Exhibit 10.5
August 7, 2000
Patent License Agreement
Auto-Disable Syringes
Content
Clause number Page
1. Definitions 5
2. Object 5
3. Territory 5
4. The licensors obligations 6
4.1. Transfer of knowledge 6
4.2 Patent indemnification 7
4.3. Non-exclusivity 7
4.4. Payment of duties - maintaining validity of the patent 7
5. The licensee's obligations 7
5.1. Licence duties 8
5.2 Purchase of equipment 8
5.3. Accounting 8
5A. Indemnification of the licensed product 9
5.5. Regulatory approvals 9
5.6 Duty of confidentiality 9
6. Licensee's Warranties 9
7 Licensor's Warranties 10
8. Indemnification provisions 10
9. Relationship between parties 11
10. Common stipulations 11
10-1. Property 11
10.2. Price 11
10.3. Registration 11
10.4. Term - cancellation 11
10.5 Improvement 12
10.6 Intellectual property 12
10.7 Media 12
10.8 Independence of the clauses 13
10.9 Notification 13
10.10 Former documents 13
10.11. Modifications 14
10.12. Settlement of disputes 14
10.13. Entry into force 14
10.14. Expenses 14
PATENT LICENCE AGREEMENT
Auto-Disable Syringes.
BETWEEN THE UNDERSIGNED:
Univec Inc. a company having its principal place of business in USA, at
00 Xxxxx Xxxxx Xxxxxxxxxxx, XX 00000 hereinafter referred to as the
"licensor",
and
Terumo Europe N.V. a company having its principal place of business in
Belgium at Xxxxxxxxxxxx 0 Xxxxxxxx, Xxxxxxxxxxxxxxx 40, B-3001 Leuven
hereinafter referred to as the "licensee";
HAVING SET OUT THE FOLLOWING:
1. The licensor has made an invention (hereinafter referred to as "the patented
invention", for which he has obtained Patents (hereinafter referred to as "the
Patents").
The Patents and patent applications are listed in Schedule 1 to the present
Agreement.
The licensor wishes to grant a non-exclusive patent licence to the Iicensee, so
that the latter is in a position to manufacture, use and market auto disable
syringes in all types which are covered by any claim of the Patents (hereinafter
referred to as "the Licensed Product"), within the territory specified below.
2. The licensee wishes to obtain the right to manufacture, use and market the
licensed product.
IT HAS BEEN AGREED AS FOLLOWS:
1. Definitions
The terms referred to in the Agreement shall have the following meanings:
1. 1 Patents : Patent mean the Patents as well as the patent applications
referred to in Schedule I to this Agreement ;
1.2 Know-How: Know-How means the body of technical information (including
manufacturing processes, technical experience and drawings) that is relevant for
the manufacturer of the Licensed Product and that has or will be acquired by the
Licensor ;
1.3 Licensed Technology: Licensed Technology means the technology in the
form of Patents and Know-How or a combination thereof being the object of this
License Agreement when it was concluded and subsequent inclusions or
improvements thereto;
1.4 Licensed Product: Licensed Product is the product described in
Schedule 2 the manufacturing of which requires the use of the Licensed
Technology.
Capitalized terms used in this Agreement but not defined in this Section I shall
have the meaning given to those terms in the Manufacturing Agreement executed by
the parties (on the same date hereof).
2. Object
2.1 The Licensor grants the licensee a non-transferable (except as
expressly provided herein) license in order to manufacture, use and market the
Licensed Product.
2.2 The Licensee is entitled during the term of this Agreement to appoint
sub-contractors provided that the sub-contracting will relate only to
well-defined parts of the manufacturing process. The sub-contracting can,
however, cover the entire manufacturing process if the subcontractor is a
company fully owned by the Licensee or its parent company.
The sub-contractor shall be entitled to use the License Technology for the part
of the manufacturing process for which it has been appointed, in the same manner
and under the same conditions which apply to the Licensee under this Agreement
The Licensee is responsible towards the Licensor for the sub-contractors
compliance with all the provision of this License Agreement
3. Territory
3.1 The parties hereto explicitly agree that the licence shall be granted
worldwide without any restrictions on territories or types of customers
(hereinafter referred to as "the licensed territory'").
3.2 If the licensee requests so in a registered letter the licensor shall,
within a maximum of 90 days as from the receipt of the request referred to and
at his own expense, apply for a patent on existing technology covered by the
Patents for all the countries indicated by the licensee, unless, within that
same period, the licensor notifies the licensee in writing of any reasons
justifying a refusal in which case the obligation will not apply.
3.3 The parties hereto agree that the royalty stipulated in Section 5.1
hereafter will be adjusted or entirely waived with regard to the sale of the
Licensed Product in those markets where Licensor has failed to obtain patent
registration or where as a result Licensee would have to pay additional
royalties to other parties or would have to compete with counterfeit products
infringing the Patents.
4. The Licensor's Obligations
4.1 Transfer of knowledge
a. Within a period of 4 weeks following the signing of this Agreement the
Licensor shall transfer to the Licensee all necessary Licensed Technology to
reasonably enable the latter to exercise its rights under this Agreement .
Licensor shall furthermore promptly transfer to Licensee all Licensed
Technology, which in the future will become known to or will be developed by
Licensor in relation to the manufacturing of the Licensed Product.
b. The Licensor undertakes to provide the Licensee, within a period of 4
weeks following the signing of this Agreement with all drawings, technology and
intellectual knowledge of Licensor that Licensor has the right to disclose
concerning the manufacture, use and marketing of the Licensed Product If the
permission of a third party would be required to disclose such information,
Licensor would request permission from such party or bring Licensee in contact
with such party in order to obtain permission.
With regard to product volumes other than the 1cc, Licensor shall provide the
Licensee with drawings and technical information only to the extent that:
Supplier has developed or during the term of this Agreement will develop such
drawings and technical information.
c. In the case of errors, discrepancies and other faults in the drawings
and technical information supplied to the Licensee, the Licensor shall provide
new and correct drawings or information as soon as possible without any cost to
the Licensee.
The Licensor shall compensate the Licensee for any direct costs Incurred as a
result of such errors, discrepancies or faults.
The Licensor shall pay liquidated damages for each week of delay, in providing
the drawings and technical information he is obliged to provide. Notwithstanding
the possibility to prove higher damages,
d. The Licensor guarantees the Licensee that all patents issued to, owned
or controlled by Licensor and covering the licensed product are given under the
license of the Licensee.
4.2 Patent Indemnification
The Licensor declares that according to his knowledge at the date of signature
of this Agreement, the Licensed Technology does not infringe industrial property
rights of third parties in the territory defined in Section 2.
a. Licensor agrees, at its own expense, to defend, indemnify and hold
Licensee harmless against any suit claim, or proceeding brought against Licensee
by any third party alleging that manufacture, marketing or use of Licensed
Products infringes any third party patent issued after the effective date of
this agreement or infringement of copyright or trademark or misappropriation of
any trade secret of any third party. As express conditions of Licensors
obligations under this Section Licensee shall (a) immediately notify Licensor in
writing of any such suit claim or proceeding and tender a request for
indemnification hereunder, (b) allow Licensor to assume sole control of the
investigation, defense and settlement of such suit claim or proceeding, (c) give
Licensor information and assistance reasonably necessary for the investigation,
defense aid settlement of such suit, claim, or proceeding, at Licensor's
expense, and (d) not enter into any settlement of any such suit, claim or
proceeding without Licensor's written consent The foregoing indemnity obligation
shall not apply with respect to any product of Licensee or portions or
components thereof that are not covered by at least one claim of the Patent or
part of the Licensed Technology, combined with other products, processes or
materials other than as provided under this Agreement or where Licensee
continues allegedly infringing activity after being notified thereof or after
being informed of modifications that would have avoided the alleged
infringement; provided that such modifications will be implemented at the
expense of Licensor.
b. At all times Licensor shall have the right at its sole discretion and
expense to either (i) require Licensee modify the Licensed Product so that it is
not infringing; (ii) obtain for Licensee at Licensor's expense the right to
continue the use of the Licensed Product as licensed hereunder.
c. The indemnity in this section states the entire liability of Licensor
for infringement of Intellectual Property right by Licensor Products and is in
lieu of any warranty of non infringement of Patent Title and the like, but is
without prejudice to the supplier's warranties under section 7 (e), (f), and
(g).
4.3 Non-exclusivity
The licensor grants a non-exclusive license to the licensee.
4.4 Payment of duties - maintaining validity of the patent
The licensor undertakes to pay all duties regarding the Patents at maturity and
to take all necessary measures with a view to maintaining the validity of the
Patents.
If the licensee requests so the licensor shall submit the proof of payment to
him within 30 days.
The licensor shall allow the licensee the advantage of any more favorable
clauses he may grant third parties on the occasion of patent licence agreements
concerning the patent.
5. The licensee's obligations
5.1. Licence duties
The licensee shall owe the licensor a licence duty of:
[OMITTED CONFIDENTIAL INFORMATION] Products sold by the licensee to third
parties and/or sold by sublicensees, if any, for up to [OMITTED CONFIDENTIAL
INFORMATION] pieces of Products per that year
[OMITTED CONFIDENTIAL INFORMATION] sold by the licensee to third parties, and/or
sold by sublicensees, If any, for [OMITTED CONFIDENTIAL INFORMATION] pieces of
Products per that year
[OMITTED CONFIDENTIAL INFORMATION] Products sold by the licensee to third
parties and/or sold by sublicensees, if any, for [OMITTED CONFIDENTIAL
INFORMATION] pieces of Products per that year
No licence duty has to be paid for Products manufactured by the licensee and
sold to the licensor.
No licence duties shall be due with respect to any jurisdiction as from the
moment the invention can be considered to have become public property in such
jurisdiction.
The license duties shall be payable quarterly, in the United States and in
Licensee shall deliver with each quarterly license duty payment a report stating
the number of licensed products sold and the amount of license duty due. License
duties shall accrue upon the earlier of shipment invoicing, or recognition of
revenue by licensee I& licensed products.
No license duties shall be due with respect to any Patent on or after the
effective date of any final judgment of any court of competent jurisdiction,
beyond all right of further appeal by licensor, holding such Patent invalid or
unforceable.
In the event that such a judgment relates only to fewer than all the patents of
which the Patent is comprised, then the licence duty shall be reduced only in
proportion to the remaining number of
patents that thereafter comprise the Patent. Licensee may not withhold payment
of licence duties or escrow licence duties during the pendency of any
administrative or adversarial proceeding before any agency, court or tribunal in
any jurisdiction pertaining to the licensed Patent or any patent that comprises
the licensed Patent provided, however, that a refund will be made of those
royalties which Licensee will have paid to Licensor during the period between a
judgment rendered by the Court in first instance holding the Patent Invalid or
unenforceable and the final judgment in case of further appeal by Licensor if
the appeal decision declares the Patent to be invalid or unenforceable.
5.2 Purchase of equipment
Except for the Equipment which is covered by the terms of the Equipment Purchase
Agreement, [OMITTED CONFIDENTIAL INFORMATION]
5.3. Accounting
The licensee undertakes to keep accounts in such a way as to enable to determine
the amount of licensed products he has sold to third parties.
The licensor's auditors alone shall at least once a year be allowed to inspect
the accounts in relation to the business as set out in this Agreement during
normal working hours.
The licensor shall inform the licensee of the intended auditors, visit at least
2 weeks in advance.
Licensee shall have the right to approve the designation of the Licensors audit
firm for the purpose of this Section 4.2, provided that Licensee's approval will
not be unreasonably withheld.
The auditors shall operate at the expense of Licensor except that Licensee shall
reimburse to Licensor the audit fees relating to any particular audit which
would have shown a shortfall in the amount of royalties payable to Licensor of
more than 10%. This penalty shall not apply in case the shortfall is due only to
a technical delay in the processing of the accounting data or attributable to
causes beyond the control of Licensee (such as technical error or failure of
accounting software).
5.4 Identification of the licensed product
In order to distinguish the licensed product the licensee shall use his own
brand name, package and lot number, and assign a TERUMO-product code, separate
from the product code produced under the brand name (label) of UNIVEC in
application of the Manufacturing agreement The licensee shall indicate himself
as the manufacturer.
5.5 Regulatory approvals
The licensee shall have the responsibility for obtaining export licenses and
clearances and all other regulatory approvals for the marketing and sale of the
Licensed Products.
5.6 Duty of confidentiality
Each Party undertakes to keep the Confidential Information which it has acquired
from the other party within the framework of the present agreement secret both
during and after the execution of the present agreement.
When subcontracting is authorized in accordance with the provisions of Section 2
above, the Licensee guarantees that he will impose the same level of
confidentiality on those subcontractors.
6. Licensee's Warranties
The Licensee represents and warrants to the Licensor that:
(a) it is a corporation duly formed and validly existing under the laws of
Belgium.
(b) it does not lack the necessary corporate power and authority to enter
into this Agreement and perform obligations under it and its execution, delivery
and performance of this Agreement have been duly authorized by all necessary
corporate actions;
(c) neither the execution and delivery of this Agreement nor the
performance by it of this Agreement will violate any provision of its
Certificate of Incorporation and by-laws;
(d) the Licensee has not taken any action which would preclude or adversely
affect the Licensee's full performance of this Agreement nor failed to take any
action necessary in order to authorize or enable such performance;
(e) it has the capacity, ability and all property, including intellectual
property, necessary to perform its obligations under the Agreement
7. Licensor's Warranties
The Licensor represents and warrants to the Licensee that
(a) Licensor is a corporation duly formed and validly existing under the
laws of the state of Delaware, USA;
(b) Licensor has the necessary corporate power and authority to enter into
and perform obligations under this Agreement and the Clients execution, delivery
and performance of this Agreement has been duly authorized by all necessary
corporate action;
(c) neither the execution and delivery of this Agreement nor the
performance by the Licensor of this Agreement will violate any provision of the
Licensor's Certificate of incorporation and by-laws;
(d) Licensor has neither taken any action which would Preclude or adversely
affect the Licensors full performance of this Agreement nor failed to take any
action necessary in order to authorize or enable such performance;
(e) Licensors Intellectual Property Rights and other rights in and to the
Products do not at the date of this Agreement prevent it from granting the
rights to the Licensee under this Agreement and will not affect those rights
during the Term;
(f) subject to Section 4.2 above, nothing in this Agreement win infringe
any intellectual property and other rights of any third party including but not
limited to any rights which a third party may have to or in the Products: and
(g) Licensor has the capacity, ability and all property, including
intellectual property, necessary to perform its obligations under the Agreement
8. Indemnification provisions
Unless otherwise stated In the present Agreement, the following indemnification
shall apply:
1. Neither party shall be liable to the other party for any loss or damage
whatsoever or howsoever arising directly or indirectly in connection with this
Licensing Agreement the Licensed Technology, its use or otherwise except as
provided in this Agreement.
2. In no event shag either party be liable towards the other party (or
indemnify such other party) for any indirect or consequential loss or damage,
howsoever arising, or any loss of revenues, profits or goodwill.
3. Each party shall be liable (and indemnify the other party) for the
death, personal injury and direct costs resulting from the negligence of such
party or the negligence of such party's employees, agents or contractors.
4. The provisions of this clause shall remain in force notwithstanding
termination of this Agreement.
9. Relationship between parties
Neither party shall represent or hold itself out to any third party as being a
representative or agent of each other except as authorized by this Agreement or
otherwise in writing by the other party;
Neither party shall conclude or purport to conclude any contract or agreement or
make or purport to make any commitment representation, misrepresentation or
warranty on behalf of or which binds the other party or otherwise act in to name
of or on behalf of the other party without the prior written consent of the
other,
The Licensor and Licensee acknowledge and agree that:
(a) nothing in this Agreement shall be construed as creating the
relationship of principal and agent or a partnership between Licensor and
Licensee; and
(b) this Agreement is personal to each of the Licensor and Licensee and
shag not be assigned by or without the prior written consent of the other party
except as otherwise authorized by this Agreement.
10. Common stipulations
10.1. Property
The parties agree explicitly that the Licensor is and shall remain the owner of
the Patents (until the expiration date of each Patent) and of the Know-How,
relating to the Licensed Product.
10.2. Price
[OMITTED CONFIDENTIAL INFORMATION]
10.3. Registration
If necessary the parties shall take all necessary measures with a view to having
the present patent licence agreement registered with the competent national or
international administrations. The costs such registration involves shall be
defrayed by the licensor.
10.4. Term - cancellation
1. The Agreement shall remain in force for the entire validity of the
Patents, with the option for the Licensee to terminate the License Agreement
after 5 years as from the date of the last signature of this Licensing Agreement
with a notice period of 3 months prior to the termination date. If the Agreement
is not terminated by Licensee, it will automatically be renewed for consecutive
periods of 5 years each with the option for Licensee to terminate the Licensing
Agreement towards the end of each such period, with a notice of 3 months prior
to the termination date.
2. If one or more additional patents issue to the Licensor during the term
of the Agreement, and any such additional patent contains at least one claim
that reads on a Licensed Product or any component thereof, then such additional
patent shall automatically become part of the Patents hereunder.
3. The licensee shall be entitled to terminate the present agreement
forthwith by means of a registered letter if the use of the rights ensuing from
the present agreement should prove to constitute an infringement on the rights
of any third party.
4. Immediate termination
a. This agreement may be terminated with immediate effect and without
prior recourse to the courts upon the provision of written notice to the other
party when either of the parties fails to perform or fails to observe any of its
essential obligations under this Agreement and if such default (if it is
curable) is not cured within 30 days after the default has been notified to the
defaulting party. For the purpose of this sub-clause (a) the following
obligations are (as an example and without limitation) considered to be
essential: the obligations of the Licensor stipulated in Section 3 and Section
4;
b. when Licensee challenges the validity of any Patent.
5. The Licensor's obligations stipulated in Sections 4.1, 4.2 and 7 (f)
shall survive the termination of this Agreement.
10.5 Improvement
All rights with regard to patentable improvements in either the Licensed
Technology shall be jointly held by Licensor and Licensee.
Either party shall be entitled to use the improved technology for its own
production (whether by third parties or otherwise) without the permission of or
the payment of a royalty to the other party. Either party shall have the right
to license the developed technology to any third party, except that licenses to
related parties shall need the consent of the other party on the amount and
payment of the royalty.
Any revenues deriving from licensing this developed technologies to third
parties shall be shared equally between the parties.
10.6 Intellectual property
The parties agree that the Patents and Licensed Technology are intellectual
property as that term is used in the US Bankruptcy Code. The parties acknowledge
that the Licensee may invoke and exercise any and all rights at law including
the rights under I I USC Section 365.
The foregoing provision does not otherwise affect the chore of law applicable to
this Agreement
10.7 Media
Each Party shall refrain from issuing or conducting any interview, report or
press release regarding the existence or terms of this agreement unless the
statement is provided in advance for review by the other party and the comments
of the other party incorporated in the reasonable discretion of the disclosing
party. Further, unless the disclosing party reasonably believes it to be
required by law or rule of any stock exchange on which such party's stock is
listed or quoted, neither party shall issue any press release regarding the
existence or terms of this agreement to which the other party shall reasonably
object.
10.8 Independence of the clauses
If any of the clauses or provisions contained in the present agreement should be
declared null and void this nullity shall not affect the other clauses or
provisions thereof.
10.9 Notification
All notices must be:
(a) in legible writing and in English;
(b) addressed to the recipient at the address or facsimile number set out
below or to any other address or facsimile number that a party may notify to the
other party:
to the Licensee:
Terumo Europe N.V.
Researchpark 2 Haasrode, Interleuvenlaan 40, B-3001 Leuven, Belgium.
to the Licensor:
Univec Inc
00 Xxxxx Xxxxx Xxxxxxxxxxx, XX 00000, XXX.
(c) signed by the party or, where the sender is a company, by an authorized
officer or under the common seal of the sender, and
(d) sent to the recipient by hand, prepaid post airmail or facsimile or
e-mail.
Without limiting any other means by which a party may be able to prove that a
notice has been received by the other party, a notice will be considered to have
been received
(a) if sent by hand, when left at the address of the recipient;
(b) if sent by pre-paid post 10 days after the date of posting; or
(c) if sent by facsimile, on receipt by the sender of an acknowledgment or
transmission report generated by the sender's machine indicating that the whole
facsimile was sent to the recipients facsimile number,
(d) E-mails; are only accepted as valid notification after confirmation of
receipt has been sent by the party to whom the e-mil was sent.
but if a notice is served by hand, or is received by the recipient's facsimile,
on a day that is not a Business Day, or after 5:00 p.m. (recipients local time)
on a Business Day, the notice will be considered to have been received by the
recipient at 9.00 am on the next Business Day.
10.10 Former documents
The present agreement replaces any former oral, written or tacit agreement and
document existing between the parties hereto and relating to the subject matter
of the present Agreement.
This Section 10.8 does not affect the Manufacturing Agreement which the parties
have concurrently executed.
10.11. Modifications
Any modification to the present agreement shall be made in writing.
10.12. Settlement of disputes
In the event of any dispute, controversy or difference arising in connection
with this Agreement, the parties shall endeavor to settle the issue in an
amicable manner.
If no amicable solution can be reached, the matter shall be finally settled by
the Rules of Arbitration of the International Chamber of Commerce by one or more
arbitrators appointed in accordance with the said rules under the authority of
the ICC Secretariat in Paris (France).
10.13. Entry Into force
The present agreement shall come into effect upon signing.
10.14 Expenses
Each party shall bear its own costs in connection with the negotiation and
conclusion of the present Agreement.
Thus executed on 16 Aug. 2000 at Leuven in 2 originals, one for each party and a
copy for the purpose of registration.
Executed as an agreement
Signed for and on behalf of Signed for and on behalf of
Univec Inc. Terumo Europe N.V.
By its duly authorized representative by its duly authorized representative
Name: /s/Xxxx Xxxxxxxxxx Name: /s/ X. Xxxxxxxx
Title: Chairman Title: Vice President
Date: August 11, 2000 Date: August 16, 2000
Schedule 1
Univec Patents and Patent Applications Relevant to Auto-Disable Syringes
(April 19, 2000)
LLBL
No. File No. Title Patent No. Country Status/Comment
-------------------------------------------------------------------------------------------------------------------
1. 1128.006 Single Use Syringe Assembly U.S. Patent No. 1. United States Issued Jul. 2 1996
5,531,691 17 Claims
2. 1128.010 Single-Use Syringe Assembly U.S. Patent No. 2. United States Issued Oct 8, 1996
Including Spring clip 5,562,623 CIP of U.S. Patent
Lock and plunger No.5,531,691;
27 Claims
3. 1128.010 Single-Use Syringe Assembly WO 95/21649 3. PCT PCT application
Comprising Spring Clip Lock Corresponding to
and Plunger Items 1 and 2.
4. 1128.010.004 Single-Use Syringe Assembly 689862(18428/95) 4. Australia
Comprising Spring Clip Lock
and Plunger
5. 1128.010.008 Single use Syringe Assembly PI 95067680 5. Brazil
Comprising Spring Clip Lock
and Plunger
6. 1128.010.010 Single Use Syringe Assembly 2,183,324 6. Canada
Comprising Spring Clip Lock
and Plunger
7. 1128.010.015 Single-Use Syringe Assembly 95192421.4 7. China
Comprising Spring Clip Lock
and Plunger
8. 1128.010.042 Single-Use Syringe Assembly 963374 8. Mexico
Comprising Spring Clip Lock
and Plunger
9. 1128.010.045 Single-Use Syringe Assembly 96118475 9. Russia
Comprising Spring Clip Lock
and Plunger
10. 1128.010.074 Single-Use Syringe Assembly 96-704556 10. Korea
comprising Spring Clip Lock
and Plunger
11. 1128.010.075 Single Use Syringe Assembly 95910244.3 11. EPO
Comprising Spring Clip Lock
and Plunger
12. 1128.020 PCT Single Use Syringe With PCTUS96/06597 12. PCT The following
Aspirating Mechanism National Phase
applications were
pursued from this
PCT application
LLBL
No. File No. Title Patent No. Country Status/Comment
-------------------------------------------------------------------------------------------------------------------
13. 1128.020 Single Use Syringe With 09/171,274 13 US
Aspirating Mechanism
14. 1128.020.004 Single Use Syringe With 5856298 14. Australia
Aspirating Mechanism
15. 1128.020.008 Single Use Syringe With PI 9612678-7 15.Brazil
Aspirating Mechanism
16. 1128.020.010 Single Use Syringe With 2,253,973 16.Canada
Aspirating Mechanism
17. 1128.020.015 Single Use Syringe With 96180356.8 17.China
Aspirating Mechanism
18. 1128.020.029 Single Use Syringe With 99104484.7 18.Hong Kong
Aspirating Mechanism
19. 1128.020.042 Single Use Syringe With 989340 19.Mexico
Aspirating Mechanism
20. 1 128.020.04 Single Use Syringe With 98122433 20.Russia
Aspirating Mechanism
21. 0000-000-000 Single Use Syringe With 98-709014 21.Korea
Aspirating Mechanism
22. 1128.020.075 Single Use Syringe With 96920171.4 EPO
23. Aspirating Mechanism
24. 1.1128.016 Insertable Element for U.S. Patent No. U.S. Univec has
Preventing Reuse of Plastic 5,205,825 exclusive and
Syringes non-exclusive
patent rights from
the inventors:
Xxxxxxx X Xxxxx and
Xxxx X. Xxxxxxx.
25. Z1128.002 1. Restricted Use Hypodermic 1-U.S. Patent No. U.S. Univec has
Syringe 5,021,047 acquired license
from the inventor
Xxxx X. Xxxxxx
3.1128.002 Restricted Use Hypodermic U.S. Patent No. U.S. Univec has
Syringe 5,183,466 acquired Iicense
from the inventor
Xxxx X. Xxxxxx
26. Single Use Hypodermic U.S. 5,370,620 U.S.
Syringe
Schedule 2
Licensed Product - Description.
Univec will be licensing its Auto Disable Syringes "AD-Sy" of various
medical-sized volumes and barrel dimensions.
o The Licensed Product refers to AD-Sy and has any one or more of the
following three different mechanisms, all of which accomplish the same
desired end-result i.e., an automatically disabled syringe such that it
cannot be used a second time.
o A first mechanism has a radially resilient locking spring clip attached
around a ratcheted, basically cylindrical plunger. This is generally
shown in US Patent Nos. 5,531,691; 5,562,623; and pending US patent
application 09/171,274. PCTs and National Phases correspond to the US
patents and applications. A version of this resilient spring clip has
the clip extend only about 23 degrees around the cylindrical plunger.
o A second embodiment of an AD-Sy which is to be licensed under the
Univec technology relates to the use of an X-shaped plunger Here, the
clip is U-shaped with a channel which clips onto one of the ribs of the
X-shaped plunger. This is generally shown in US Patent No. 5,205,825 to
Alison and Xxxxx. The Xxxxxx/Xxxxx embodiment is licensed to Univec on
an exclusive basis so long as certain minimum payments are made and is
non-exclusive to Univec if the minimums are not kept The royalties to
be paid are based on certain conditions which are not pertinent to your
agreement with Univec.
o A third embodiment of an AD-SY, also to be licensed by Univec to
Terumo, is a plunger lock which fully surrounds a cylindrical,
ratcheted plunger rod. This device is generally shown in the two Movern
US patents, namely, US patents Nos. 5,021,047 and 5,183,466. These
patents are exclusively licensed to Univec.
o The plunger can have an additional piston gasket attached to it that
provides for the sealing between the plunger rod and the inner syringe
wall or the sealing can be provided by the contact between an element
of the plunger rod itself and the inner syringe wall.
o A single use syringe is provided having:
a) a rod-like plunger comprising a plurality of ratchet teeth or by
b) an X-shaped (in cross section) plunger in the case of the
U-shaped clip similar to the Xxxxxx-Xxxxx embodiment In the
cylindrical rod like plunger, for both the resilient spring clip
mechanism and the plunger lock (the barrel of Movern) embodiments, the
clip or plunger lock is held on the ratchet teeth. For the X-shaped
rod, the U-shaped clip is held onto one of the ribs of the plunger. In
all of the embodiments, the original location of the locking mechanism
with respect to the plunger rod and the barrel of the syringe
determines the maximum dosage which may be administered by the
syringe. A first withdrawal of the plunger with respect to the barrel
allows medication to be drawn into the barrel. In the embodiment of
the resilient spring clip, the spring dangles on the ratchet teeth of
the plunger. The tab of the locking spring resiliently cams over the
surface of the ratchet teeth. In all three embodiments, the locking
mechanism is maintained in position along the barrel by at least one
outwardly directed contact point which embeds into the interior side
wall of the barrel. During administration of the medication, i.e.,
distal movement of the plunger rod with respect to the barrel, the
locking spring, the U shaped clip and the plunger locking barrel (of
the Movern embodiment) cooperate With the ratchet teeth for the
cylindrical ratcheted version or the surface of the X-shaped plunger
rod to cause the locking mechanism to move along with plunger
movement. A second attempted withdrawal of the plunger is blocked once
the locking mechanism (of all three types) has been moved by the
plunger rod to its full distal position.
o The design with the resilient locking spring, the U-shaped clip and the
plunger locking barrel (of the Movern embodiment) allow for aspiration
and with multiple sized syringes which can be used for curative
purposes by having pre-determined numbers and locations of ratchets.
