EX-4.5 11 d791313dex45.htm EX-4.5 EX-4.5

Exhibit 4.5

NON-EXCLUSIVE LICENSE AGREEMENT

(Buyer Out-License Agreement)

This Non-Exclusive License Agreement (the “Agreement”) is made as of July 24, 2012 (the “Effective Date”) by and between MEDIFOCUS, INC., a Canadian corporation (“Licensor”) and BOSTON SCIENTIFIC CORPORATION, a Delaware corporation (“Licensee”).

WHEREAS, Licensor and Licensee have entered into a certain Asset Purchase Agreement dated as of June 25, 2012 (“Purchase Agreement”) pursuant to which, on the Effective Date, Licensor is purchasing all right, title and interest in and to the Purchased Assets (as such term is defined in Purchase Agreement) from Licensee, including the Business Transferred Intellectual Property (as such term is defined in the Purchase Agreement);

WHEREAS, Licensor has agreed to grant to Licensee a non-exclusive, royalty-free license to use the Licensed Patents (as defined below) included in the Business Transferred Intellectual Property outside the Field in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, Licensee desires to obtain a non-exclusive, royalty-free license to use the Licensed Patents outside the Field in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the premises and mutual promises and agreements hereinafter set forth, the parties hereto agree as follows:

ARTICLE I.

DEFINITIONS.

Section 1.01 Certain Defined Terms. The following terms, when used herein, have the meanings set forth below. Capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in the Purchase Agreement.

Field” means microwave treatments for benign prostatic hyperplasia.

Licensed Patent(s)” means: (a) the patent(s) and patent application(s) included in the Business Transferred Intellectual Property and listed on Exhibit A attached hereto; (b) any patent application(s) filed as a continuation, division, or continuation-in-part of the patent application(s) described in clause (a), patents issuing from the patent application(s) described in clauses (a)-(b) and any reissues, reexaminations and extensions of patents described in clauses (a)-(b); and (c) any foreign counterpart to the patent(s) and patent application(s) described in clauses (a)-(b) (including divisions, continuations, confirmations, additions, renewals or continuations-in-part of such patent applications), patents issuing therefrom and reissues, reexaminations and extensions thereof.

Licensed Product(s)” means any product, part or other material, process or service, the identification, discovery, research, development, manufacture, production, use, marketing, offer for sale, distribution, import, export or sale of which, absent the license granted pursuant to this Agreement, would constitute an infringement or misappropriation of the Licensed Patents.


ARTICLE II.

GRANT OF RIGHTS.

Section 2.01 License Grant. Subject to the terms and conditions of this Agreement and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor hereby grants to Licensee and its Affiliates, and Licensee on behalf of itself and its Affiliates, hereby accepts, an irrevocable (except as otherwise provided in Articles 3 and 6), non-exclusive, worldwide, royalty-free, fully paid-up right and license, including the right to sublicense in accordance with Section 2.02 below, to use the Licensed Patents to the extent necessary or useful to develop, make, have made, use, have used, exploit, distribute, promote, market, offer for sale, sell, have sold, import and export Licensed Products, outside the Field.

Section 2.02 Sublicenses. Licensee’s right to sublicense the Licensed Patents outside the Field pursuant to Section 2.01 is subject to the requirements that: (a) Licensee shall notify Licensor in writing of all such sublicenses and Licensee shall enter into a written agreement with each such sublicensee; (b) Licensee shall include in each such sublicense agreement provisions at least as protective of Licensor and its rights in the Licensed Patents as the terms and conditions of this Agreement; and (c) any and all sublicense agreements shall expressly provide that they shall terminate automatically upon the expiration or termination of the license granted to Licensee herein.

ARTICLE III.

BANKRUPTCY.

Licensor agrees that the rights to the Licensed Patents as set forth herein constitute “intellectual property” as defined in Section 101(35a) of the Bankruptcy Code and that this Agreement shall be governed by section 365(n) of the Bankruptcy Code. If Licensor voluntarily or involuntarily becomes subject to the protection of the Bankruptcy Code, and Licensor or the trustee in bankruptcy rejects this Agreement under section 365 of the Bankruptcy Code, Licensee shall have the right to: (a) treat this Agreement as terminated; or (b) retain Licensee’s rights under this Agreement, specifically including, without limitation, the right to exercise its rights granted therein to the Licensed Patents.

ARTICLE IV.

REPRESENTATIONS AND WARRANTIES.

Section 4.01 Representations. Each of Licensee and Licensor hereby represents and warrants to the other party that: (a) it is a corporation duly organized and validly existing under the laws of the applicable state of its incorporation, and has all requisite power and authority to execute, deliver and perform this Agreement and to consummate the transactions contemplated hereby; (b) this Agreement has been duly authorized, executed and delivered by such party and it constitutes the legal, valid and binding obligations of such party, and it is enforceable against such party in accordance with its terms, except to the extent such enforceability may be limited

 

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by bankruptcy, reorganization, insolvency or similar laws of general applicability governing the enforcement of the rights of creditors; and (c) neither the execution, delivery and performance of this Agreement nor the consummation by such party of the transactions contemplated hereby will violate or conflict with or constitute a default under any contractual obligation of such party, or any judgment, order or decree applicable to, or binding upon, such party.

Section 4.02 Disclaimer. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 4.01 OF THIS AGREEMENT AND IN THE PURCHASE AGREEMENT, NEITHER PARTY MAKES ANY OTHER EXPRESS OR IMPLIED WARRANTY AS TO THE LICENSED PATENTS AND HEREBY DISCLAIMS THE SAME. Without limiting the foregoing, except as otherwise provided herein, this Agreement and the licenses granted herein do not and shall not be interpreted or construed to include: (a) any requirement to file any patent application or secure or maintain any patent, or (b) any license or rights by implication or estoppel.

Section 4.03 Export. Licensee acknowledges and agrees that it shall not export or re-export, directly or indirectly (including via remote access), the Licensed Products, as the case may be, or other information or materials it receives pursuant to this Agreement to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.

ARTICLE V.

PATENT PROSECUTION.

Licensor shall, at its own expense, control and be solely responsible for the filing, prosecution, and maintenance of the Licensed Patents. Licensee shall fully cooperate, at Licensor’s reasonable request and expense, with the filing, prosecution and maintenance of the Licensed Patents and in any other proceedings before a patent official or office.

ARTICLE VI.

TERM; TERMINATION.

Section 6.01 Term. This Agreement shall commence as of the Effective Date and shall remain in effect until the expiration of the last to expire of the Licensed Patents.

Section 6.02 Effect of Termination. The provisions of this Section 6.02 and of Articles 1, 4, 7 and 8 shall survive any termination or expiration of this Agreement. Nothing herein shall be construed to release either party of any obligation which matured prior to the effective date of such termination.

ARTICLE VII.

RISK ALLOCATION.

Section 7.01 Indemnification.

(a) By Licensor. Licensor will defend, indemnify and hold harmless Licensee and its subsidiaries, parent corporations, affiliates, officers, directors, partners, employees, agents, successors and assigns (collectively, the “Licensee Indemnitees”) from and against any

 

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claim, suit, demand, loss, damage, expense (including reasonable attorney’s fees of indemnitee(s) and those that may be asserted by a third party) or liability (collectively, “Losses”) suffered by or imposed upon the Licensee Indemnitee(s) by any third party arising from or related to: (i) any breach of Licensor’s representations, warranties or covenants under this Agreement; and (ii) any gross negligence or intentional misconduct by Licensor (or its agents, consultants or employees) in performing its obligations under this Agreement. The foregoing indemnification action shall not apply in the event and to the extent that a claim is subject to indemnification by Licensee pursuant to Section 7.01(b) below, or a court of competent jurisdiction determines that such Losses arose as a result of any Licensee Indemnitee’s gross negligence, intentional misconduct or intentional breach of this Agreement.

(b) By Licensee. Licensee will defend, indemnify and hold harmless Licensor and its subsidiaries, parent corporations, affiliates, officers, directors, partners, employees, agents, successors and assigns (collectively, the “Licensor Indemnitees”) from and against any Losses suffered by or imposed upon the Licensor Indemnitee(s) by any third party arising from or related to: (i) any breach of Licensee’s representations, warranties or covenants under this Agreement; (ii) the use, promotion, manufacture, sale or distribution by or on behalf of Licensee of Licensed Products; and (iii) any gross negligence or intentional misconduct by Licensee (or its agents, consultants or employees) in performing its obligations under this Agreement. The foregoing indemnification action shall not apply in the event and to the extent a claim is subject to indemnification by Licensor pursuant to Section 7.01(a) above, or that a court of competent jurisdiction determines that such Losses arose as a result of any Licensor Indemnitee’s gross negligence, intentional misconduct or intentional breach of this Agreement.

Section 7.02 Procedure. To receive the benefit of the foregoing indemnities the Person seeking indemnification (the “Indemnitee”) must promptly notify the other party (the “Indemnifying Party”) in writing of a claim or suit and provide reasonable cooperation (at the Indemnifying Party’s expense) and tender to the Indemnifying Party full authority to defend or settle the claim or suit. The Indemnifying Party has no obligation to indemnify the Indemnitee in connection with any settlement made without the Indemnifying Party’s written consent. The Indemnifying Party may not settle such claim or suit without the consent of the other party, which consent shall not be unreasonably withheld or delayed, provided, however, that such consent is not required so long as such settlement includes an unconditional release of the Indemnitee. The Indemnitee has the right to participate at its own expense in the claim or suit and in selecting counsel therefor. The Indemnitee shall cooperate with the Indemnifying Party, as reasonably requested, at the Indemnifying Party’s sole cost and expense.

Section 7.03 Limitation of Liability. EXCEPT FOR AMOUNTS PAYABLE WITH RESPECT TO THIRD PARTY INDEMNIFICATION CLAIMS UNDER SECTION 7.01: (A) NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY; AND (B) THE MAXIMUM AGGREGATE LIABILITY OF LICENSEE HEREUNDER SHALL NOT EXCEED A MAXIMUM AMOUNT EQUAL TO TWO HUNDRED THOUSAND DOLLARS ($200,000).

 

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Section 7.04 No Duplication. Notwithstanding anything herein to the contrary, Licensor shall not be entitled to make a claim for indemnification under both this Agreement and the Purchase Agreement with respect to the same damages that are related to or arise, directly or indirectly, out of a particular event, circumstance or loss.

ARTICLE VIII.

MISCELLANEOUS.

Section 8.01 Relationship of Parties. For the purposes of this Agreement, each party hereto shall be, and shall be deemed to be, an independent contractor and not an agent, partner, joint venturer, representative or employee of any other party. No party shall have authority to make any statements, representations, compromises of rights or commitments of any kind, assume or create any obligations, or to accept process for or take any other action which shall be binding on the other parties, except as may be explicitly provided for herein or authorized in writing by the other parties.

Section 8.02 Notices. All notices, requests, claims, demands and other communications hereunder shall be in writing and shall be given or made (and shall be deemed to have been duly given or made upon receipt) by delivery in person, by an internationally recognized overnight courier service, by facsimile, by e-mail or by registered or certified mail (postage prepaid, return receipt requested) to the respective parties hereto at the following addresses (or at such other address for a party as shall be specified in a notice given in accordance with this Section 8.02):

(a) if to Licensor:

Medifocus, Inc.

8320 Guilford Road

Suite A

Columbia, MD 21046

Attention: John Mon

Fax: (410) 290-7255

with a copy to:

Venable LLP

750 East Pratt Street, Suite 900

Baltimore, MD 21202

Attention: Michael J. Baader, Esq.

Fax: (410) 244-7742

(b) if to Licensee:

Boston Scientific Corporation

One Boston Scientific Place

Natick, MA 01760

Attention: Chief Financial Officer

Fax: 508-650-8956

 

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with a copy (which shall not constitute notice) to:

Boston Scientific Corporation

One Boston Scientific Place

Natick, MA 01760

Attention: Chief Corporate Counsel

Fax: (508) 650-8960

Section 8.03 Severability. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any Law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect for so long as the economic or legal substance of the transactions contemplated by this Agreement is not affected in any manner materially adverse to either party hereto. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated by this Agreement are consummated as originally contemplated to the greatest extent possible.

Section 8.04 Entire Agreement. This Agreement, the Purchase Agreement, the Confidentiality Agreement and the other Ancillary Agreements constitute the entire agreement of the parties hereto with respect to the subject matter hereof and thereof and supersede all prior agreements and undertakings, both written and oral, between the parties with respect to the subject matter hereof and thereof.

Section 8.05 Assignment. Neither party may assign this Agreement or any of its rights and obligations under this Agreement without the prior written consent of the other party, not to be unreasonably withheld or delayed; provided, that either party may assign this Agreement to an affiliate of such party or as part of a corporate reorganization, consolidation, merger or sale of substantially all of the capital stock or assets of a party, or the relevant division or business unit of the party that holds or uses all or a substantial portion of the Business Licensed Intellectual Property without the prior written consent of the other party, provided, further, that in each instance the assignee Person expressly assumes all obligations imposed on the assigning party by this Agreement in writing.

Section 8.06 Amendment. This Agreement may not be amended or modified except (a) by an instrument in writing signed by, or on behalf of, Licensor and Licensee, or (b) by a waiver in accordance with Section 8.07.

Section 8.07 Waiver. Either party to this Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered by the other party pursuant hereto or (c) to the extent permitted by applicable Law, waive compliance with any of the agreements of the other party or conditions to such party’s obligations contained herein. Any such extension or waiver shall be valid only if set forth in an instrument in writing signed by the party to be bound thereby. Any waiver of any term or condition shall not be construed as a waiver of any subsequent breach or a subsequent waiver of

 

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the same term or condition, or a waiver of any other term or condition of this Agreement. The failure of either party hereto to assert any of its rights hereunder shall not constitute a waiver of any of such rights.

Section 8.08 No Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their respective successors and permitted assigns and nothing herein is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, including any rights of employment for any specified period, under or by reason of this Agreement.

Section 8.09 Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement is not performed in accordance with its specific terms or is otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at Law or in equity.

Section 8.10 Interpretive Rules. The words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement, and all Article and Section references are to this Agreement unless otherwise specified. The words “include,” “includes” and “including” will be deemed to be followed by the phrase “without limitation.” The word “days” means calendar days unless otherwise specified herein. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. No provision of this Agreement shall be construed to require either party or their respective officers, directors, subsidiaries or Affiliates to take any action which would violate or conflict with any applicable Law. The word “if” means “if and only if.” The word “or” shall not be exclusive. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms. Except as otherwise expressly provided herein, all references to “dollars” or “$” will be deemed references to the lawful money of the United States of America.

Section 8.11 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts. All Actions arising out of or relating to this Agreement shall be heard and determined exclusively in any Massachusetts federal court; provided, however, that if such federal court does not have jurisdiction over such Action, such Action shall be heard and determined primarily in any state court sitting in the Commonwealth of Massachusetts. Consistent with the preceding sentence, the parties hereto hereby (a) submit to the exclusive jurisdiction of any federal or state court sitting in the Commonwealth of Massachusetts for the purpose of any Action arising out of or relating to this Agreement brought by either party hereto and (b) irrevocably waive, and agree not to assert by way of motion, defense, or otherwise, in any such Action, any claim that it is not subject

 

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personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the Action is brought in an inconvenient forum, that the venue of the Action is improper, or that this Agreement or the transactions contemplated by this Agreement may not be enforced in or by any of the above-named courts. Each party further irrevocably consents to the service of process out of any of the aforementioned courts in any such Action by the mailing of copies thereof by mail to such party at its address set forth in this Agreement, such service of process to be effective upon acknowledgment of receipt by registered mail; provided, however, that nothing in this Section 8.11 shall affect the right of any party to serve legal process in any other manner permitted by law. The consent to jurisdiction set forth in this Section 8.11 shall not constitute a general consent to service of process in the Commonwealth of Massachusetts and shall have no effect for any purpose except as provided in this Section 8.11.

Section 8.12 Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. EACH OF THE PARTIES HERETO HEREBY (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, AND (B) ACKNOWLEDGES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 8.12.

Section 8.13 Counterparts. This Agreement may be executed and delivered (including by facsimile transmission) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original, but all of which taken together shall constitute one and the same agreement.

[The remainder of this page intentionally left blank.]

 

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IN WITNESS WHEREOF, each of Licensor and Licensee has caused this Agreement to be executed as of the date first written above by their respective officers thereunto duly authorized.

 

MEDIFOCUS, INC.
By:  

/s/ Augustine Y. Cheung

Augustine Y. Cheung, Ph.D.
Chief Executive Officer
BOSTON SCIENTIFIC CORPORATION
By:  

/s/ Thomas G. Robinson

Thomas G. Robinson
Vice President, Strategy and Business Development
Urology and Women’s Health

[Signature Page to Buyer Out-License Agreement]


Exhibit A

Licensed Patents

 

BSC Ref.

 

Atty Ref.

 

Country

 

Serial No.

 

Filing Date

 

Application Status

 

Patent/Publication No

99-0150US1   BSCU-121/00US   United States   10/264969   10/4/2002   Granted   6,895,282
99-0150PCT   BSCU-121/00WO   PCT   US03/31296   10/03/2003   NAT PHASE   WO 2004/033037
99-0150AU1   BSCU-121/00AU   Australia   2003272824   10/03/2003   Abandoned  
99-0150CA1   BSCU-121/00CA   Canada   2498769   10/03/2003   Abandoned  
99-0150EP1   BSCU-121/00EP   Europe   03755026.6   10/03/2003   Abandoned  
99-0150US2   BSCU-121/01US   United States   11/100138   4/5/2005   Pending   2005-0251126
05-00097US1   BSCU-142/00US   United States   11/246936   10/6/2005   Pending   2007-0093880 (8,123,705)
05-00097PCT   BSCU-142/00WO   PCT   US06/30100   7/31/2006   NAT PHASE   WO 2007/044114
05-00097EP1   BSCU-142/00EP   Europe   EP06824797     Withdrawn  
06-00341US1   BSCU-153/00US   United States   61/017297   12/28/2007   converted  
06-00341US2   BSCU-153/01US   United States   12/342959   12/23/2008   Pending   2009-0171238
06-01351US1   BSCU-154/00US   United States   60/977878   10/5/2007   converted  
06-01351US2   BSCU-154/01US   United States   12/238589   9/26/2008   Pending   2009-0093733
06-01351PCT   BSCU-154/01WO   PCT   US08/77772   9/26/2008   Abandoned   WO 2009/045868
07-00411US1   BSCU-170/00US   United States   09/597234   6/20/2000   Granted   6,477,426
07-00411PCT1   BSCU-170/00WO   PCT   US01/19689   6/20/2001   NAT PHASE   WO 2001/098764
07-00411CA1   BSCU-170/00CA   Canada   2408627   6/20/2001   Pending   2408627
07-00411CN1   BSCU-170/00CN   China   01811529.2   6/20/2001   Abandoned   EP1292362
07-00411EP1   BSCU-170/00EP   Europe   01948516.8   6/20/2001   Granted   EP1292362
07-00411ES1   BSCU-170/00ES   Spain   01948516.8   6/20/2001   Granted   EP1292362
07-00411DE1   BSCU-170/00DE   Germany   01948516.8   6/20/2001   Granted   EP1292362


BSC Ref.

 

Atty Ref.

 

Country

 

Serial No.

 

Filing Date

 

Application Status

 

Patent/Publication No

07-00411FR1   BSCU-170/00FR   France   01948516.8   6/20/2001   Granted   EP1292362
07-00411GB1   BSCU-170/00GB   United Kingdom   01948516.8   6/20/2001   Granted   EP1292362
07-00411IE1   BSCU-170/00IE   Ireland   01948516.8   6/20/2001   Granted   EP1292362
07-00411IT1   BSCU-170/00IT   Italy   01948516.8   6/20/2001   Granted   EP1292362
07-00411IN1   BSCU-170/00IN   India   IN/PCT/2002/01362   6/20/2001   Abandoned  
07-00411JP1   BSCU-170/00JP   Japan   2002-504476   6/20/2001   Granted   JP 4503229
07-00411MX1   BSCU-170/00MX   Mexico   PA/a/2002/012687   6/20/2001   Granted   MX 227252
07-00411HK1   BSCU-170/00HK   Hong Kong   03106147.6   6/20/2001   Abandoned  
07-00411US2   BSCU-170/01US   United States   10/247747   9/20/2002   Granted   2003-0069619 (6,788,977)
07-00411PCT2   BSCU-170/01WO   PCT   US03/28898   9/16/2003   NAT PHASE   WO 2004/026098
07-00411CA2   BSCU-170/01CA   Canada   2498166   9/16/2003   Pending  
07-00411CN2   BSCU-170/01CN   China   03822401.1   9/16/2003   Abandoned  
07-00411EP2   BSCU-170/01EP   Europe   03749674.2   9/16/2003   Published   EP1555955
07-00411HK2   BSCU-170/01HK   Hong Kong   06101085.8   9/16/2003   Abandoned  
07-00411IN2   BSCU-170/01IN   India   551/KOLNP/2005   9/16/2003   Abandoned  
07-00411JP2   BSCU-170/01JP   Japan   2004-534347   9/16/2003   Granted   JP 4559860
07-00411MX2   BSCU-170/01MX   Mexico   PA/a/2005/003015   9/16/2003   Abandoned  
07-00411US3   BSCU-170/02US   United States   10/436500   05/13/2003   Granted   7,837,720
07-00411PCT3   BSCU-170/02WO   PCT   US04/14768   5/11/2004   NAT PHASE   WO 2005/007000
07-00411CA3   BSCU-170/02CA   Canada   2524901   5/11/2004   Pending  
07-00411CN3   BSCU-170/02CN   China   200480013080.9   5/11/2004   Abandoned  
07-00411EP3   BSCU-170/02EP   Europe   04775978.2   5/11/2004   Granted   EP1622531B1
07-00411DE3   BSCU-170/02DE   Germany   04775978.2   5/11/2004   Granted   EP1622531B1
07-00411FR3   BSCU-170/02FR   France   04775978.2   5/11/2004   Granted   EP1622531B1
07-00411GB3   BSCU-170/02GB   United Kingdom   04775978.2   5/11/2004   Granted   EP1622531B1


BSC Ref.

 

Atty Ref.

 

Country

 

Serial No.

 

Filing Date

 

Application Status

 

Patent/Publication No

07-00411IE3   BSCU-170/02IE   Ireland   04775978.2   5/11/2004   Granted   EP1622531B1
07-00411IT3   BSCU-170/02IT   Italy   04775978.2   5/11/2004   Granted   EP1622531B1
07-00411HK3   BSCU-170/02HK   Hong Kong   06108315.5   5/11/2004   Abandoned   1087904A
07-00411IN3   BSCU-170/02IN   India   2482/KOLNP/2005   5/11/2004   Abandoned  
07-00411JP3   BSCU-170/02JP   Japan   2006-532966   5/11/2004   Granted   JP 4568283
07-00411MX3   BSCU-170/02MX   Mexico   PA/a/2005/012161   5/11/2004   Abandoned  
07-00411US4   BSCU-170/03US   United States   12/902636   10/12/2010   Pending   2011-0028886
07-00411EP1A   BSCU-170/03EP   Europe   06000041.1   06/20/2001   Granted   EP1647305B1
07-00411DE1A   BSCU-170/03DE   Germany   60143775.6   06/20/2001   Granted   EP1647305B1
07-00411FR1A   BSCU-170/03FR   France   06000041.1   06/20/2001   Granted   EP1647305B1
07-00411GB1A   BSCU-170/03GB   Great Britain   06000041.1   06/20/2001   Granted   EP1647305B1
07-00411IE1A   BSCU-170/03IE   Ireland   06000041.1   06/20/2001   Granted   EP1647305B1
07-00411IT1A   BSCU-170/03IT   Italy   06000041.1   06/20/2001   Granted   EP1647305B1
07-00411HK1A   BSCU-170/03HK   Hong Kong   06110990.3   06/20/2001   Abandoned  
07-00411EP4   BSCU-170/04EP   Europe   10179144.0   06/20/2001   Pending  
07-00414US1   BSCU-189/00US   United States   60/664699   3/24/2005   converted  
07-00414US2   BSCU-189/01US   United States   11/280199   11/17/2005   Pending   2006-0216275
07-00414PCT1   BSCU-189/01WO   PCT   US06/10505   3/22/2006   NAT PHASE   WO 2006/102471
07-00414CA1   BSCU-189/01CA   Canada   2602065   3/22/2006   Pending  
07-00414EP1   BSCU-189/01EP   Europe   6739341.3   3/22/2006   Pending  
07-00414US3   BSCU-189/02US   United States   11/527688   9/27/2006   Pending   2007-0077230
07-00414PCT3   BSCU-189/02WO   PCT   US06/37569   9/27/2006   NAT PHASE   WO 2008/039188
07-00414EP3   BSCU-189/02EP   Europe   06815516.7   9/27/2006   Pending  


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Patent/Publication No

07-00412US1   BSCU-190/00US   United States   09/954194   9/18/2001   Granted   6,958,075
07-00412PCT1   BSCU-190/00WO   PCT   US02/29048     NAT PHASE   WO 2003/028572
07-00412EP1   BSCU-190/00EP   Europe   02800330.9     Granted   EP1435868B1
07-00412AT1   BSCU-190/00AT   Austria   02800330.9     Abandoned   EP1435868B1
07-00412BE1   BSCU-190/00BE   Belgium   02800330.9     Granted   EP1435868B1
07-00412DE1   BSCU-190/00DE   Germany   02800330.9     Granted   EP1435868B1
07-00412DK1   BSCU-190/00DK   Denmark   02800330.9     Abandoned   EP1435868B1
07-00412ES1   BSCU-190/00ES   Spain   02800330.9     Abandoned   EP1435868B1
07-00412FI1   BSCU-190/00FI   Finland   02800330.9     Abandoned   EP1435868B1
07-00412FR1   BSCU-190/00FR   France   02800330.9     Granted   EP1435868B1
07-00412GB1   BSCU-190/00GB   United Kingdom   02800330.9     Granted   EP1435868B1
07-00412IT1   BSCU-190/00IT   Italy   02800330.9     Granted   EP1435868B1
07-00412NL1   BSCU-190/00NL   Netherlands   02800330.9     Granted   EP1435868B1
07-00412SE1   BSCU-190/00SE   Sweden   02800330.9     Granted   EP1435868B1
07-00412CA1   BSCU-190/00CA   Canada   2460907     Pending   2460907
07-00412CN1   BSCU-190/00CN   China   02142696.1     Abandoned  
07-00412HK1   BSCU-190/00HK   Hong Kong   05100145.9     Abandoned  
07-00412IN1   BSCU-190/00IN   India   378/KOLNP/2004     Abandoned  
07-00412JP1   BSCU-190/00JP   Japan   2003-531912     Granted   JP 4292259
07-00412MX1   BSCU-190/00MX   Mexico   PA/a/2004/002564     Abandoned  
07-00412US2   BSCU-190/01US   United States   10/879288   6/30/2004   Granted   7,811,313
07-00412US3   BSCU-190/02US   United States   12/849458   8/3/2010   Pending   2010-0298913
07-00413US1   BSCU-191/00US   United States   60/356750   2/15/2002   converted  
07-00413US2   BSCU-191/01US   United States   10/504302   2/19/2003   Granted   7,833,220
07-00413PCT1   BSCU-191/01WO   PCT   US03/04512   2/19/2003   NAT PHASE   WO 2003/070298


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Patent/Publication No

07-00413CA1   BSCU-191/01CA   Canada   2476078   2/19/2003   Pending  
07-00413CN1   BSCU-191/01CN   China   03804947.3   2/19/2003   Abandoned  
07-00413EP1   BSCU-191/01EP   Europe   03742756.4   2/19/2003   Pending  
07-00413HK1   BSCU-191/01HK   Hong Kong   05105400.8   2/19/2003   Abandoned  
07-00413IN1   BSCU-191/01IN   India   1164/KOLNP/2004   2/19/2003   Abandoned  
07-00413JP1   BSCU-191/01JP   Japan   2003-569251   2/19/2003   Granted   JP 4362373
07-00413MX1   BSCU-191/01MX   Mexico   PA/a/2004/007897   2/19/2003   Abandoned  
07-00413US3   BSCU-191/02US   United States   12/902858   10/12/2010   Pending   2011-0034976
07-00477US1     United States   61/014535   12/18/2007   converted  
07-00477US2     United States   12/335073   12/15/2008   Pending   2009-0157070