Exhibit 10.12
Confidential portions of this Agreement have been omitted and filed separately
with the Commission subject to a request for confidential treatment.
[TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER LETTERHEAD]
May 14, 2004
Xx. Xxxxxx X. Xxxxxx
Chairman and CEO
HemoBioTech, Inc.
0000 Xxxxxxxx Xxx, Xxxxx 000
Xxxxxx, XX 00000
Tel: (000) 000-0000; Fax: (000) 000-0000
E-mail: XXXXXXX@XXXXXXXXXXX.XXX
Re: Patent Document
Dear Xx. Xxxxxx:
Texas Tech University understands the need for extension of the legal
protection for its patented HemoTech(TM) blood substitute product, which was
licensed to HemoBioTech, Inc., for commercial development [U.S. Patent No.
5,439,882, issued August 8, 1995]. Therefore, Texas Tech made a decision to
initiate this process even with limited financial resources, and looks forward
to working with HemoBioTech in filing a new patent application for HemoTech(TM).
Knowing that the new patent must be compatible with an earlier
established commercial development strategy, Xx. Xxxxxx, a co-inventor of
HemoTech(TM), has worked on new claims related to "a method of treatment." Since
the most important therapeutic action of HemoTech(TM) in the treatment of acute
blood loss is based on the replacement of a patient's own red blood cells, the
present invention relates to a method of stimulating erythropoiesis (production
of red blood cells in the body) by this blood substitute. If approved, such a
medical claim will protect the patented composition and preclude others from
using this invention for commercial purpose such as use as a blood substitute.
*
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* The information omitted is confidential and has been filed separately with the
commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
CONFIDENTIAL PAGE 1 5/14/2004
*
While the commercial development of HemoTech(TM) blood substitute will
remain the main objective of HemoBioTech's activity, in the future changes in
the chemical composition of HemoTech(TM) may occur in order to create new
products which can be optimized for different clinical uses.
*
It is the intention to submit to the U.S. Patent and Trademark Office a
patent application as soon as possible.
SUMMARY OF THE PROPOSED PATENT APPLICATION:
TITLE: *
FIELD OF INVENTION: *
INVENTORS: *
ASSIGNEE: Texas Tech University Health Sciences Center (Lubbock, TX)
LICENSEE: Hemobiotech, Inc.
ABSTRACT: *
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* The information omitted is confidential and has been filed separately with the
commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
CONFIDENTIAL PAGE 2 5/14/2004
*
CLAIMS: *
EXAMPLES THAT WILL BE USED IN THE PATENT APPLICATION: *
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* The information omitted is confidential and has been filed separately with the
commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
CONFIDENTIAL PAGE 3 5/14/2004
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Xx. Xxxxxx, if you have any scientific question you can directly contact
Xx. Xxxxxx, and for legal questions you can contact me at any time.
Regards,
/s/ Xxxxx Xxxxxxxx, XX
Xxxxxx Xxxxxxxx, XX
Director
Office of Technology Transfer and Intellectual Property
Texas Tech University & Texas Tech University Health Sciences Center
Box 42007
Lubbock, Texas 00000-0000
Phone: (000) 000-0000 & 000-0000
Fax: (000) 000-0000
and
/s/ Xxx Xxxxxx XXX, PhD
Xxx Xxxxxx XXX, PhD
Associate Professor & Co-Inventor of HemoTech(TM)
Department of Surgery
Texas Tech University Health Sciences Center
0000 0xx Xxxxxx, Xxxxxx 0X000X
Xxxxxxx, Xxxxx 00000
Phone: (000) 000-0000x000
Fax: (000) 000-0000
CONFIDENTIAL PAGE 4 5/14/2004