATION FILING DATE STATUS
NUMBER
--------------------------------------------------------------------------------
UNITED STATES 85-586-9001-2 Sept. 12, 1994 08/304,732
UNITED STATES S.N. 850586.90012 Sept. 11, 1995 08/526,840
--------------------------------------------------------------------------------
20
V. Species-specific and universal DNA probes and amplification primers to
rapidly detect and identify common bacterial pathogens and associated
antibiotic resistance genes from clinical specimens for routine diagnosis
in microbiology laboratories.
--------------------------------------------------------------------------------
COUNTRY APPLICATION FILING DATE STATUS
NUMBER
--------------------------------------------------------------------------------
UNITED STATES US 743,637 Nov. 4, 1996 5,994,066
--------------------------------------------------------------------------------
