| NaviCyte's Exclusive Commercial Rights to CACO-2.
The Caco-2TM cell line originated in the laboratories of the Memorial Sloan-Kettering Cancer Center (SK) in 1974. Shortly thereafter, SK deposited Caco-2TM with the American Type Culture Collection (ATCC) as the sole distributor of Caco-2TM to the non-profit research community. This deposit was made subject to explicit restrictions to the effect that Caco-2TM cells would not be utilized by any third party for commercial purposes or redistributed by anyone without SK's prior approval.
ATCC routinely informs its customers that the Caco-2TM cell line distributed by ATCC is restricted to non-commercial research uses only, including through conspicuous notices in its product catalogs (under ATCC's "HTB-37" classification for Caco-2TM) and in its order form. Unauthorized commercial uses include any uses of Caco-2TM by a for-profit entity, including in particular the use of Caco-2TM in R&D and drug discovery activities of a life sciences company, and reselling of Caco-2TM cells, any patent filings based on research utilizing Caco-2TM and any fee-for-research services offering involving Caco-2TM.
SK has granted to NaviCyte Scientific the exclusive license and right to distribute the Caco-2TM cell line to third parties for commercial uses. SK routinely refers any interested commercial entities to NaviCyte. NaviCyte will provide written confirmation from SK of NaviCyte's exclusive commercial distribution rights to Caco-2TM upon request.
NaviCyte has entered into a number of non-exclusive internal use licenses granting the right to use Caco-2TM for commercial purposes, including the right to culture the Caco-2TM cells. Commercial agreements include (among others):
Abbott Laboratories
ADMETRx, Inc.
Amaxa GmbH
Astellas
AstraZeneca
BD Biosciences Discovery Labware
Bristol-Myers Squibb
Biogen Idec
Diagnostic Hybrids
ICOS Corporation
In Vitro Technologies
Labopharm
MannKind Corporation
Merck & Co.
Microbia
Millennium Pharmaceuticals
Millipore Corporation
Nastech Pharmaceutical Company
Novartis
Pfizer
Procter & Gamble Pharmaceuticals
A major U.S.-based biotechnology company (with market cap of $50+ billion)
A major U.S.-based life science company (with a market cap of $1.5+ billion)
A large multinational pharmaceutical company
Warner-Lambert Company
Zealand Pharma
Since the original Caco-2TM cell line was deposited exclusively with ATCC for distribution for non-profit purposes, and NaviCyte holds the exclusive rights to grant commercial use licenses to Caco-2TM, any use of Caco-2TM by a for-profit entity may constitute an unauthorized use, unless the proper license and authorization for this use has been obtained directly from NaviCyte.
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