Exclusive patent licensing

While Affymetrix s early entry into the DNA microarray market afforded it a formidable position, the company has competitors. In order to commercialize the in situ array, it became clear that access to certain intellectual properties, especially the Southern patent (Oxford Gene Technologies or OGT), was required. Affymetrix obtained a license through a business relationship with Beckman Coulter which originally held the first and exclusive Southern license and later relinquished its exclusivity. Beckman Coulter and Affymetrix entered into a joint venture with Array Automation LLC to automate the processing of Affymetrix chips. Now that license to the Southern technology is available from OGT, others are permitted to commercialize in situ microarrays by alternative chemical S5mthesis approaches. 

Through Francolor, Farben gained exclusive licenses to 259 foreign patents and 53 patent applications. Some 153 of these were in France, 59 in the United States, and 100 in the other countries of the American, European, and Asiatic worlds. 

The Lagow group first entered the perfluoropolyethers field in 1977, by reacting fluorine with inexpensive hydrocarbon polyethers to prepare perfluoropolyethers. In the simplest case (Figure 14.3) poly (ethylene oxide) is converted to perfluoroethylene oxide polymer, a simple reaction chemistry that we first reported in the literature.27 As will be seen later, this direct fluorination technology as well as many new patents from Exfluor Research Corporation have been non-exclusively licensed to the 3M Corporation by the Lagow research group.3 "39... 

Optional Licenses The brand-name company for one dmg produet had the option of granting the generie eompany a non-exclusive, royalty-free lieense for the underlying patent rather than making the brand payments to the generie applieant. If the license had been granted, the generie applicant would have been able to seek approval of its ANDA and brand payments would have stopped. The brand-name company did not exercise this option. 

Over the past 20 years, The U.S. Department of Energy s (DOE s) Pacific Northwest National Laboratory (PNNL) has developed the patented MEO technology using cerium as a metal catalyst. CerOx Corporation holds as exclusive, world-wide license to market the proprietary, cerium-based MEO process. The first commercial CerOx system was sold to the University of Nevada in Reno. The technology is commercially available. 

TRIPS-plus provisions in FTAs regularly include limits on compulsory licensing prohibitions on parallel imports limiting market approval for generic drugs data exclusivity extended patent terms and evergreening" provisions. Since the U.S. often... 

Although the professor typically creates the invention and writes the patent, Caltech owns it. However, if the professor wants to practice this technology exclusively commercially for a period of time, he or she can take out an option on the technology for a relatively nominal sum. The professor must commit to using the patented technology and make it successful within a 12-month period. If this is not done within 12 months, the option reverts back to the university and exclusivity is lost. If, however, the option is exercised, a company is formed, and Series A money is raised, Caltech will take a small percentage share of that company in return for granting an exclusive license. 

ROYALTY TERM shall mean, with respect to each country in which Product is sold the period of time equal to the longer of (i) ten (10) years from the date of first sale of the Product in such country, (ii) the expiration of the last-to-expire Licensed Patent listed in EXHIBIT A in such country that claims such Product, or (iii) the period of time equal to the Data Exclusivity Period in such country. 

In 1983, an Executive Order extended the coverage of the Bayh-Dole Act to all government contractors. The Act also granted federal agencies the right to offer exclusive or coexclusive licenses to patents on inventions made by laboratory employees considered necessary for the commercialization of the invention. 

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