INTELLECTUAL PROPERTY CROSS-LICENSE AGREEMENT
Exhibit 10.5
INTELLECTUAL PROPERTY CROSS-LICENSE AGREEMENT
This INTELLECTUAL PROPERTY CROSS-LICENSE AGREEMENT (this “Agreement”), dated as of July 8, 2024 is made between MANNKIND CORPORATION, a Delaware corporation company (“MannKind”) and PULMATRIX, INC., a Delaware corporation (“Pulmatrix”). XxxxXxxx and Pulmatrix are each referred to individually as a “Party” and collectively as the “Parties”.
WHEREAS, MannKind owns or has valid rights in certain intellectual property and technology (the “MannKind Technology”) relating to its “Cricket” single-use disposable dry powder inhaler (including any modifications or improvements thereto made by or on behalf of MannKind, the “Cricket Device”);
WHEREAS, Pulmatrix has developed an inhaled formulation of dihydroergotamine (“DHE”) for the treatment of acute migraine known as PUR3100 (“PUR3100”);
WHEREAS, Pulmatrix owns certain intellectual property and technology for its dry powder delivery technology, iSPERSE (inhaled Small Particles Easily Respirable and Emitted), which enables delivery of small or large molecule drugs to the lungs by inhalation for local or systemic applications (including any modifications or improvements thereto made by or on behalf of Pulmatrix, “iSPERSE”);
WHEREAS, the parties wish to enter into a technology exchange as set forth herein;
WHEREAS, XxxxXxxx desires to grant Pulmatrix the exclusive right to develop, use, manufacture, market, offer and sell the Cricket Device for the inhaled delivery of DHE in any formulation whatsoever, including PUR31000;
WHEREAS, XxxxXxxx desires to grant Pulmatrix a non-exclusive license to develop, use, manufacture, market, offer and sell the Cricket Device for the inhaled delivery of one more active pharmaceutical ingredients formulated with iSPERSE for the treatment of neurological disease in humans (“Neurological Disease”);
WHEREAS, Pulmatrix desires to grant to MannKind an exclusive license to develop, use, manufacture, market, offer and sell iSPERSE formulations of Clofazimine;
WHEREAS, Pulmatrix desires to grant to MannKind an exclusive license to develop, use, manufacture, market, offer and sell formulations of iSPERSE with one more active pharmaceutical ingredients for the treatment of nontuberculous mycobacteria lung disease in humans (“NTM”);
WHEREAS, Pulmatrix desires to grant to MannKind an exclusive license to develop, use, manufacture, market, offer and sell iSPERSE formulations of insulin;
WHEREAS, Pulmatrix desires to grant to MannKind a non-exclusive license to develop, use, manufacture, market, offer and sell formulations of iSPERSE with one more active pharmaceutical ingredients for the treatment of endocrine disease in humans (“Endocrine Disease”);
WHEREAS, Pulmatrix desires to grant to MannKind a non-exclusive license to develop, use, manufacture, market, offer and sell formulations of iSPERSE with one more active pharmaceutical ingredients for the treatment of interstitial lung diseases (including IPF, PPF and other related lung diseases) in humans (“ILD”);
WHEREAS, Pulmatrix has provided to MannKind certain development services related to the development of an iSPERSE formulation of Clofazimine as specified in a master services agreement dated March 1, 2024 (the “Pulmatrix Services Agreement”); and
WHEREAS, concurrent with the execution of this Agreement, the Parties are executing (i) that certain Lease Assignment and Assumption Agreement pursuant to which Pulmatrix will assign to MannKind a specified lease agreement and certain assets related thereto as specified therein (the “Lease Assignment”) and (ii) that certain Master Services Agreement pursuant to which MannKind will provide specified development services for Pulmatrix as specified therein (the “MannKind Services Agreement”).
NOW THEREFORE, in consideration of the ongoing financial and other support provided by the Parties to each other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, XxxxXxxx and Pulmatrix hereby agree as follows:
ARTICLE 1 DEFINITIONS
In addition to terms defined elsewhere in this Agreement, the following terms shall have the following meanings:
“Affiliate” means, with respect to a Party, any Person that controls, is controlled by, or is under common control with such Party, where “control” (including, with correlative meaning, the terms “controlled by” or “under common control with”) means the possession, directly or indirectly, through one or more intermediaries, of the power to direct or cause the direction of the management or policies of a Person, whether through ownership of more than fifty percent (50%) of voting securities, controlling interests or similar arrangement.
“Change of Control” shall mean, with respect to an Entity (including a Party): (a) the sale or disposition of all or substantially all of the assets of such Entity or its direct or indirect controlling Affiliate to another Entity, other than to an Entity of which more than fifty percent (50%) of the voting capital stock are owned after such sale or disposition by shareholders of such Entity or its direct or indirect controlling Affiliate (in either case, whether directly or indirectly through any parent Entity) or (b) (i) the acquisition by another Entity, alone or together with any of its Affiliates, other than an employee benefit plan (or related trust) sponsored or maintained by such Entity or any of its Affiliates, of more than fifty percent (50%) of the outstanding shares of voting capital stock of such Entity or its direct or indirect controlling Affiliate, or (ii) the acquisition, merger or consolidation of such Entity or its direct or indirect controlling Affiliate with or into another Entity, other than, in the case of subclause (i) or (ii), an acquisition or a merger or consolidation of such Entity or its controlling Affiliate in which the holders of shares of voting capital stock of such Entity or its controlling Affiliate, as the case may be, immediately prior to such acquisition, merger or consolidation will beneficially own, directly or indirectly, at least fifty percent (50%) of the shares of voting capital stock of the acquiring Entity or the surviving corporation in such acquisition, merger or consolidation, as the case may be, immediately after such acquisition, merger or consolidation; and, in each case ((a) or (b)), whether through a single transaction or a series of related transactions but excluding any and all bona fide financing transactions.
“Control” means with respect to any material, Know-How, or intellectual property right, that a Party or its Affiliate (a) owns or (b) has a license (other than a license granted to such Party under this Agreement) to such material, Know-How, or intellectual property right and, in each case, has the ability to grant to the other Party access, a license, or a sublicense (as applicable) to the foregoing on the terms and conditions set forth in this Agreement without violating the terms of any then-existing agreement or other legally enforceable arrangement with any Third Party. In the event of a Change of Control of a Party, any Know-How, Patents, or other intellectual property rights that are owned or controlled by a Third Party that becomes an Affiliate of such Party as a result of such Change of Control will not be deemed to be Controlled by such Party or its Affiliates for purposes of this Agreement.
“Cover” means, with respect to a claim of a Patent and a product, that such claim would be infringed, absent a license, by the manufacture, use, offer for sale, sale or importation of such product (considering claims of patent applications to be issued as then pending).
“Effective Date” means the date that the “Closing” (as defined in the Lease Assignment) has occurred under the Lease Assignment and the Lease Assignment has gone into effect.
“Entity” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association or other entity.
“Exploit” means to make, have made, import, use, sell or offer for sale, including to research, develop, commercialize, register, manufacture, have manufactured, hold or keep (whether for disposal or otherwise), have used, export, transport, distribute, promote, market, sell, have sold, dispose of, copy, distribute, create derivative works of, publicly perform or publicly display.
“Governmental Body” means any federal, national, state, provincial, or local government, or political subdivision thereof, or any multinational organization, or any authority, agency, regulatory body, or commission entitled to exercise any administrative, executive, judicial, legislative, police, regulatory, or taxing authority or power, or any court or tribunal (or any department, bureau or division of any of the foregoing, or any governmental arbitrator or arbitral body).
“Know-How” means any data, results, technology, business or financial information or information of any type whatsoever, in any tangible or intangible form, including know-how, trade secrets, practices, techniques, methods, processes, designs, manuals, guidelines, inventions, developments, specifications, formulations, formulae, software, algorithms, marketing reports, expertise, technology, test data (including pharmacological, biological and chemical, biochemical, clinical test data and data resulting from non-clinical studies), CMC information, stability data and other study data and procedures.
“Licensed Technology” means the MannKind Technology and/or the Pulmatrix Technology, as the context may require.
“Licensee” means the Party receiving rights under a license grant pursuant to this Agreement. Depending on the context, Licensee may mean either or both of MannKind and Pulmatrix.
“Licensor” means the Party granting rights under a license grant pursuant to this Agreement. Depending on the context, Licensor may mean either or both of MannKind and Pulmatrix.
“MannKind Know-How” means Know-How Controlled by XxxxXxxx as of the Effective Date or during the Term that is necessary or reasonably useful to Exploit the Cricket Device.
“MannKind Patents” means all Patents Controlled by MannKind as of the Effective Date or during the Term to the extent that such Patents Cover the Cricket Device. The MannKind Patents existing as of the Effective Date are listed in Schedule 2 attached hereto.
“MannKind Regulatory Approvals” means all Regulatory Approvals owned by XxxxXxxx specifically relating to the Cricket Device.
“MannKind Technology” means the MannKind Know-How, the MannKind Patents, the MannKind Trademarks and all MannKind Regulatory Approvals.
“MannKind Trademarks” means any Trademarks used by MannKind to designate the Cricket Device. For clarity, MannKind Trademarks does not include any Trademarks used to designate XxxxXxxx’s or any of its Affiliates’ corporate name(s).
“Patent Owner” means, with respect to each Patent within the Licensed Technology, the Party that Controls such Patent. In the event any Patent is owned by both XxxxXxxx and Pulmatrix, then for purposes of this Agreement MannKind shall be deemed the Patent Owner of such Patent.
“Product” means, (a) with respect to a product Exploited by MannKind, any pharmaceutical product or medical device that incorporates any Pulmatrix Technology whether alone or in combination with any other active ingredient and (b) with respect to a product Exploited by Pulmatrix, any pharmaceutical product or medical device that incorporates any MannKind Technology whether alone or in combination with any other active ingredient.
“Prosecute and Maintain” means with regard to a Patent, the preparing, filing, prosecuting and maintenance of such Patent, as well as handling re-examinations and reissues with respect to such Patent, together with the conduct of interferences, the defense of oppositions and other similar proceedings with respect to the particular Patent. For clarification, Prosecute and Maintain does not include any other enforcement actions taken with respect to a Patent.
“Pulmatrix Know-How” means Know-How Controlled by Pulmatrix as of the Effective Date or during the Term that is necessary or reasonably useful to Exploit iSPERSE.
“Pulmatrix Patents” means all Patents Controlled by Pulmatrix as of the Effective Date or during the Term that Cover iSPERSE. The Pulmatrix Patents existing as of the Effective Date are listed in Schedule 1 attached hereto.
“Pulmatrix Regulatory Approvals” means all Regulatory Approvals owned by Pulmatrix specifically relating to iSPERSE.
“Pulmatrix Technology” means the Pulmatrix Know-How, the Pulmatrix Patents, the Pulmatrix Trademarks and all Pulmatrix Regulatory Approvals.
“Pulmatrix Trademarks” means any Trademark used by Pulmatrix to designate iSPERSE. For clarity, Pulmatrix Trademarks does not include any Trademarks used to designate Pulmatrix’s or any of its Affiliates’ corporate name(s).
“Regulatory Approvals” means the technical, medical and scientific licenses, registrations, authorizations and approvals issued by or under the jurisdiction of a Governmental Body, as necessary for the distribution, marketing, promotion, offer for sale, supply, use, import, export or sale of a pharmaceutical product or medical device in a regulatory jurisdiction.
“Third Party” means any entity other than Pulmatrix or MannKind or an Affiliate of either of them.
“Trademark” means any word, name, symbol, color, shape, designation or device or any combination thereof, including any trademark, service mark, trade name, trade dress, brand name, product configuration, domain name, logo, design or business symbol, that functions as an identifier of source, origin or membership, whether or not registered, and all statutory and common law rights therein, and all registrations and applications therefor, together with all goodwill associated with, or symbolized by, any of the foregoing.
“Valid Claim” means (a) a claim of an issued, unexpired Patent that has not been revoked, disclaimed, abandoned or held invalid or unenforceable by a court or other body of competent jurisdiction in an unappealed or unappealable decision and (b) a claim of any patent application which has not been abandoned or finally disallowed without the possibility of appeal or re-filing of the application.
ARTICLE 2 LICENSE GRANTS
Section 2.1: MannKind Exclusive License Grant to Pulmatrix.
Subject to the terms and conditions of this Agreement, MannKind hereby grants to Pulmatrix, and Pulmatrix hereby accepts, a worldwide, fully paid up, royalty-free, exclusive, sub-licensable (through multiple tiers) license to the MannKind Technology in order for Pulmatrix to Exploit the Cricket Device for the inhaled delivery of DHE in any formulation whatsoever, including PUR31000, for the treatment or prevention of any disease or condition in humans.
Section 2.2: MannKind Non-Exclusive License Grant to Pulmatrix.
Subject to the terms and conditions of this Agreement, MannKind hereby grants to Pulmatrix, and Pulmatrix hereby accepts, a worldwide, fully paid up, royalty-free, non-exclusive, sub-licensable (through multiple tiers) license to the MannKind Technology in order for Pulmatrix to Exploit the Cricket Device for the inhaled delivery of any dry powder formulation of one more active pharmaceutical ingredients formulated for the treatment or prevention of Neurological Disease.
Section 2.3: Pulmatrix Exclusive License Grants to MannKind.
(a) Subject to the terms and conditions of this Agreement, Pulmatrix hereby grants to XxxxXxxx, and XxxxXxxx hereby accepts, a worldwide, fully paid up, royalty-free, exclusive, sub-licensable (through multiple tiers) license to the Pulmatrix Technology in order for MannKind to Exploit formulations of iSPERSE formulation with Clofazimine for inhalation by humans for the treatment or prevention of infection.
(b) Subject to the terms and conditions of this Agreement, Pulmatrix hereby grants to MannKind, and XxxxXxxx hereby accepts, a worldwide, fully paid up, royalty-free, exclusive, sub-licensable (through multiple tiers) license to the Pulmatrix Technology in order for MannKind to Exploit formulations of iSPERSE with one more active pharmaceutical ingredients for inhalation for the treatment or prevention of NTM.
(c) Subject to the terms and conditions of this Agreement, Pulmatrix hereby grants to XxxxXxxx, and XxxxXxxx hereby accepts, a worldwide, fully paid up, royalty-free, exclusive, sub-licensable (through multiple tiers) license to the Pulmatrix Technology in order for MannKind to Exploit formulations of iSPERSE with insulin for inhalation by humans for the treatment or prevention of diabetes.
Section 2.4: Pulmatrix Non-Exclusive License Grants to MannKind.
(a) Subject to the terms and conditions of this Agreement, Pulmatrix hereby grants to MannKind, and XxxxXxxx hereby accepts, a worldwide, fully paid up, royalty-free, non-exclusive, sub-licensable (through multiple tiers) license to the Pulmatrix Technology in order for MannKind to Exploit formulations of iSPERSE with one or more active pharmaceutical ingredients for inhalation for the treatment or prevention of Endocrine Disease.
(b) Subject to the terms and conditions of this Agreement, Pulmatrix hereby grants to XxxxXxxx, and MannKind hereby accepts, a worldwide, fully paid up, royalty-free, non-exclusive, sub-licensable (through multiple tiers) license to the Pulmatrix Technology in order for MannKind to Exploit formulations of iSPERSE with one or more active pharmaceutical ingredients for inhalation for the treatment or prevention of ILD.
Section 2.5: No Implied Licenses; Negative Covenant.
Except as otherwise specifically set forth herein, only the licenses granted pursuant to the express terms of this Agreement shall be of any legal force and effect. No license or other intellectual property rights shall be created by implication in any Patents, technology and/or proprietary information owned by a Party, even if such Patents, technology, or proprietary information is necessary to exploit the Licensed Technology. Neither Party shall, and neither Party shall permit any of its Affiliates or sublicensees to, practice any Licensed Technology licensed to it by the other Party outside the scope of the licenses granted to it under this Agreement.
Section 2.6: Scope
(a) For the avoidance of doubt, the foregoing licenses set forth in this Article 2 are royalty free and not limited by territory.
(b) The licenses set forth in this Article 2 to Pulmatrix do not include the right for Pulmatrix to manufacture or have manufactured the Cricket Device.
(c) The licenses set forth in this Article 2 to Pulmatrix do not include rights to any Know-How, Patents or other rights covering any active ingredient, formulation technology or other proprietary product other than the Cricket Device itself.
(d) The licenses set forth in this Article 2 shall not include rights to any Know-How, Patents or other intellectual property rights in-licensed or acquired by Licensor from a Third Party after the Effective Date unless the applicable Licensee agrees in writing (i) to be bound by the terms and conditions of any applicable Third Party agreement granting Licensor Control of such Know-How, Patents or other intellectual property rights and (ii) to pay all payments owed to such Third Party that are attributable to Licensee’s use of such Know-How, Patents or other intellectual property rights under this Agreement.
Section 2.7 Sublicenses.
Subject to the terms and conditions of this Agreement, each Party may grant sublicenses through multiple tiers, under any or all of the rights granted in Section 2.1, Section 2.2, Section 2.3 and Section 2.4, as applicable, to its Affiliates and to Third Parties (each such Affiliate or Third Party, a “Sublicensee” and each such agreement, a “Sublicense”). Each Sublicense shall be consistent with the terms and conditions of this Agreement applicable to the scope of the sublicense granted to such Sublicensee. Each Party shall promptly notify the other Party in writing of any Sublicense granted to a Third Party (other than non-exclusive Sublicenses granted to Third Party service providers or vendors providing services on such Party’s behalf) and shall provide the other Party with a copy of such Sublicense; provided, that such Party may redact any confidential or financial information contained therein that is unnecessary for the other Party to confirm compliance with this Agreement.
Section 2.8 Trademarks.
(a) MannKind Trademarks. The licenses set forth in this Article 2 to Pulmatrix include the right for Pulmatrix to use the MannKind Trademarks solely in connection with the Exploitation of Products within the scope of the licenses granted to Pulmatrix under this Article 2. Pulmatrix shall, and shall ensure that its Affiliates and Sublicensees will not, adapt or make any use of any Trademark that is confusingly similar to any MannKind Trademark or any Trademark that MannKind or its Affiliates use to designate its corporate name. All use of the MannKind Trademarks shall be consistent with the MannKind Trademark style and usage provisions as identified by XxxxXxxx to Pulmatrix in writing. All goodwill generated from the use of the MannKind Trademarks shall inure to the benefit of and is hereby assigned to MannKind. MannKind shall have the sole right to prosecute, enforce and defend the MannKind Trademarks.
(b) Pulmatrix Trademarks. The licenses set forth in this Article 2 to MannKind include the right for XxxxXxxx to use the Pulmatrix Trademarks solely in connection with the Exploitation of Products within the scope of the licenses granted to MannKind under this Article 2. MannKind shall, and shall ensure that its Affiliates and Sublicensees will not, adapt or make any use of any Trademark that is confusingly similar to any Pulmatrix Trademark or any Trademark that Pulmatrix or its Affiliates use to designate its corporate name. All use of the Pulmatrix Trademarks shall be consistent with the Pulmatrix Trademark style and usage provisions as identified by Pulmatrix to MannKind in writing. All goodwill generated from the use of the Pulmatrix Trademarks shall inure to the benefit of and is hereby assigned to Pulmatrix. Pulmatrix shall have the sole right to prosecute, enforce and defend the Pulmatrix Trademarks.
Section 2.9 Technology Transfer.
(a) Transfer to MannKind. Within thirty (30) days after the Effective Date, Pulmatrix shall provide MannKind with the Pulmatrix Know-How and all regulatory materials (including Regulatory Approvals) specifically relating to iSPERSE. On an ongoing basis thereafter, at the reasonable request of XxxxXxxx, Pulmatrix shall provide MannKind with copies of any Pulmatrix Know-How generated since the last such transfer under this Section 2.8.
(b) Transfer to Pulmatrix. Within thirty (30) days after the Effective Date, XxxxXxxx shall provide Pulmatrix with the MannKind Know-How and all regulatory materials (including Regulatory Approvals) specifically relating to the Cricket Device. On an ongoing basis thereafter, at the reasonable request of Pulmatrix, XxxxXxxx shall provide Pulmatrix with copies of any MannKind Know-How generated since the last such transfer under this Section 2.8.
ARTICLE 3 PATENT PROSECUTION AND MAINTENANCE; PATENT ENFORCEMENT
Section 3.1: Patent Prosecution and Maintenance.
Each Party, as Patent Owner, shall have the first right to Prosecute and Maintain any and all Patents Controlled by such Party that are included in such Party’s Licensed Technology, at its own cost. If a Patent Owner decides not to: (i) prosecute certain patent applications within the Licensed Technology to issuance or (ii) maintain any United States or foreign issued Patent within the Licensed Technology, the Patent Owner shall timely notify the Licensee of such Patent in writing thereof and solely to the extent the Patent Owner owns such Patent, upon written request by the Licensee, the Parties shall cooperate to transfer the ownership of such Patent to the Licensee, provided, that the Patent Owner shall retain a worldwide, irrevocable, perpetual, fully paid up, royalty-free, exclusive, transferable, sublicensable (through multiple tiers) license to and under the transferred Patent in any field of use. The preceding sentence shall not apply to any patent applications within the Licensed Technology that will be abandoned for the pursuit of a utility application in the case of a provisional application, a divisional or continuation application in the case of any utility application, any national stage applications in the case of a Patent Cooperation Treaty (PCT) application, or countries not validated in the case of a European or other regional patent application. Before any Party makes a filing or extension on any Patent included in such Party’s Licensed Technology, the Patent Owner shall consider in good faith any reasonable comments thereto provided by the other Party in connection with the prosecution of such Patents. Pulmatrix shall promptly provide XxxxXxxx with copies of all material communications from any patent authority regarding the Pulmatrix Patents, and shall provide MannKind, for its review and comment, with drafts of any material filings or responses to be made to such patent authorities in a reasonable amount of time in advance of submitting such filings or responses.
Section 3.2: Infringement Procedures.
During the term of this Agreement, each Party shall promptly inform the other of any suspected infringement, misuse, misappropriation, theft or breach of confidence of other proprietary rights in the Licensed Technology by a Third Party in the other Party’s exclusive field of use as provided in Article 2 (collectively “Third Party Activities”), and with respect to such activities as are suspected. MannKind shall have the sole right, but not the obligation, to institute an action or proceeding against Third Party Activities related to the MannKind Patents and to defend any declaratory judgment action relating to the MannKind Patents. For Third Party Activities involving the Pulmatrix Patents in MannKind’s exclusive field of use as provided in Article 2, MannKind shall have the sole right, but not the obligation, to institute an action or proceeding against Third Party Activities and defend any declaratory judgment action relating thereto and Pulmatrix shall have the right, but not the obligation, to join any such suit, legal action or proceeding that is initiated by XxxxXxxx with respect to the Pulmatrix Patents, at MannKind’s cost. Pulmatrix shall, where necessary, furnish a power of attorney solely for such purpose, or be named as a necessary party, to such action, at XxxxXxxx’s cost. Pulmatrix will reasonably cooperate with XxxxXxxx in such action. In addition, notwithstanding anything to the contrary contained herein, if Pulmatrix cooperates in such action, such cooperation shall be at MannKind’s sole expense. All recoveries, whether by judgment, award, decree or settlement, from infringement or misuse of Licensed Technology under this Section 3.2 shall be apportioned as follows: (a) MannKind shall recover an amount equal the costs and expenses incurred by XxxxXxxx directly related to the prosecution of such action or proceeding and Pulmatrix shall recover any unreimbursed costs and expenses incurred by Pulmatrix, if any, directly related to its cooperation in the prosecution of such action or proceeding (which amounts shall be allocated pro rata if insufficient to cover the totality of such costs and expenses) and (b) the remainder shall be allocated to the Party bringing the action.
Section 3.3: Consent to Settle.
A settlement, consent judgment or other voluntary final disposition of an action covered by an action covered by Section 3.2 may be entered into by the party instituting such action without the consent of the non-enforcing Party; provided, however, that any such settlement, consent judgment or other disposition shall not, without the prior written consent of the non-enforcing Party, (a) impose any liability or obligation on the non-enforcing Party or any of its Affiliates, or (b) admit the invalidity or unenforceability of, or otherwise impair or materially adversely affect the scope of, any Patent owned or controlled by the non-enforcing Party, such consent to not be unreasonably withheld, conditioned or delayed.
Section 3.4: Defense of Infringement Claims.
If any Third Party asserts a claim, demand, action, suit or proceeding against a Licensee (or any of its sublicensees), alleging that the use or practice of the Licensed Technology, infringes, misappropriates or violates the intellectual property rights of any Person (any such claim, demand, action, suit or proceeding being referred to as an “Infringement Claim”), the Licensee shall promptly notify the Patent Owner in writing specifying the facts, to the extent known, in reasonable detail. In the case of any such Infringement Claim, the Licensee shall assume control of the defense and shall have the exclusive right to settle any Infringement Claim against the Licensee without the consent of the Patent Owner; provided, however, if such settlement requires any payment from the Patent Owner, imposes any obligation or liability on the Patent Owner or decreases the Patent Owner’s rights or interests under this Agreement, the Licensee shall be required to obtain the Patent Owner’s consent, which consent will not be unreasonably withheld.
ARTICLE 4 TERM; TERMINATION
Section 4.1: Term. This Agreement shall commence upon the Effective Date and, unless earlier terminated pursuant to this Article 4, shall expire, on a country-by-country basis, on the date of expiration of the last Valid Claim of the Patents in the Licensed Technology. Upon the expiration of the Term for a particular country, the licenses granted under Section 2.1 with respect to such country shall become perpetual and irrevocable. If the Effective Date has not occurred by July 31, 2024, then this Agreement shall be void ab initio as if it was never executed by the parties.
Section 4.2: Termination for Breach. If either Party believes that the other is in breach of its material obligations hereunder, then the non-breaching Party may deliver notice of such breach to the other Party. For all breaches other than a failure to make a payment as set forth in this Agreement, the allegedly breaching Party shall have sixty (60) days from such notice to dispute or cure such breach. If the Party receiving notice of breach fails to cure, or fails to dispute, that breach within the applicable period set forth above, then the Party originally delivering the notice of breach may terminate this Agreement effective on written notice of termination to the other Party.
Section 4.3: Termination for Bankruptcy. Either Party may terminate this Agreement in its entirety upon written notice to the other Party in the event that (a) a case is commenced by or against such other Party under applicable bankruptcy, insolvency or similar laws, which case, if commenced against (not by) such other Party, is not dismissed within ninety (90) days of the commencement thereof, (b) such other Party files for bankruptcy, reorganization, liquidation, receivership or similar proceedings, (c) such other Party assigns all or a substantial portion of its assets for the benefit of creditors, (d) a receiver or custodian is appointed for such other Party’s business, (e) a substantial portion of such other Party’s business is subject to attachment or similar process or (f) anything analogous to any of the events described in the foregoing clauses (a) through (f) occurs under the laws of any applicable jurisdiction.
Section 4.4: Effects of Termination.
(a) Termination by XxxxXxxx. Upon termination of this Agreement by XxxxXxxx pursuant to Section 4.2 or Section 4.3: (i) all rights and licenses granted by XxxxXxxx to Pulmatrix under this Agreement shall terminate and revert to MannKind, (ii) all rights and licenses granted by Pulmatrix to MannKind under this Agreement shall survive and become perpetual and irrevocable, and (iii) at the request of MannKind, Pulmatrix shall return, or at the election of XxxxXxxx, destroy, and thereafter provide XxxxXxxx with written certification evidencing such destruction, all data, files, records and other materials in its or its Affiliates’ or Sublicensees’, possession or control containing or comprising XxxxXxxx’s Confidential Information; provided, that Pulmatrix shall be entitled to retain one (1) copy XxxxXxxx’s Confidential Information solely for litigation or archival purposes and Pulmatrix shall not be required to delete any of XxxxXxxx’s Confidential Information that is stored automatically, such as through server backup processes.
(b) Termination by Xxxxxxxxx. Upon termination of this Agreement by Pulmatrix pursuant to Section 4.2 or Section 4.3: (i) all rights and licenses granted by Pulmatrix to MannKind under this Agreement shall terminate and revert to Pulmatrix, (ii) all rights and licenses granted by XxxxXxxx to Pulmatrix under this Agreement shall survive and become perpetual and irrevocable, and (iii) at the request of Pulmatrix, MannKind shall return, or at the election of Pulmatrix, destroy, and thereafter provide Pulmatrix with written certification evidencing such destruction, all data, files, records and other materials in its or its Affiliates’ or Sublicensees’, possession or control containing or comprising Pulmatrix’s Confidential Information; provided, that XxxxXxxx shall be entitled to retain one (1) copy Pulmatrix’s Confidential Information solely for litigation or archival purposes and MannKind shall not be required to delete any of Pulmatrix’s Confidential Information that is stored automatically, such as through server backup processes.
ARTICLE 5 INDEMNIFICATION
Section 5.1: Pulmatrix Indemnity.
Pulmatrix shall indemnify, defend, and hold harmless MannKind and its Affiliates and their respective officers, shareholders, members, managers, directors, employees, personnel and agents (the “MannKind Indemnitees”) from and against all damages or other amounts payable to a Third Party claimant (including liabilities, costs, expenses, reasonable attorneys’ fees, damages and losses resulting from the foregoing) (collectively, “Losses”) resulting from any claims, actions, causes of action or demands, brought by or on behalf of a Third Party (collectively, “Claims”) arising out of or in connection with: (a) any breach of any of Pulmatrix’s representations, warranties, covenants, and obligations under this Agreement, (b) any violation of applicable law by Pulmatrix, its Affiliates or its sublicensees; (c) infringement of intellectual property rights of a Third Party arising from Pulmatrix’s use of the MannKind Technology; (d) the development, commercialization, marketing or sale of any Product by Pulmatrix, its Affiliates and Sublicensees, and (e) Pulmatrix’s, its Affiliates’ or its Sublicensees’ gross negligence, willful misconduct or fraudulent conduct. Pulmatrix shall not be responsible to, nor shall it indemnify, defend or hold harmless MannKind for any Claims to the extent arising from any negligent act or omission or willful misconduct of any MannKind Indemnitee or a Claim for which XxxxXxxx would be required to indemnify Pulmatrix under this Agreement. This Section 5.1 shall survive any termination or expiration of this Agreement.
Section 5.2: MannKind Indemnity.
MannKind shall indemnify, defend, and hold harmless Pulmatrix and its Affiliates and their respective officers, shareholders, members, managers, directors, employees, personnel and agents (the “Pulmatrix Indemnitees”) from and against all Losses resulting from any Third Party Claims arising out of or in connection with: (a) any breach of any of MannKind’s representations, warranties, covenants, and obligations under this Agreement, (b) any violation of applicable law by MannKind, its Affiliates or its sublicensees; (c) any Third Party claim of infringement of intellectual property rights of such Third Party arising from MannKind’s use of the Pulmatrix Technology; (d) the development, commercialization, marketing or sale of any Product by or on behalf of MannKind, its Affiliates or Sublicensees; and (e) MannKind’s, its Affiliates or its Sublicensees gross negligence, willful misconduct or fraudulent conduct. XxxxXxxx shall not be responsible to, nor shall it indemnify, defend or hold harmless Pulmatrix for any Claims to the extent arising from any negligent act or omission or willful misconduct of any Pulmatrix Indemnitee or a Claim for which Pulmatrix would be required to indemnify MannKind under this Agreement. This Section 5.2 shall survive any termination or expiration of this Agreement.
Section 5.3: Procedure.
The indemnified Party shall promptly notify the indemnifying Party in writing of any Claim for which it believes it is entitled to indemnification hereunder. Failure or delay in providing such notice shall not relieve the indemnifying Party of its indemnification obligations, except to the extent the indemnifying Party demonstrates that the defense or settlement of the Claim has been prejudiced thereby. Subject to the provisions below in this Section 5.3, the indemnifying Party shall have the right to control the defense and settlement of any Claim, or may at any time tender control of the defense or settlement of such Claim to the indemnified Party. The indemnified Party may, at its own cost, elect to participate in the defense or settlement of any Claim with counsel of its choice. No compromise or settlement may be committed to by the indemnifying Party without the indemnified Party’s prior written approval (which shall not be unreasonably withheld, conditioned or delayed).
ARTICLE 6 LIMITATION OF LIABILITY
Section 6.1: WAIVER OF CONSEQUENTIAL DAMAGES.
EXCEPT FOR BREACHES OF ARTICLE 7, IN NO EVENT SHALL EITHER PARTY, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR FOR ANY LOST PROFITS OR REVENUES, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, EXCEPT TO THE EXTENT THAT A PARTY IS LIABLE TO A THIRD PARTY FOR THE SAME IN CONNECTION WITH A CLAIM FOR WHICH SUCH PARTY IS ENTITLED TO INDEMNIFICATION UNDER ARTICLE 5.
Section 6.2: LIMITATION OF LIABILITY.
EXCEPT FOR BREACHES OF ARTICLE 7 OR DAMAGES AVAILABLE TO A THIRD PARTY IN CONNECTION WITH A CLAIM FOR WHICH SUCH PARTY IS ENTITLED TO INDEMNIFICATION UNDER ARTICLE 5, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER, FOR ANY REASON AND UPON ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED $1,000,000, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE AND SHALL NEVER BE DEEMED TO FAIL IN THEIR ESSENTIAL PURPOSE.
Section 6.3: Insurance.
Each Party shall procure and maintain insurance, including product liability insurance, with respect to its activities hereunder that is consistent with normal business practices of prudent companies similarly situated at all times during which any product subject to a license granted to such Party under this Agreement is being clinically tested in human subjects or commercially distributed or sold. Each Party shall provide the other Party with evidence of such insurance upon request and shall provide the other Party with written notice at least sixty (60) days prior to the cancellation, non-renewal or material decrease in such insurance. Such insurance shall not be construed to create a limit of either Party’s liability with respect to its indemnification obligations under Article 5.
ARTICLE 7 CONFIDENTIALITY
Section 7.1: Definition of Confidentiality.
For purposes of this Agreement, “Confidential Information” of a Party means any non-public information or materials belonging to, concerning or in the possession or control of such Party or its Affiliates (the “Disclosing Party”) that is furnished, disclosed or otherwise made available (directly or indirectly) to the other Party (or Persons acting on such other Party’s behalf) (the “Receiving Party”) in connection with this Agreement and which is either marked or identified as confidential or proprietary or is of a type that a reasonable person would recognize it to be confidential or proprietary.
Section 7.2: Confidentiality Obligations.
The Receiving Party shall: (a) hold the Confidential Information in strict confidence and avoid the disclosure thereof to any Third Party by using the same degree of care as it uses to avoid the unauthorized use or disclosure of its own Confidential Information of a similar nature, but not less than reasonable care; and (b) not use the Confidential Information for any purpose except as contemplated under this Agreement. Should a Party become possessed of a trade secret of a Disclosing Party under the terms of this Agreement, the Receiving Party shall not, during the term and thereafter, disclose such trade secret to a Third Party. The Receiving Party shall restrict the possession and use of Confidential Information to its employees, agents, consultants, contractors, personnel, Affiliates and Sublicensees who have a need to know and are bound by confidentiality obligations no less stringent than those contained herein. The Receiving Party may disclose Confidential Information as required by applicable law, provided the Receiving Party discloses only such information as is required by applicable law and, if permitted by applicable law, uses reasonable efforts to notify the Disclosing Party of such disclosure and provides reasonable assistance to the Disclosing Party in seeking a protective order or similar confidential treatment at Disclosing Party’s expense. The Receiving Party shall promptly notify the Disclosing Party of any facts known to the Receiving Party regarding any unauthorized disclosure or use of Confidential Information. Each Party acknowledges that its breach of the obligations set forth in this Section 7.2 may cause irreparable harm for which the other Party shall be entitled to seek injunctive or other equitable relief. All Confidential Information shall remain the exclusive property of the Disclosing Party.
Section 7.3: Limitations.
Confidential Information shall not include any information to the extent that such information: (a) was demonstrably known by the Receiving Party before disclosure by the Disclosing Party, (b) becomes generally publicly known other than through any act or omission of the receiving Party in breach of this Agreement, (c) was disclosed to the Receiving Party free of any obligation of confidentiality by a Third Party who has a legal right to make such disclosure; or (d) is independently developed by the Receiving Party by persons without access to such information.
Section 7.4: Residual Rights.
Each Party acknowledges and agrees that the other Party, its Affiliates and their respective employees and agents shall be free to use and employ their general skills, ideas, concepts, know-how and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques or skills gained or learned during the course of any activities performed hereunder, subject to its obligations respecting the other Party’s Confidential Information pursuant to this Article 7. Each Party acknowledges and agrees that to the extent any former employee of one Party becomes an employee of the other Party, such employee shall be free to use Confidential Information of such Party that was its former employer within the scope of the licenses granted under this Agreement to the Party that it is current employer.
Section 7.5: Terms of the Agreement.
(a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in this Section 7.5 or Section 7.2. In addition, a Party may disclose such terms to the extent reasonably necessary to be disclosed to any bona fide potential or actual investor, acquiror, licensee or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, license or merger; provided that in connection with such disclosure, such Party shall inform each disclosee of the confidential nature of such Confidential Information and ensure that each such disclosee is contractually obligated to treat such Confidential Information as confidential.
(b) The Parties acknowledge that either or both Parties may be obligated to file under applicable laws a copy of this Agreement with the U.S. Securities and Exchange Commission or other Governmental Body. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of the commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment and shall reasonably consider and incorporate the other Party’s reasonable comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed. Each Party shall have the right to repeat disclosure any information that has already been publicly disclosed by such Party in accordance with this Section 7.5 without the obligation to repeat this process under this Section 7.5, provided such information remains accurate as of such time of repeated disclosure.
ARTICLE 8 REPRESENTATIONS AND WARRANTIES AND OTHER AGREEMENTS
Section 8.1: Mutual Representations and Warranties.
Each Party represents and warrants to the other Party as of the Effective Date that such first Party has: (a) all requisite legal and corporate power to execute and deliver this Agreement; (b) taken all corporate action necessary for the authorization, execution and delivery of this Agreement; (c) no agreement or understanding with any Third Party that interferes with or will interfere with the performance of their respective obligations under this Agreement; (d) obtained and shall maintain all rights, approvals and consents necessary to perform their respective obligations under this Agreement; (e) taken all action required or necessary to make such agreements legal, valid and binding obligations upon them; and (f) it has the right to grant the licenses to the other which are granted in this Agreement and it has not granted any license, option, right or interest in, to or under its Licensed Technology to any Third Party that is inconsistent with the license granted to the other Party under this Agreement. Each Party further represents and warrants to the other Party as of the Effective Date that, to its knowledge, none of its Licensed Technology infringes on the rights of any Third Party. MannKind further represents and warrants to Pulmatrix as of the Effective Date that (x) all of the Patents and Know-How controlled by XxxxXxxx that are necessary or reasonably useful to Exploit the Cricket Device in the fields of use licensed to Pulmatrix under Article 2 are owned by XxxxXxxx and not in-licensed from a Third Party and (y) all of the Patents owned by MannKind that are necessary or reasonably useful to Exploit the Cricket Device in the fields of use licensed to Pulmatrix under Article 2 are set forth on Schedule 2. Pulmatrix further represents and warrants to MannKind as of the Effective Date that (1) all of the Patents and Know-How controlled by Pulmatrix that are necessary or reasonably useful to Exploit iSPERSE in the fields of use licensed to MannKind under Article 2 are owned by Pulmatrix and not in-licensed from a Third Party and (2) all of the Patents owned by Pulmatrix that are necessary or reasonably useful to Exploit iSPERSE in the fields of use licensed to MannKind pursuant to Article 2 are set forth on Schedule 1.
Section 8.2: Disclaimer.
NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN SECTION 8.1, AND EACH PARTY EXPRESSLY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE OR ANY REPRESENTATION OR WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
Section 8.3 Other Agreements.
(a) Regulatory Assistance.
(i) Pulmatrix shall, at MannKind’s request and expense, provide reasonable assistance with respect to regulatory matters concerning the Exploitation of iSPERSE by or on behalf of MannKind or its Sublicensees within the scope of MannKind’s licenses under this Agreement, including (x) assistance with respect to regulatory filings required to obtain or maintain Regulatory Approval for MannKind’s or its Sublicensees’ Products and (y) providing MannKind with regulatory materials in its possession or control that are necessary or reasonably useful for MannKind to obtain or maintain Regulatory Approval for MannKind’s or its Sublicensees’ Products.
(ii) MannKind shall, at Pulmatrix’s request and expense, provide reasonable assistance with respect to regulatory matters concerning the Exploitation of the Cricket Device by or on behalf of Pulmatrix or its Sublicensees within the scope of Pulmatrix’s licenses under this Agreement, including (x) assistance with respect to regulatory filings required to obtain or maintain Regulatory Approval for Pulmatrix’s or its Sublicensees’ Products and (y) providing Pulmatrix with regulatory materials in its Control that are necessary or reasonably useful for Pulmatrix to obtain or maintain Regulatory Approval for Pulmatrix’s or its Sublicensees’ Products.
(b) Remedial Actions. Each Party will notify the other Party immediately, and promptly confirm such notice in writing, if it obtains information indicating that any Product being Exploited by such Party may be subject to any recall, market withdrawal, clinical hold, or any other similar corrective or other regulatory action with respect to such Product taken by virtue of applicable law (a “Remedial Action”). The Parties will reasonably assist each other in gathering and evaluating such information as is necessary to determine the necessity of conducting a Remedial Action and preparing and maintaining corresponding documentation, as well as, if necessary, making any required submissions to the applicable Governmental Body. The Party Exploiting such Product subject to the Remedial Action shall be solely responsible for all costs and expenses associated with such Remedial Action.
(c) Regulatory Approvals. Each Party shall have the right to apply for and maintain, at its own cost and expense, all regulatory approvals of the Products being developed by such Party. Subject to Section 8.3(a), each Party shall be responsible for and have sole discretion over the preparation of all regulatory materials and all communications and interactions with the applicable regulatory authorities or other Governmental Bodies with respect to the Products being developed by such Party, both prior to and subsequent to Regulatory Approval.
(d) Manufacture and Supply.
(i) At the request of Xxxxxxxxx, the Parties agree to promptly negotiate in good faith and enter into supply agreements for the clinical and commercial supply of the Cricket Device to Pulmatrix.
(ii) Without limiting the generality of Section 2.9, at the request of XxxxXxxx, Pulmatrix will (x) transfer to MannKind all Know-How and materials related to manufacturing using iSPERSE (including all CMC related information) as necessary or reasonably useful to enable MannKind or its Third Party contract manufacturer to manufacture using iSPERSE and (y) provide MannKind with reasonable technical assistance and support at MannKind’s reasonable cost and expense with respect to manufacturing using iSPERSE.
(e) Pulmatrix Licensed Technology Transaction Notice. If, during the Term, Pulmatrix or any of its Affiliates determines to initiate or otherwise engages in discussions with a Third Party (other than Teva Pharmaceutical Industries Ltd) regarding the assignment, transfer or sale of Pulmatrix’s or its Affiliate’s right, title and interest in and to all or substantially all of the Pulmatrix Licensed Technology, then Pulmatrix shall provide notice thereof to MannKind. At the request of MannKind after receipt of any such notice, (i) Pulmatrix will, on a non-exclusive basis (unless otherwise agreed to by the Parties), engage in good faith negotiations with XxxxXxxx regarding such potential assignment, transfer or sale and (ii) Pulmatrix will provide MannKind with a high-level summary of data, results, and other material information that is relevant to the Pulmatrix Licensed Technology.
(f) Ownership of Inventions. As between the Parties, each Party shall own all right, title and interest in and to all inventions and intellectual property rights made solely by or on behalf of its or its Affiliates’ employees, agents, or independent contractors in exercising its rights under this Agreement.
(g) Project Technology. Notwithstanding anything to the contrary under the Pulmatrix Services Agreement, Pulmatrix hereby assigns and transfers to MannKind all of its right, title and interest in and to Project Technology (as such term is defined in the Pulmatrix Services Agreement) generated by or on behalf of Pulmatrix in performance of the services under the Pulmatrix Services Agreement and Pulmatrix agrees to take, and to cause its employees, agents, and consultants to take, all further acts reasonably required to evidence such assignment and transfer to XxxxXxxx, at MannKind’s reasonable expense.
ARTICLE 9 ADDITIONAL PROVISIONS
Section 9.1: Further Assurances.
Each Party covenants and agrees to execute and deliver or cause to be executed and delivered to the other Party such instruments or further assurances as may, in the reasonable opinion of such other Party, be necessary or desirable to give effect to the provisions of this Agreement.
Section 9.2: Notices.
All notices required or permitted under this Agreement shall be in writing and delivered via overnight mail or overnight courier service, signature proof of receipt required. Notices shall be directed to the addresses set forth below and shall be deemed effective upon receipt. Either Party may change its address for notices from time to time by providing written notice to the other Party.
If to MannKind:
MannKind Corporation
Attn: General Counsel
00000 Xxxxxxx Xxxxx Xxxx, Xxxxx 000
Westlake Village, CA 91362
Email: xxxxx@xxxxxxxxxxxx.xxx
If to Pulmatrix:
Attn: Xxx Xxxx, CEO
000 Xxxxxxx Xxxxxx
Framingham MA 01701
Email: xxxxx@xxxxxxxxx.xxx
Section 9.3: Assignment.
The Agreement shall be binding on the Parties and their successors and permitted assigns. Neither Party shall assign, transfer or delegate any of its rights, duties or obligations under this Agreement, or any part thereof, whether by operation of law or otherwise, without the prior written consent of the other Party, provided that either Party shall be entitled to assign or transfer this Agreement in connection with the sale or acquisition of all or substantially all of its business to which this Agreement relates, whether by merger, sale of stock, sale of assets or otherwise. Any assignment in violation of this paragraph shall be void ab initio.
Section 9.4: Publicity; Press Releases.
Except as permitted pursuant to Section 7.4 or as otherwise required by applicable law, (a) neither Party shall, without the prior written consent of the other Party which shall not be unreasonably withheld, issue any press releases or make any public statements concerning the existence of or activities under this Agreement and (b) the Parties will mutually agree upon the content and timing of any press release announcing the execution of this Agreement or otherwise relating to the terms of this Agreement.
Section 9.5: Modifications; Waiver.
This Agreement may be modified only pursuant to a writing executed by authorized representatives of both Parties. The Parties expressly disclaim the right to claim the enforceability of any oral modifications to this Agreement or any amendments based on course of dealing, waiver, reliance, estoppel or other similar legal theory. No delay or omission by either Party to exercise any right occurring upon any non-compliance or default of the other Party with respect to any of the terms of this Agreement shall impair any such right or be construed to be a waiver thereof.
Section 9.6: No Third Party Beneficiaries.
This Agreement is for the sole benefit of the Parties and their successors and permitted assigns and nothing herein, express or implied, shall give or be construed to give any Person other than the Parties any legal or equitable rights hereunder.
Section 9.7: Severability.
In the event any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law, such provision shall be amended and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of this Agreement shall continue in full force and effect.
Section 9.8: Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of Delaware, without reference to the principles of conflicts of law that would apply the substantive laws of another jurisdiction. Notwithstanding the foregoing, nothing herein shall prevent either Party from commencing an action for the purpose of seeking immediate injunctive relief in the appropriate jurisdiction.
Section 9.9: Survival.
Termination or expiration of this Agreement shall not affect any rights or obligations of the Parties under this Agreement that have accrued prior to the date of termination or expiration. Any provision of this Agreement that contemplates performance or observance subsequent to any expiration or termination of this Agreement, or which is otherwise necessary to interpret the respective rights and obligations of the Parties hereunder, shall survive any expiration or termination of this Agreement and continue in full force and effect, including without limitation Section 4.1 (Term), Section 4.4 (Effects of Termination), Article 5 (Indemnification), Article 6 (Limitation of Liability), Article 7 (Confidentiality), and Article 9 (Additional Provisions).
Section 9.10: Headings; Construction.
The headings of the various sections in this Agreement are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. The Parties acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to the terms and conditions of this Agreement.
Section 9.11: Entire Agreement.
This Agreement, together with the Schedules attached hereto, sets forth the entire and exclusive agreement between the Parties as to the subject matter hereof and supersedes all prior and contemporaneous understandings, negotiations and agreements, written or oral, between the Parties.
Section 9.12: Rights in Bankruptcy
(a) The Parties intend to take advantage of the protections of Section 365(n) (or any successor provision) of the U.S. Bankruptcy Code or any analogous provisions in any other country or jurisdiction to the maximum extent permitted by applicable law. All rights and licenses granted under or pursuant to this Agreement, but only to the extent they constitute licenses of a right to “intellectual property” as defined in Section 101 of the U.S. Bankruptcy Code or in any analogous provisions in any other country or jurisdiction (as the case may be) shall be deemed to be “intellectual property” for the purposes of Section 365(n) or any analogous provisions in any other country or jurisdiction (as the case may be). The Parties shall retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code or any analogous provisions in any other country or jurisdiction, including the right to obtain the intellectual property from another entity.
(b) During the Term, Licensor shall create and maintain current copies to the extent practicable of all such intellectual property. In the event of the commencement of a bankruptcy proceeding by or against either Party under the U.S. Bankruptcy Code or any analogous provisions in any other country or jurisdiction, the Party that is not subject to such proceeding shall be entitled to a complete duplicate of (or complete access to, as appropriate) all such intellectual property (including all embodiments of such intellectual property), which, if not already in the non-subject Party’s possession, shall be promptly delivered to it upon the non-subject Party’s written request (a) after commencement of a bankruptcy proceeding, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement, or (b) if not delivered pursuant to clause (a) above because the subject Party continues to perform, upon the rejection of this Agreement by or on behalf of the subject Party.
(c) All rights of the Parties under this Section 9.12 and under the U.S. Bankruptcy Code or any analogous provisions in any other country or jurisdiction (as the case may be) are in addition to and not in substitution of any and all other rights, powers, and remedies that each Party may have under this Agreement and any other applicable laws. If a case under the U.S. Bankruptcy Code or any analogous provisions in any other country or jurisdiction (as the case may be) is commenced by or against Licensor, Licensee shall have the right to perform the obligations of Licensor hereunder with respect to such intellectual property, but neither such provision nor such performance by Licensee shall release Licensor from any such obligation or liability for failing to perform it.
(b) The Parties agree that they intend the foregoing Licensee rights to extend to the maximum extent permitted by law and any provisions of applicable contracts with Third Parties, including for purposes of the U.S. Bankruptcy Code or any analogous provisions in any other country or jurisdiction (as the case may be), (i) the right of access to any intellectual property (including all embodiments thereof) of Licensor or any Third Party with whom Xxxxxxxx contracts to perform an obligation of Licensor under this Agreement, and, in the case of the Third Party, which is necessary for the Exploitation of a product within the scope of the licenses granted to Licensee under this Agreement and (ii) the right to contract directly with any Third Party described in (i) in this sentence to complete the contracted work.
Section 9.13: Counterparts.
This Agreement may be executed in several counterparts, including by e-mail and with electronic signatures, each of which will be deemed an original, and all of which taken together shall constitute one single agreement between the Parties with the same effect as if all the signatures were upon the same instrument. An electronic signature shall be as legally effective as an original signature.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the Effective Date.
| MANNKIND CORPORATION | ||
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | Chief Executive Officer | |
| PULMATRIX, INC. | ||
| By: | /s/ Xxxxxxx Xxxx | |
| Name: | Xxxxxxx Xxxx | |
| Title: | Chief Executive Officer | |
Schedule 1
Pulmatrix Licensed Technology
| Family ID | Patent Application Title | Country | Application Number | Grant Date | Patent No. | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 61/267747 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Patent Cooperation Treaty | PCT/US2010/028961 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS | United States of America | 61/387883 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 61/387925 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 61/431242 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS | United States of America | 61/481879 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | European Patent | 10713283.9 | 15-Mar-2017 | 2410981 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | European Patent | 10713283.9_OPP | 15-Mar-2017 | 2410981 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Patent Cooperation Treaty | PCT/US2011/049435 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Australia | 2010229668 | 08-Sep-2016 | 2010229668 |
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Brazil | PI1011721-0 | 16-Nov-2021 | PI1011721-0 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Canada | 2754691 | 30-Jul-2019 | 2754691 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | China | 201080023554.3 | 23-Mar-2018 | ZL201080023554.3 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Russian Federation | 2011137960 | 16-Feb-2016 | 2577698 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | India | 7373/DELNP/2011 | 08-Sep-2021 | 376685 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Israel | 215276 | 01-Dec-2016 | 215276 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Japan | 2012-502314 | 26-Dec-2014 | 5671001 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Korea, Republic of (KR) | 00-0000-0000000 | 06-Jul-2016 | 00-0000000 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Mexico | MX/a/2011/009957 | 22-Mar-2018 | 354829 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | New Zealand | 595281 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 13/259635 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Patent Cooperation Treaty | PCT/US2011/053829 | |||||||
| PUL121 | PROCESSABLE DRY POWDERS | United States of America | 61/605083 | |||||||
| PUL121 | PROCESSABLE DRY POWDERS | United States of America | 61/607928 | |||||||
| PUL121 | PROCESSABLE DRY POWDERS | United States of America | 61/645927 |
| PUL121 | PROCESSABLE DRY POWDERS | United States of America | 61/648506 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Hong Kong | 12106373.0 | 05-Jan-2018 | 1165709 | |||||
| PUL121 | PROCESSABLE DRY POWDERS | United States of America | 61/707071 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Australia | 2011296343 | 23-Mar-2016 | 2011296343 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Canada | 2809666 | 22-Sep-2020 | 2809666 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | China | 201180052479.8 | 31-Jul-2018 | ZL201180052479.8 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | European Patent | 11751775.5 | 01-Apr-2020 | 2611438 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Israel | 224916 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Japan | 2013-527146 | 29-Jan-2016 | 5877201 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | New Zealand | 607749 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 13/817963 | 23-Jun-2015 | 9061352 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Australia | 2011308865 | 20-Apr-2017 | 2011308865 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS | Brazil | BR112013007304-7 | 14-Dec-2021 | BR112013007304-7 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Canada | 2812414 | 22-Sep-2020 | 2812414 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | China | 201180057314.X | 05-Apr-2017 | ZL201180057314.X |
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | European Patent | 11770941.0 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Israel | 225398 | 01-Apr-2018 | 225398 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | India | 2755/DELNP/2013 | 24-Sep-2019 | 321221 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Japan | 2013-531826 | 29-Jan-2016 | 5877204 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Korea, Republic of (KR) | 00-0000-0000000 | 30-Oct-2018 | 101915241 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Mexico | MX/a/2013/003478 | 22-Mar-2018 | 354828 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | New Zealand | 608834 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Russian Federation | 2013118453 | 12-Jan-2018 | 2640921 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | United States of America | 13/876312 | 09-May-2017 | 9642798 | |||||
| PUL121 | INHALABLE DRY POWDERS | Patent Cooperation Treaty | PCT/US2013/028261 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | New Zealand | 621065 | 03-Nov-2015 | 621065 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Hong Kong | 13114302.9 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Hong Kong | 14100210.8 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 14/456445 | |||||||
| PUL121 | INHALABLE DRY POWDERS | United States of America | 14/378453 | |||||||
| PUL121 | INHALABLE DRY POWDERS | European Patent | 13709666.5 | |||||||
| PUL121 | PROCESSABLE DRY POWDERS | Japan | 2014-560032 | |||||||
| PUL121 | INHALABLE DRY POWDERS | China | 201380020063.7 |
| PUL121 | INHALABLE DRY POWDERS | Australia | 2013225982 | 15-Mar-2018 | 2013225982 | |||||
| PUL121 | INHALABLE DRY POWDERS | Canada | 2865972 | 04-Jan-2022 | 2865972 | |||||
| PUL121 | INHALABLE DRY POWDERS | Israel | 234153 | |||||||
| PUL121 | INHALABLE DRY POWDERS | India | 6933/DELNP/2014 | 04-Dec-2020 | 353032 | |||||
| PUL121 | INHALABLE DRY POWDERS | New Zealand | 629722 | 04-Jul-2017 | 629722 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | New Zealand | 705080 | 01-Nov-2016 | 705080 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | New Zealand | 703804 | 30-Aug-2016 | 703804 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Japan | 2014-256325 | 08-Jul-2016 | 5964939 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | United States of America | 14/666959 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 14/667857 | 01-Sep-2015 | 9119778 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 14/717243 | 12-Jan-2016 | 9233158 | |||||
| PUL121 | INHALABLE DRY POWDERS | Hong Kong | 15105912.7 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 14/804940 | 19-Jan-2016 | 9238005 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 14/960695 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 14/954128 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | China | 201610054941.2 | 16-Aug-2019 | ZL201610054941.2 |
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Japan | 2016-011411 | 04-Aug-2017 | 6186458 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/095586 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Israel | ||||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/095319 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | European Patent | 17000124.2 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/245656 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/247040 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | United States of America | 15/277062 | 13-Aug-2019 | 10376465 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Australia | 2016269398 | 17-Jan-2019 | 2016269398 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/401215 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/401303 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | China | 201710140007.7 | 15-Jul-2022 | ZL201710140007.7 | |||||
| PUL121 | METHODS FOR PRODUCING RESPIRABLE DRY POWDERS | United States of America | 15/495450 | 17-Mar-2020 | 10589039 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/601669 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/602724 | |||||||
| PUL121 | PROCESSABLE DRY POWDERS | Japan | 2017-104816 |
| PUL121 | INHALABLE DRY POWDERS | China | 201710695234.6 | 23-Apr-2021 | ZL201710695234.6 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Japan | 2017-148309 | 31-Aug-2018 | 6392422 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/720690 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/720445 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Israel | 256360 | 01-Jul-2020 | 256360 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Hong Kong | 17113613.1 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Russian Federation | 2017144619 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | China | 201810147094.3 | 19-Nov-2021 | ZL201810147094.3 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/897274 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 15/897345 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Mexico | MX/a/2018/002638 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Belgium | 10713283.9 | 15-Mar-2017 | 2410981 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Switzerland | 10713283.9 | 15-Mar-2017 | 2410981 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Germany (Federal Republic of) | 10713283.9 | 15-Mar-2017 | 602010040750.0 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Denmark | 10713283.9 | 15-Mar-2017 | 2410981 |
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Spain | 10713283.9 | 15-Mar-2017 | 2410981 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United Kingdom | 10713283.9 | 15-Mar-2017 | 2410981 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Ireland (Republic of) | 10713283.9 | 15-Mar-2017 | 2410981 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Netherlands | 10713283.9 | 15-Mar-2017 | 2410981 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Norway | 10713283.9 | 15-Mar-2017 | 2410981 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Portugal | 10713283.9 | 15-Mar-2017 | 2410981 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Sweden | 10713283.9 | 15-Mar-2017 | 2410981 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | France | 10713283.9 | 15-Mar-2017 | 2410981 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/039547 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/036226 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Korea, Republic of (KR) | 00-0000-0000000 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/202422 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/202457 | |||||||
| PUL121 | INHALABLE DRY POWDERS | China | 201910141714.7 |
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/389178 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/389065 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS | United States of America | 16/456990 | |||||||
| PUL121 | PROCESSABLE DRY POWDERS | Japan | 2019-128556 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/559096 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/562027 | |||||||
| PUL115 | A RESPIRABLE DRY POWDER | India | 201918037611 | |||||||
| PUL115 | A RESPIRABLE DRY POWDER COMPRISING RESPIRABLE DRY PARTICLES | India | 201918037610 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Israel | 271976 | |||||||
| PUL121 | INHALABLE DRY POWDERS | United States of America | 16/752841 | 20-Oct-2020 | 10806871 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/781744 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/781704 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United Kingdom | 11751775.5 | 01-Apr-2020 | 2611438 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | Germany (Federal Republic of) | 11751775.5 | 01-Apr-2020 | 602011065994.4 | |||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | France | 11751775.5 | 01-Apr-2020 | 2611438 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Canada | 3086367 |
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/908964 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 16/914999 | |||||||
| PUL121 | INHALABLE DRY POWDERS | United States of America | 17/021709 | 01-Feb-2022 | 11235112 | |||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/086515 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/097018 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | United States of America | 63/156111 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDER FOR INHALATION | United States of America | 17/134827 | 16-Nov-2021 | 11173115 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Canada | ||||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/225362 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/221263 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/459027 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/402147 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | United States of America | 17/494241 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/555556 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | Patent Cooperation Treaty | PCT/US2022/018306 |
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/570656 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Israel | 286573 | 03-Nov-2022 | 286573 | |||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | European Patent | 21207551.9 | |||||||
| PUL121 | INHALABLE DRY POWDERS | United States of America | 17/550185 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | United States of America | 17/674898 | |||||||
| PUL121 | US_PUL121CON5_INHALABLE DRY POWDERS | United States of America | 17/724714 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/735514 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Russian Federation | 2022101759 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/747306 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | United States of America | 17/848610 | |||||||
| PUL156 | METHODS FOR TREATING CANCER USING INHALED ANGIOGENESIS INHIBITOR | United States of America | 63/399080 | |||||||
| PUL121 | INHALABLE DRY POWDERS | United States of America | 17/895963 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/941202 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 17/950188 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | United States of America | 18/050584 | |||||||
| PUL121 | INHALABLE DRY POWDERS | United States of America | 18/153041 |
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 18/160011 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 18/163922 | |||||||
| PUL115 | PUL-115EPDIV_MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Hong Kong | 42022065329.9 | |||||||
| PUL121 | INHALABLE DRY POWDERS | United States of America | 18/335544 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 18/342136 | |||||||
| PUL117 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | ||||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | United States of America | 18/194641 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 18/348265 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | United States of America | 18/454289 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | United States of America | 18/400030 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | United States of America | 18/663609 | |||||||
| PUL115 | MONOVALENT METAL CATION DRY POWDERS FOR INHALATION | Mexico | MX/a/2023/008323 | |||||||
| PUL121 | INHALABLE DRY POWDERS | United States of America | 18/502674 | |||||||
| PUL121 | INHALABLE DRY POWDERS | United States of America | 18/611131 | |||||||
| PUL156 | METHODS FOR TREATING CANCER USING INHALED ANGIOGENESIS INHIBITOR | Patent Cooperation Treaty | PCT/US2023/072395 | |||||||
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 18/515615 |
| PUL109 | DRY POWDER FORMULATIONS AND METHODS FOR TREATING PULMONARY DISEASES | United States of America | 18/626633 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | Australia | 2022228443 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | Brazil | BR112023017538-0 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | Canada | 3210442 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | China | 202280031563.X | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | European Patent | 22710901.4 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | Israel | 305506 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | India | 202317062881 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | Japan | 2023-553124 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | Korea, Republic of (KR) | 00-0000-0000000 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | Mexico | MX/a/2023/010120 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | New Zealand | 803263 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | Russian Federation | 2023122682 | |||||||
| PUL155 | DIHYDROERGOTAMINE DRY POWDER FORMULATIONS AND METHODS OF USE | United States of America | 18/548896 | |||||||
| PUL114 | RESPIRABLY DRY POWDER COMPRISING CALCIUM LACTATE, SODIUM CHLORIDE AND LEUCINE | United States of America | 13/504284 | 8758824 | ||||||
| PUL114 | RESPIRABLY DRY POWDER COMPRISING CALCIUM LACTATE, SODIUM CHLORIDE AND LEUCINE | Hong Kong | 12111251.7 | |||||||
| PUL114 | RESPIRABLY DRY POWDER COMPRISING CALCIUM LACTATE, SODIUM CHLORIDE AND LEUCINE | Switzerland | 11757713.0 | 2448571 |
| PUL114 | RESPIRABLY DRY POWDER COMPRISING CALCIUM LACTATE, SODIUM CHLORIDE AND LEUCINE | Germany | 11757713.0 | 602011002018.8 | ||||||
| PUL114 | RESPIRABLY DRY POWDER COMPRISING CALCIUM LACTATE, SODIUM CHLORIDE AND LEUCINE | France | 11757713.0 | 2448571 | ||||||
| PUL114 | RESPIRABLY DRY POWDER COMPRISING CALCIUM LACTATE, SODIUM CHLORIDE AND LEUCINE | Sweden | 11757713.0 | 2448571 | ||||||
| PUL114 | RESPIRABLY DRY POWDER COMPRISING CALCIUM LACTATE, SODIUM CHLORIDE AND LEUCINE | United Kingdom | 11757713.0 | 2448571 | ||||||
| PUL114 | RESPIRABLY DRY POWDER COMPRISING CALCIUM LACTATE, SODIUM CHLORIDE AND LEUCINE | United States of America | 14/284880 | 8992983 | ||||||
| PUL114 | RESPIRABLY DRY POWDER COMPRISING CALCIUM LACTATE, SODIUM CHLORIDE AND LEUCINE | United States of America | 14/633432 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 61/387855 | |||||||
| PUL116 | CATIONIC DRY POWDERS | Patent Cooperation Treaty | PCT/US2011/053833 | |||||||
| PUL116 | CATIONIC DRY POWDERS | Australia | 2011314007 | 04-May-2017 | 2011314007 | |||||
| PUL116 | CATIONIC DRY POWDERS | Canada | 2812417 | 22-Oct-2019 | 2812417 | |||||
| PUL116 | CATIONIC DRY POWDERS | European Patent | 11767877.1 | 07-Nov-2018 | 2621488 | |||||
| PUL116 | CATIONIC DRY POWDERS | Israel | 225399 | 28-May-2020 | 225399 | |||||
| PUL116 | CATIONIC DRY POWDERS | New Zealand | 608838 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 13/876315 | 06-Sep-2016 | 9433576 | |||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 15/220732 | 29-Aug-2017 | 9744130 | |||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 15/650255 |
| PUL116 | CATIONIC DRY POWDERS | United States of America | 15/819749 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 15/958101 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 16/129278 | |||||||
| PUL116 | CATIONIC DRY POWDERS | Belgium | 11767877.1 | 07-Nov-2018 | 2621488 | |||||
| PUL116 | CATIONIC DRY POWDERS | Switzerland | 11767877.1 | 07-Nov-2018 | 2621488 | |||||
| PUL116 | CATIONIC DRY POWDERS | Germany | 11767877.1 | 07-Nov-2018 | 602011053653.2 | |||||
| PUL116 | CATIONIC DRY POWDERS | Denmark | 11767877.1 | 07-Nov-2018 | ||||||
| PUL116 | CATIONIC DRY POWDERS | France | 11767877.1 | 07-Nov-2018 | ||||||
| PUL116 | CATIONIC DRY POWDERS | United Kingdom | 11767877.1 | 07-Nov-2018 | ||||||
| PUL116 | CATIONIC DRY POWDERS | Ireland | 11767877.1 | 07-Nov-2018 | ||||||
| PUL116 | CATIONIC DRY POWDERS | Netherlands | 11767877.1 | 07-Nov-2018 | ||||||
| PUL116 | CATIONIC DRY POWDERS | Norway | 11767877.1 | 07-Nov-2018 | ||||||
| PUL116 | CATIONIC DRY POWDERS | Sweden | 11767877.1 | 07-Nov-2018 | ||||||
| PUL116 | CATIONIC DRY POWDERS | Spain | 11767877.1 | 07-Nov-2018 | ||||||
| PUL116 | CATIONIC DRY POWDERS | Portugal | 11767877.1 | 07-Nov-2018 | ||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 16/272045 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 16/455350 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 16/675956 |
| PUL116 | CATIONIC DRY POWDERS | United States of America | 16/837541 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 17/003172 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 17/140602 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 17/349449 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 17/513289 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 17/693336 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 17/866848 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 18/061214 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 18/303612 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 18/464491 | |||||||
| PUL116 | CATIONIC DRY POWDERS | United States of America | 18/413779 |
Schedule 2
MannKind Licensed Technology
| MANNKIND REF. | ATTORNEY Ref. | Country | Serial # | File Date | Patent # | Issue Date | Status | Exp. Date | ||||||||
| A DRY POWDER INHALER AND SYSTEM FOR DRUG DELIVERY | ||||||||||||||||
| 51300-00074-AR | 51300-00074-AR | ARGENTINA | P-090102125 | 6/12/2009 | AR072114B1 | 9/15/2016 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-AR-1 | 51300-00074.1AR | ARGENTINA | 20160100755 | 3/21/2016 | AR104034B2 | 7/29/2021 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-AR-2 | 51300-00074.2 | ARGENTINA | 20160100756 | 3/21/2016 | AR104035B2 | 9/29/2023 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-AU | 51300-00074-AU | AUSTRALIA | 2009257311 | 6/12/2009 | 2009257311 | 3/19/2015 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-AU-1 | 51300-00074.1- AU | AUSTRALIA | 2014200952 | 2/24/2014 | 2014200952 | 3/26/2015 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-AU-2 | 51300-00074.2-AU | AUSTRALIA | 2014200982 | 2/24/2014 | 2014200982 | 1/14/2016 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-AU-3 | 51300-00074.3-AU | AUSTRALIA | 2014200975 | 2/24/2014 | 2014200975 | 5/21/2015 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-AU-4 | 51300-00074.4-AU | AUSTRALIA | 2015200947 | 6/12/2009 | 2015200947 | 8/24/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-BR | 51300-00074-BR | BRAZIL | XX0000000-8 | 6/12/2009 | PI09149988 | 8/3/2021 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-CA | 51300-00074-CA | CANADA | 2728230 | 6/12/2009 | 2728230 | 10/17/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-CA-1 | 51300.00325 CA DIV | CANADA | 2982550 | 6/12/2009 | 2982550 | 8/25/2020 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-CA-2 | 51300.00424 CA | CANADA | 3086027 | 6/12/2009 | 3086027 | 5/17/2022 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-CA-3 | 51300.00466 | CANADA | 3153292 | 6/12/2009 | PENDING | 6/12/2029 | ||||||||||
| 51300-00074-CN-1 | 51300.00074.1 CN | CHINA | 200980000440.4 | 6/12/2009 | CN101827626B | 3/18/2015 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-CN-3 | 51300-000175-CN | CHINA | 201410612764.6 | 6/12/2009 | 104491962 | 10/23/2018 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-CN-4 | 51300.00074.3 CN | CHINA | 201510084945.0 | 6/12/2009 | 104689432 | 7/6/2018 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-EP-1 | 51300-00074-EPDIV1 | EUROPE | 12170549.5 (EP 2570147) | 6/1/2012 | 2570147 | 10/18/2017 | VALIDATED | 6/12/2029 | ||||||||
| 51300-00074-BE-1 | 51300-00074-BE-1 | BELGIUM | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-DE-1 | 51300-00074-DE-1 | GERMANY | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-DK-1 | 51300-00074-DK-1 | DENMARK | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-ES-1 | 51300-00074-ES-1 | SPAIN | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-FR-1 | 51300-00074-FR-1 | FRANCE | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-GB-1 | 51300-00074-GB-1 | UNITED KINGDOM | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-IE-1 | 51300-00074-IE-1 | IRELAND | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-IT-1 | 51300-00074-IT-1 | ITALY | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-LI-1 | 51300-00074-LI-1 | LIECHTENSTEIN | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-LU-1 | 51300-00074-LU-1 | LUXEMBOURG | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-NL-1 | 51300-00074-NL-1 | NETHERLANDS | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-CH-1 | 51300-00074-CH-1 | SWITZERLAND | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-SE-1 | 51300-00074-SE-1 | SWEDEN | 12170549.5 | 6/1/2012 | 2570147 | 10/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-EP-2 | 51300-00074-EPDIV2 | EUROPE | EP12170583.4 | 6/1/2012 | 2567723 | 1/20/2021 | VALIDATED | 6/12/2029 | ||||||||
| 51300-00074-DE-2 | 51300-00074-DE-2 | GERMANY | EP12170583.4 | 6/1/2012 | 2567723 | 1/20/2021 | ISSUED | 6/12/2029 |
| 51300-00074-FR-2 | 51300-00074-FR-2 | FRANCE | EP12170583.4 | 6/1/2012 | 2567723 | 1/20/2021 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-GB-2 | 51300-00074-GB-2 | UNITED KINGDOM | EP12170583.4 | 6/1/2012 | 2567723 | 1/20/2021 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-EP-3 | 1951300.00323EPDIV | EUROPE | 17191023.5 | 9/14/2017 | 3281663 | 8/17/2022 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-DE-3 | 1951300.00323DEDIV | GERMANY | 17191023.5 | 9/14/2017 | 3281663 | 8/17/2022 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-FR-3 | 1951300.00323FRDIV | FRANCE | 17191023.5 | 9/14/2017 | 3281663 | 8/17/2022 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-ES-3 | 1951300.00323ESDIV | SPAIN | 17191023.5 | 9/14/2017 | 3281663 | 8/17/2022 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-IT-3 | 1951300.00323ITDIV | ITALY | 17191023.5 | 9/14/2017 | 3281663 | 8/17/2022 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-CH-3 | 1951300.00323CHDIV | SWITZERLAND | 17191023.5 | 9/14/2017 | 3281663 | 8/17/2022 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-NL-3 | 1951300.00323NLDIV | NETHERLANDS | 17191023.5 | 9/14/2017 | 3281663 | 8/17/2022 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-GB-3 | 1951300.00323GBDIV | UNITED KINGDOM | 17191023.5 | 9/14/2017 | 3281663 | 8/17/2022 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-HK-3-EP2 | 51300-00074.2HK | HONG KONG | 13110557.9 | 6/12/2009 | HK1183251 | 5/7/2021 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-HK-CN1 | 51300-00074-1-HK | Hong Kong | 11101802.3 | 2/24/2011 | HK1147706 | 1/13/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-HK-4-CN3 | 51300-00175-HK | HONG KONG | 15109097.6 | 10/27/2015 | XX0000000 | 7/12/2019 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-HK-4-CN4 | 51300-00074.3HK | HONG KONG | 15110536.3 | 9/17/2015 | HK1208389 | 10/4/2019 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-HK-6-EP3 | 51300.00370 HK | HONG KONG | 18108979.8 | 6/12/2009 | XX0000000 | 12/30/2022 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-ID | 51300-00074-ID | INDONESIA | W00201100149 | 6/12/2009 | ID P 0034130 | 7/12/2013 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-IL | 51300-00074-IL | ISRAEL | 209956 | 6/12/2009 | 209956 | 12/31/2014 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-IL-1 | 51300-00074.1-IL | ISRAEL | 227046 | 6/12/2009 | 227046 | 11/1/2016 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-IL-2 | 51300-000152IL | ISRAEL | 234322 | 6/12/2009 | 234322 | 8/30/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-IL-3 | 5130000074.2IL | ISRAEL | 246442 | 6/12/2009 | 246442 | 6/30/2018 | ISSUED | 6/12/2029 |
| 51300-00074-IL-6 | 51300.00495-IL | ISRAEL | 303019 | 5/18/2023 | PENDING | 6/12/2029 | ||||||||||
| 51300-00074-IN | 51300-00074-IN | INDIA | 252/DELNP/2011 | 6/12/2009 | 280564 | 2/22/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-IN-1 | 51300-00074.1-IN | INDIA | 201618038349 | 6/12/2009 | 422785 | 2/22/2023 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-JP-1 | 51300-00074.1-JP | JAPAN | 2013-241130 | 11/28/2013 | 5839732 | 11/20/2015 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-JP-2 | 51300-00074.2-JP | JAPAN | 2015-038046 | 2/27/2015 | PENDING | 6/12/2029 | ||||||||||
| 51300-00074-KR | 51300-00074-KR | SOUTH KOREA | 00-0000-0000000 | 6/12/2009 | 1558026 | 9/30/2015 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-KR-1 | 51300-00153-KR.2 | SOUTH KOREA | 00-0000-0000000 | 9/25/2014 | 1548092 | 8/21/2015 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-KR-2 | 51300-00154-KR.3 | SOUTH KOREA | 00-0000-0000000 | 9/25/2014 | 1591621 | 1/28/2016 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-KR-3 | 51300-00153KR.1 | SOUTH KOREA | 00-0000-0000000 | 3/23/2015 | 1655053 | 8/31/2016 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-KR-4 | 51300.00074.1KR | SOUTH KOREA | 00-0000-0000000 | 6/1/2015 | 1618515 | 4/28/2016 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-KR-5 | 51300-00154.1KR | SOUTH KOREA | 00-0000-0000000 | 6/1/2015 | 1655032 | 8/31/2016 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-MX | 51300-00074-MX | MEXICO | MX/a/2010/013590 | 6/12/2009 | 333045 | 9/8/2015 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-MX-1 | 51300-00074-MX-DIV | MEXICO | MX/a/2015/011834 | 9/7/2015 | 395141 | 8/29/2022 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-MY | 51300-00074-MY | MALAYSIA | 2010005946 | 6/12/2009 | MY 1555524-A | 10/30/2015 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-MY-1 | 51300-00074.1 MY | MALAYSIA | PI2014002366 | 8/14/2014 | MY 172371-A | 11/21/2019 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-MY-2 | 51300-00074.2 MY | MALAYSIA | PI2014002367 | 8/14/2014 | MY-176697-A | 08/19/2020 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-RU | 51300-00074-RU | RUSSIA | 2011100779 | 6/12/2009 | 2468832 | 12/10/2012 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-RU-1 | 51300-00074-RU1 | RUSSIA | 2012136220 | 6/12/2009 | 2608439 | 1/18/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-RU-2 | 51300-00074DIV2 | RUSSIA | 2016147947 | 12/7/2016 | 2731107 | 8/28/2020 | ISSUED | 6/12/2029 |
| 51300-00074-SG | 51300-00074-SG | SINGAPORE | 2010092534.0 | 6/12/2009 | 167365 | 9/4/2015 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-SG-1 | 51300-00074-SG DIV1 | SINGAPORE | 10201507036T | 6/12/2009 | 10201507036T | 6/17/2021 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-SG-2 | 51300-00074-SG DIV2 | SINGAPORE | 10201507038V | 6/12/2009 | 10201507038V | 6/17/2021 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-TW | 51300-00074-TW | TAIWAN | 98119686 | 6/12/2009 | I592178 | 7/21/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-TW-1 | 51300-00074.1TW | TAIWAN | 104124899 | 6/12/2009 | I611818 | 1/21/2018 | ISSUED | 6/12/2029 | ||||||||
| 51300-00074-US-8 | 51300.00458 US | UNITED STATES | 17/512,529 | 10/27/2021 | PENDING | |||||||||||
| 51300-00074-WO | 51300-00074-WO | WIPO | PCT/US2009/047281 | 6/12/2009 | WO 09/152477 | 12/17/2009 | NAT PHASE | ____ | ||||||||
| A DRY POWDER INHALER AND SYSTEM FOR DRUG DELIVERY | ||||||||||||||||
| 51300-00103-US | 51300.00103-US | UNITED STATES | 12/484,125 | 6/12/2009 | 8,499,757 | 8/6/2013 | ISSUED | 2/19/2032 | ||||||||
| 51300-00103-US-5 | 51300.00459 | UNITED STATES | TBA | PENDING | ||||||||||||
| A DRY POWDER INHALER AND SYSTEM FOR DRUG DELIVERY | ||||||||||||||||
| 51300-00106-US | 51300.00106-US | UNITED STATES | 12/484,129 | 6/12/2009 | 8,636,001 | 1/28/2014 | ISSUED | 7/12/2032 | ||||||||
| 51300-00106-US-4 | 51300-00106.3-US | UNITED STATES | 14/092,810 | 11/27/2013 | 9,511,198 | 12/6/2016 | ISSUED | 2/16/2030 | ||||||||
| DRY POWDER DELIVERY SYSTEM AND METHODS | ||||||||||||||||
| 51300-00124-AU | 51300.00124AU | AUSTRALIA | 2011271097 | 6/21/2011 | 2011271097.0 | 3/12/2015 | ISSUED | 6/21/2031 | ||||||||
| 51300.00124-AU-1 | 51300.00124.1AU | AUSTRALIA | 2015200705 | 6/21/2011 | 2015200705 | 9/29/2016 | ISSUED | 6/21/2031 | ||||||||
| 51300-00124-AU-2 | 51300.00124.2AU | AUSTRALIA | 2016222336 | 8/30/2016 | 2016222336 | 1/3/2019 | ISSUED | 6/21/2031 | ||||||||
| 51300-00124-CA | 51300.00124CA | CANADA | 2801936 | 6/21/2011 | 2801936 | 6/1/2021 | ISSUED | 6/21/2031 | ||||||||
| 51300-00124-IL | 51300.00124IL | ISRAEL | 223742 | 6/21/2011 | 223742 | 10/1/2016 | ISSUED | 6/21/2031 | ||||||||
| 51300-00124-IN | 51300.00124IN | INDIA | 10855/DELNP/2012 | 6/21/2011 | 313526 | 5/31/2019 | ISSUED | 6/21/2031 | ||||||||
| 51300-00124-JP | 51300.00124JP | JAPAN | 2013516701 | 6/21/2011 | 6385673 | 8/17/2018 | ISSUED | 6/21/2031 | ||||||||
| 51300-00124-MX | 51300.00124MX | MEXICO | MX/a/2012/015093 | 6/21/2011 | 359281 | 9/21/2018 | ISSUED | 6/21/2031 | ||||||||
| 51300-00124-RU | 51300.00124RU | RUSSIA | 2013102529 | 6/21/2011 | 2531455 | 10/20/2014 | ISSUED | 6/21/2031 | ||||||||
| 51300-00124-RU-1 | 51300.00124-1 RU | RUSSIA | 2014133362 | 6/21/2011 | 2571331 | 12/20/2015 | ISSUED | 6/21/2031 | ||||||||
| 51300-00124-US-3 | 51300.00249-2 (124) | UNITED STATES | 15/144,651 | 5/2/2016 | 9,662,461 | 5/30/2017 | ISSUED | 6/12/2029 | ||||||||
| 51300-00124-WO | 51300.00124WO | WIPO | PCT/US2011/041303 | 6/21/2011 | WO 11/163272 | 12/29/2011 | NAT PHASE | ____ | ||||||||
| DRY POWDER INHALER | ||||||||||||||||
| 51300-00136-AR | 51300.00136AR | ARGENTINA | 83811 | 4/20/2012 | 83811 | 4/20/2012 | ISSUED | 4/20/2027 | ||||||||
| 51300-00136-BR | 51300.00136BR | BRAZIL | BR3020120019982 | 4/20/2012 | BR3020120019982 | 2/13/2013 | ISSUED | 4/20/2037 | ||||||||
| 51300-00136-EM | 51300.00136EM | EUROPE (CTM) | 002030130-0001 | 4/20/2012 | 002030130-0001 | 7/4/2012 | ISSUED | 4/20/2037 | ||||||||
| 51300-00136-GB | 51300.00136GB | UNITED KINGDOM | 9002030130-0001 | 4/20/2012 | 9002030130-0001 | 7/4/2012 | ISSUED | 4/20/2037 | ||||||||
| 51300-00136-IN | 51300.00136IN | INDIA | 244714 | 4/20/2012 | 244714 | 8/23/2012 | ISSUED | 10/20/2026 | ||||||||
| 51300-00136-JP | 51300.00136JP | JAPAN | 2012-009290 | 4/20/2012 | 1450065 | 8/3/2012 | ISSUED | 8/3/2032 | ||||||||
| 51300-00136-KR | 51300.00136KR | SOUTH KOREA | 00-0000-0000000 | 4/20/2012 | 00-0000000 | 9/13/2013 | ISSUED | 9/13/2028 | ||||||||
| 51300-00136-MX | 51300.00136MX | MEXICO | MX/f/2012/001228 | 4/20/2012 | 38664 | 5/10/2013 | ISSUED | 4/20/2027 | ||||||||
| 51300-00136-RU | 51300.00136RU | RUSSIA | 2012501242 | 4/20/2012 | 84747 | 3/16/2013 | ISSUED | 4/20/2037 | ||||||||
| 51300-00136-TW | 51300.00136TW | TAIWAN | 101302196 | 4/20/2012 | D152925 | 4/11/2013 | ISSUED | 4/20/2024 | ||||||||
| 51300-00136-TW-1 | 51300.00136.1TW | TAIWAN | 102300650 | 1/24/2013 | D160905 | 6/1/2014 | ISSUED | 4/20/2024 | ||||||||
| 51300-00136-US | 00000.00000.XX | UNITED STATES | 29/404,464 | 10/20/2011 | D674,893 | 1/22/2013 | ISSUED | 1/22/2027 | ||||||||
