LICENSE AGREEMENT ----------------- This Agreement is effective as of the 13th day of December, 1995 (the "Effective Date"), by and between Micro-Pak, Inc., a Delaware corporation (hereinafter "MP"), having a principal place of business at 209 Baynard Building, 3411 Silverside Road, Wilmington, Delaware and Igen, Inc., a Delaware corporation,(hereinafter "IGEN"), having a principal place of business at 103 Springer Building, 3411 Silverside Road, Wilmington, Delaware. W I T N E S S E T H : - - - - - - - - - - - WHEREAS, MP represents and warrants that it is the owner and/or exclusive licensee of certain inventions (as described in several patents and patent applications), trademarks, and information, know-how and skill which is unique and confidential relating to organized lipid structures, lipid vesicle encapsulation technologies, cellulose structure and micellar nanoparticles (designated herein as the "NOVAVAX TECHNOLOGIES"), including, but not limited to the lipid vesicle technology developed by Micro Vesicular Systems, Inc. (designated herein as the "NOVASOME(R) Technology") and superabsorber/hydrogel technology (designated herein as the "ULTRASPONGE(TM) Technology") useful in conjunction with various products including animal pharmaceuticals, biologicals and other animal care products; foods, food applications, flavorings, and nutrients (except to the extent used in human pharmaceuticals and vaccines); cosmetics, consumer products, and topical dermatological products for localized usage at the delivery zone (specifically excluding dermatologically administered pharmaceuticals which are delivered systemically through the skin, antiinfectives for treating infectious pathogens, replacement hormone therapy, spermacides and viracides); fragrances; and chemicals including herbicides, insecticides, pesticides, paints and coatings, photographic chemicals and other specialty chemicals including blood substitutes containing hemoglobin and other oxygen carrying materials; and processes for making the same. WHEREAS, MP represents and warrants that it has the right to grant licenses for such inventions under the terms and conditions set forth herein; WHEREAS, IGEN states that its Affiliates (as hereinafter defined) are in the business of producing various animal pharmaceuticals, biologicals and other animal care products; foods, food applications, flavorings, and nutrients; cosmetics, consumer products, and topical dermatological products for localized usage at the delivery zone; fragrances; and chemicals including herbicides, insecticides, pesticides, paints and coatings, photographic chemicals and other specialty chemicals including blood substitutes containing hemoglobin and other oxygen carrying materials; and processes for making the same and desires to acquire exclusive rights from MP in and to the products, and methods and processes for making and using the NOVAVAX TECHNOLOGIES in the Field, and seeks the right to grant sublicenses of the NOVAVAX TECHNOLOGIES to its Affiliates and to third parties, and to grant to its Affiliates the right to grant further sublicenses to third parties; and WHEREAS MP is willing to grant such a license; NOW, THEREFORE, the parties hereto agree as follows: -2- ARTICLE I - DEFINITIONS ----------------------- 1.1 Licensed Technology. The term "Licensed Technology" shall mean -------------------- any and all data, information, technology, know-how, process, technique, method, skill, proprietary information, trade secret, development, discovery, and invention, related to the NOVAVAX TECHNOLOGIES, including but not limited to the NOVASOME Technology and/or the ULTRASPONGE Technology including Improvements on such inventions in the Field, which arise from and during the course of this Agreement. 1.2 Licensed Patent Rights. The term "Licensed Patent Rights" shall ----------------------- mean each United States and foreign patent and application for any such patent for any Licensed Technology in the Field, and including but not necessarily limited to those Letters Patent and patent applications listed in Appendix "A" and related applications. 1.3 Licensed Product. The term "Licensed Product" shall mean any ----------------- product, the manufacture, use or sale of which is within the scope of a "Valid Claim" (as defined hereinafter) of a Licensed Patent Right. 1.4 Valid Claim. The term "Valid Claim" shall mean an unexpired ------------ claim in a Licensed Patent Right which has not been held invalid or unenforceable by a decision of a court, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid by the owner through reissue or disclaimer; provided, however, that no pending claim shall be deemed to constitute a "Valid Claim" after six (6) years from the date of filing an application as long as a patent has not issued thereon. -3- 1.5 Affiliates. The term "Affiliates" shall mean any person, firm, ----------- corporation or other business entity, directly or indirectly, controlling, controlled by or under common control with a party. 1.6 Territory. The term "Territory" shall mean all countries in the ---------- world. 1.7 Field. The term "Field" means the use of the NOVAVAX ------ TECHNOLOGIES, including but not limited to the NOVASOME Technology and ULTRASPONGE Technology for (i) animal pharmaceuticals, biologicals and other animal care products; (ii) foods, food applications, flavorings, and nutrients (except to the extent used in human pharmaceuticals and vaccines); (iii) cosmetics, consumer products, and topical dermatological products for localized usage at the delivery zone, (specifically excluding dermatologically administered pharmaceuticals which are delivered systemically through the skin, antiinfectives for treating infectious pathogens, replacement hormone therapy, spermacides and viracides); (iv) fragrances; and (v) chemicals including herbicides, insecticides, pesticides, paints and coatings, photographic chemicals and other specialty chemicals including blood substitutes containing hemoglobin and other oxygen carrying materials; and processes for making the same. ARTICLE II - GRANT ------------------ 2.1 Exclusive License. MP hereby grants to IGEN a fully paid-up, ------------------ exclusive, ten (10) year license, with the right to grant sublicenses, and the right of its sublicensees to grant further sublicenses, to make, have made, use and sell Licensed Products in the Field using the Licensed Technology covered by a Valid Claim of a Licensed Patent Right throughout the Territory. -4- 2.2 Option. MP hereby grants to IGEN an option, exercisable within ------- the last year of the exclusive license period granted in Paragraph 2.1, to extend the exclusive license granted herein for an additional ten (10) year period upon payment of the Option Fee as defined in Paragraph 3.2. 2.3 Trademark License. MP hereby grants to IGEN the right to use any ----------------- of the trademarks listed in Appendix B in connection with the sale or marketing of any Licensed Product, subject to the restrictions set forth in Paragraph 4.5. ARTICLE III - PAYMENTS ---------------------- 3.1 Initial Payment. As full payment for the ten (10) year exclusive ---------------- license described in Paragraph 3.1, IGEN shall pay to MP a single payment of five million dollars ($5,000,000.00), payable within thirty days after the Effective Date of this Agreement. 3.2 Option Fee. IGEN shall have the option to extend the exclusive ---------- license for an additional ten (10) year period as set forth in Paragraph 2.2 upon payment of one million dollars ($1,000,000.00), payable before the expiration of the license described in paragraph 2.1. ARTICLE IV - COMMERCIALIZATION ------------------------------ 4.1 Government Approvals. IGEN (or its Affiliates or sublicensees) --------------------- shall be responsible for all government approval of Licensed Products. Rights in and to said -5- data and any governmental approvals obtained thereof shall be the property of IGEN (or its Affiliates or sublicensees as the case may be), except as needed by MP for patent purposes. 4.2 Right to Manufacture. IGEN (together with its Affiliates and --------------------- sublicensees) shall have the exclusive right to manufacture, and sublicense for manufacture, Licensed Products in the Field pursuant to the grant of paragraph 2.1. 4.3 Manufacturing Know-How. To assist IGEN (and its Affiliates and ----------------------- sublicensees) in achieving the aims of Section 4.2, MP (and its Affiliates) will supply all of the manufacturing know-how in its possession or available to it for manufacture of Licensed Products in the Field at no cost; provided, however, reasonable costs to effect the transfer will be paid by IGEN. To further assist IGEN in IGEN's manufacture of Licensed Products, IGEN may send personnel to the facilities of MP (or its Affiliates) at a time convenient for, and with the prior approval of, MP and MP (or its Affiliates) shall provide the instruction necessary for manufacturing Licensed Products. If such instruction is carried out within the first three (3) months after the Effective Date of this Agreement, it shall be without charge to IGEN (or its Affiliates), but after that, MP (or its Affiliates) shall be compensated for its employees time at an agreed upon rate. In addition, if IGEN (or its Affiliates or sublicensees) requires assistance from MP (or its Affiliates) employees at any facility of IGEN (or its Affiliates or sublicensees), IGEN shall pay an agreed upon daily fee plus living and travel expenses as appropriate. 4.4 Advertising and Promotion. IGEN (and its Affiliates or -------------------------- sublicensees) shall have the responsibility for the preparation and dissemination of all advertising and promotional materials including the choosing and use of trade names and trademarks in -6- connection with the Licensed Products and shall pay all costs in connection therewith. IGEN (and its Affiliates or sublicensees) may use the marks listed in Appendix B without payment of any additional royalty. 4.5 IGEN (and its Affiliates or sublicensees) agrees that MP may control the nature and quality of the goods and the services on which IGEN (and its Affiliates or sublicensees) use any of the licensed trademarks. IGEN (and its Affiliates or sublicensees) further acknowledges that MP (and/or the trademark's owner if the trademark is licensed) has the right to inspect the nature and quality of the goods or services which IGEN (and its Affiliates or sublicensees) sell or render under any of the trademarks and that MP (and/or the trademark's owner if the trademark is licensed) will be the sole judge of whether IGEN (and its Affiliates or sublicensees) are meeting the required nature and quality of the goods and services. IGEN further agrees that all sublicenses granted by it or its Affiliates will contain specific reference to this right of MP. ARTICLE V - PATENTS ------------------- 5.1 Patent Warranty. MP warrants that at least basic patent ---------------- applications covering the technology for use in making Licensed Products in the Field have been filed, that some patents have been issued, and that other applications have been filed, and that MP is not aware of any valid patents of third parties which would be infringed by IGEN's, or its Affiliates or sublicensees, making, using or selling Licensed Products. This warranty does not extend to variations or modifications of the Licensed Products distinct from those products being made by IGEN (and its Affiliates or sublicensees) as of the Effective Date of this Agreement. -7- 5.2 Obtaining Patents. MP (on its own behalf and that of its ------------------ Affiliates) agrees, at its own expense, to file and prosecute diligently patent applications covering the Licensed Products in the countries of the United States, the European Patent Office, Japan and Canada (known as Group "A" countries) or other countries as it may be requested to do so by IGEN (known as Group "B" countries), and to maintain where required, by payment of renewal fees or taxes, any patents issued thereon. MP shall be responsible for all patent expenses relating to the Group "A" countries unless it decides to abandon such patent or application and IGEN shall be responsible for the reasonable pro rata expenses in the Group "B" countries, said pro rata expenses to be shared equally on a country-by-country basis by all licensees of MP who request coverage in that country. If MP decides to abandon an application or patent, MP will inform IGEN of its intent to abandon such patent or application in sufficient time that IGEN may assume prosecution and/or ownership at its own expense and no further royalties under that patent or application shall be due. MP shall keep IGEN or its counsel informed of all developments in connection with each filing and prosecution, promptly furnishing to IGEN or its counsel copies of all applications, official actions, amendments, issued patents and all other papers filed or received. All patents obtained pursuant to this Section 5.2 shall become a part of the Licensed Patent Rights. 5.3 Infringement Notice. MP or IGEN, as the case may be, shall give -------------------- prompt written notice to the other of any infringement known to MP or IGEN of a Licensed Patent Right, and shall supply the other with such details of such infringement as are actually in MP's or IGEN's possession. -8- 5.4 Infringement by Others. ----------------------- 5.4.1 In the event of any infringement of a Licensed Patent Right in the Field, MP shall, if consistent with its business interests, institute such proceedings or other actions as it deems advisable to prevent such infringement and shall retain all recovery had from any infringer. 5.4.2 If MP does not institute such proceedings or other actions necessary to prevent such infringement within three (3) months after it learns of such infringement, IGEN may, at its own expense, institute such proceedings as may be appropriate to prevent such infringement. MP shall join in any such proceedings, if required. In such event MP shall, upon the request of IGEN and at IGEN's expense, formally assign to IGEN any cause of action it may have against any such infringer of the Licensed Patent and execute all documents and do all acts deemed necessary by IGEN for IGEN to prosecute and control such proceedings or other actions brought by it, including, but not limited to, being named as a party if legally required. 5.4.3 Neither MP or IGEN has any obligation to institute any proceedings or other actions to prevent such infringement. However, which ever party initiates such proceedings or actions shall be entitled to any recovery, after paying any expenses incurred at its request by the other party. 5.5 Infringement of Others' Proprietary Rights. ------------------------------------------- 5.5.1 MP has no obligation or liability to IGEN (and its Affiliates or sublicensees) to hold harmless, indemnify or defend IGEN (and its Affiliates or sublicensees) from and against any and all liabilities, losses, damages, claims, demands, -9- suits, judgments, royalties, actions, causes of action, costs or expenses of any nature whatsoever arising out of any infringement or alleged infringement of the proprietary rights of others by a Licensed Product. ARTICLE VI - IMPROVEMENTS ------------------------- 6.1 MP and IGEN Improvements. If at any time during the term of this ------------------------- License Agreement MP (and its Affiliates or sublicensees) or IGEN (and its Affiliates or sublicensees) shall, to the extend permitted by other agreements, make or discover any Improvement of the Licensed Products useful in the Field (such Improvement being limited to those improvements which would be dominated by the claims of a Licensed Patent). MP and IGEN, respectively, shall communicate all details in respect thereof to the other party. If MP(or its Affiliates) makes such an Improvement, IGEN (and its Affiliates or sublicensees) shall be entitled to use the same in the Field during the term of this Agreement upon the same terms pursuant to this Agreement without paying any increased or decreased royalty in respect thereof. If MP obtains a patent in respect to any such Improvement, it shall be included in the Patent Rights. If IGEN (or its Affiliates or sublicensees) makes such an Improvement, MP (and its Affiliates or sublicensees) shall have the right to use it outside the Field during the term of this Agreement. 6.2 Joint Inventions. In the event employees of MP and IGEN, or one ----------------- of their Affiliates, are joint inventors as a result of inventions arising out of the development of Licensed Products, any patent applications filed thereon shall be owned by MP and IGEN shall have an exclusive license in the Field as provided in Section 2.1. -10- ARTICLE VII- CONFIDENTIALITY ---------------------------- 7.1 Obligations. Except as expressly provided under this Agreement, ------------ each party agrees that it shall hold in confidence for the term of this Agreement and for a period of five (5) years thereafter all confidential information disclosed by or acquired from the other pursuant to this Agreement and marked as confidential and shall not use such for the benefit of third parties, or disclose such to third parties, without the prior written authorization of the other party; provided, however, that neither party shall be responsible for any inadvertent disclosure of confidential information provided it has exercised the same standard of care as it exercises with respect to its own information and further provided that the parties may, for the purpose of health registration and exploitation of Licensed Products, transmit and disclose such information to Affiliated companies, subsidiaries and agents. All confidential information conveyed orally shall be treated as if it were conveyed in writing, if it is conveyed again in a writing designated "confidential" within ninety (90) days after such oral transmission. 7.2 Exceptions. The foregoing obligation shall not extend to ----------- information which (i) at the time of disclosure or acquisition is part of the public knowledge or literature or thereafter becomes part of the public knowledge or literature otherwise than by unauthorized disclosure by the receiving party, or (ii) at the time of disclosure or acquisition was in the receiving party's possession as evidenced by its written records, or (iii) become available to the receiving party from another source not bound to secrecy by the disclosing party with respect to such information, or (iv) would be required by Health Registration authorities and/or Government authorities. -11- ARTICLE VIII - TERM AND TERMINATION ----------------------------------- 8.1 Term. This Agreement, unless otherwise terminated as provided ----- herein, shall begin on the Effective Date set forth hereinabove and continue for ten (10) years unless the option under Paragraph 2.2 is exercised, in which case the term shall extend an additional ten (10) years. Upon termination of the second term, IGEN (and its Affiliates or sublicensees) may thereafter make, use, and distribute the Licensed Products in any country without further royalty to MP. 8.2 MP Termination Rights. MP shall have the right to terminate ---------------------- this Agreement, upon thirty (30) days notice to IGEN, if IGEN fails to make a payment due under Paragraphs 3.1 or 3.2. ARTICLE IX - FORCE MAJEURE -------------------------- Notwithstanding anything to the contrary contained herein, neither party hereto shall be liable for damages or otherwise for failure to satisfy or perform any obligation or duty to be satisfied or performed pursuant to the terms and provisions of this License Agreement, if such failure is occasioned by (a) Act of God, war, civil disorder or strikes or acts, regulations or decision of governmental, judicial or administrative agencies or authorities, or other circumstances beyond the control of the party hereto who has failed to satisfy or perform, or (b) the suspension by any Governmental authority of a license or similar authorization or approval necessary in connection with the manufacture or sale of the Licensed Products; provided, however, that any such obligation or duty, although the satisfaction or performance thereof has been postponed pursuant to this Article VIII, shall remain in force and effect and shall be satisfied and performed pursuant to this License -12- Agreement as soon as such satisfaction and performance becomes legally and practicably possible and IGEN shall make such effort as in IGEN's sole judgment, necessary to regain approval. ARTICLE X - NOTICES ------------------- Any notice given hereunder to be effective shall be in writing and transmitted by certified mail or facsimile transmission, to the recipient at the address stated below. Either party may notify the other in the manner set forth above at the following addresses: For MP: Micro-Pak, Inc. 209 Baynard Building 3411 Silverside Road Wilmington, Delaware Attention: Chairman For IGEN: Igen, Inc. 103 Springer Building 3411 Silverside Road Wilmington, Delaware Attention: President Either party hereto may change its address for the purposes of this Agreement by giving the other party written notice of its new address. ARTICLE XI - MISCELLANEOUS PROVISIONS ------------------------------------- 11.1 Assignment. The rights granted under this Agreement shall ----------- accrue to MP and its successors and assigns, and to IGEN and its successors and assigns. Prompt notification of any such assignment shall be given to the other party. -13- 11.2 Warranty of License to Others. MP represents, covenants and ------------------------------ warrants to IGEN that no license or right has been or will be granted during the exclusive term of this Agreement by MP to any third party to manufacture, use or sell the Licensed Products in the Field within the scope of the grant of paragraph 2.1 and MP itself shall not manufacture or sell the Licensed Products in the Field within the scope of the grant of paragraph 2.1, except MP may manufacture to the extent necessary for its research purposes. 11.3 Mediation and Arbitration. Both parties agree that they shall -------------------------- attempt to resolve any dispute arising from this Agreement through mediation. Both parties agree that at least one company employee, capable of negotiating an agreement on behalf of his company, shall, within three weeks of receipt of written notification of a dispute, meet with at least one employee of the other party who is also capable of negotiating an agreement on behalf of his company. If no agreement can be reached, both parties agree to meet again within a four week period after the initial meeting to negotiate in good faith to resolve the dispute. If no agreement can be reached after this second meeting, both parties agree to submit the dispute to arbitration under the Rules of the American Arbitration Association before a single arbitrator. 11.4 No Waiver. This License Agreement may be amended, modified, ---------- superseded or canceled, and any of the terms and conditions hereof may be modified, only by a written instrument executed by both parties or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same, and no waiver of any nature, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or considered as a further or continuing waiver of any other provision of this License Agreement. -14- 10.4 Severability. In the event that any one or more of the ------------- agreements, provisions or terms contained herein shall be declared invalid, illegal or unenforceable in any respect, the validity of the remaining agreements, provisions or terms contained herein shall in no way be affected, prejudiced or disturbed thereby. 11.5 Entire Agreement. This License Agreement contains the entire ----------------- agreement between the parties hereto with respect to the subject matter hereof. 11.6 Governing Law. This License Agreement shall be governed by, and -------------- construed and enforced in accordance with the laws of the State of Delaware. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the day and year first above written. MICRO-PAK, INC. By: /s/ SIGNATURE TO COME ----------------------------------- Title: SECRETARY -------------------------------- IGEN, INC. By: /s/ Kevin J. Bratton ----------------------------------- Title: TREASURER -------------------------------- -15- APPENDIX A ---------- TO BE ADDED -16- APPENDIX A ---------- NVR/IMH FOREIGN PATENTS GRANTED ----------------------- REF. NO. COUNTRY PATENT SERIAL NO. DATE FILED PATENT NO. GRANTED - ---------------------------------------------------------------------------------------------------------------------------------- NVR-0019CH SWIT METHOD OF PRODUCING HIGH AQUEOUS VOLUME MULTILAMELLAR 88 90 4011.9 03/08/88 0349593 03/08/88 NVR-0019CPCA CANA METHOD OF PRODUCING HIGH AQUEOUS VOLUME MULTILAMELLAR 561288 03/11/88 1289420 09/24/88 NVR-0019CPJP JAPA METHOD OF PRODUCING HIGH AQUEOUS VOLUME MULTILAMELLAR 63-503735 03/08/88 1876852 03/08/88 NVR-0019DE GERW METHOD OF PRODUCING HIGH AQUEOUS VOLUME MULTILAMELLAR 88 90 4011.9 03/08/88 P3866544.1 03/08/88 NVR-0019FR FRAN METHOD OF PRODUCING HIGH AQUEOUS VOLUME MULTILAMELLAR 88 90 4011.9 03/08/88 0349593 03/08/88 NVR-0019GB GBRI METHOD OF PRODUCING HIGH AQUEOUS VOLUME MULTILAMELLAR 88 90 4011.9 03/08/88 0349593 03/08/88 NVR-0023BE BELG METHOD AND APPARATUS FOR PRODUCING LIPID VESICLES 89 90 3640.4 03/02/89 0406273 03/02/89 NVR-0023CA CANA METHOD AND APPARATUS FOR PRODUCING LIPID VESICLES 592763 03/03/89 1320400 07/20/93 MVR-0023CH SWIT METHOD AND APPARATUS FOR PRODUCING LIPID VESICLES 89 90 3640.4 03/02/89 0406273 03/02/89 NVR-0023DE GERW METHOD AND APPARATUS FOR PRODUCING LIPID VESICLES 89 90 3640.4 03/02/89 P68910969.5-08 03/02/89 NVR-0023FR FRAN METHOD AND APPARATUS FOR PRODUCING LIPID VESICLES 89 90 3640.4 03/02/89 0406273 03/02/89 NVR-0023GB GBRI METHOD AND APPARATUS FOR PRODUCING LIPID VESICLES 89 90 3640.4 03/02/89 0406273 03/02/89 NVR-0028CA CANA LIPID VESICLES FORMED OF SURFACTANTS AND STEROIDS 561289 03/11/88 1311415 12/15/92 NVR-0028DE GERW LIPID VESICLES FORMED OF SURFACTANTS AND STEROIDS 88 90 3061.5 03/08/88 P3867635.4 03/08/88 NVR-0031AU ASTL PAUCILAMELLAR LIPID VESICLES 15416/88 03/08/88 605581 03/08/88 NVR-0031CA CANA PAUCILAMELLAR LIPID VESICLES 561290 03/11/88 1289419 09/24/91 NVR-0031CH SWIT PAUCILAMELLAR LIPID VESICLES 88 90 3062.3 03/08/88 0352282 01/08/92 NRV-9931DE GERW PAUCILAMELLAR LIPID VESICLES 88 90 3062.3 03/08/88 P3867637.0 01/08/92 NVR-0031FR FRAN PAUCILAMELLAR LIPID VESICLES 88 903062.3 03/08/88 0352282 01/08/92 NVR-0031GB GBRI PAUCILAMELLAR LIPID VESICLES 88 90 3062.3 03/08/88 0352282 03/08/88 -2- FOREIGN PATENTS GRANTED ----------------------- REF. NO. COUNTRY PATENT SERIAL NO. DATE FILED PATENT NO. GRANTED - ---------------------------------------------------------------------------------------------------------------------------------- NVR-0031NZ NEWZ PAUCILAMELLAR LIPID VESICLES 223843 03/10/88 223843 03/10/88 NVR-0031ZA SAFR PAUCILAMELLAR LIPID VESICLES 88/1763 03/11/88 88/1763 03/11/88 NVR-034CA CANA ENCAPSULATED HUMECTANT 608638 08/17/89 1332153 09/27/94 NVR-0036CA CANA BIODEGRADABLE SUPERABSORBING SPONGE 2049055 03/08/90 2049055 07/05/94 NVR-0036SF SAFR BIODEGRADABLE SUPERABSORBING SPONGE 90/1853 03/09/90 90/1853 08/28/91 NVR-0038AU ASTL ENCAPSULATION OF PARASITICIDES 49446/90 12/18/89 633540 12/18/89 NVR-0047AU ASTL BIODEGRADABLE INCONTINENCE DEVICE 59432/90 06/13/90 632598 06/13/90 NVR-0047JP JAPA BIODEGRADABLE INCONTINENCE DEVICE 02-509554 06/13/90 NVR-0049AU ASTL PAUCILAMELLAR LIPID VESICLES USING CHARGE-LOCALIZED,SINGLE 64098/90 09/18/90 633631 09/18/90 NVR-0049BE BELG PAUCILAMELLAR LIPID VESICLES USING CHARGE-LOCALIZED,SINGLE 90 91 3925.5 09/18/90 0493441 09/18/90 NVR-0049CH SWIT PAUCILAMELLAR LIPID VESICLES USING CHARGE-LOCALIZED,SINGLE 90 91 3925.5 09/18/90 0493441 09/18/90 NVR-0049DE GERM PAUCILAMELLAR LIPID VESICLES USING CHARGE-LOCALIZED,SINGLE 90 91 3925.5 09/18/90 69015642.1 09/18/90 NVR-0049EP EPC PAUCILAMELLAR LIPID VESICLES USING CHARGE-LOCALIZED,SINGLE 90 91 3925.5 09/18/90 0493441 12/28/94 NVR-0049FR FRAN PAUCILAMELLAR LIPID VESICLES USING CHARGE-LOCALIZED 90 91 3925.5 09/18/90 0493441 09/18/90 NVR-0049GB GBRI PAUCILAMELLAR LIPID VESICLES USING CHARGE-LOCALIZED 90 91 3925.5 09/18/90 0493441 1E1990 NVR-0049JP JAPA PAUCILAMELLAR LIPID VESICLES USING CHARGE-LOCALIZED SINGLE 02-513089 09/18/90 NVR-0050DE GERW PARTICULATE ABSORBENT MATERIAL 90 90 4542.9 03/08/90 0462178 03/08/90 NVR-0050GB GBRI PARTICULATE ABSORBENT MATERIAL 90 90 4542.9 03/08/90 0462178 03/08/90 NVR-0050JP JAPA PARTICULATE ABSORBANT MATERIAL 02-504607 03/08/90 1996619 12/08/95 NVR-0050SE SWED PARTICULATE ABSORBENT MATERIAL 90 90 4542.9 03/08/90 0462178 03/08/90 NVR-0055AU ASTL CONTROLLED RELEASE VEHICLE 79812/91 05/07/91 638846 05/07/91 NVR-0060EP EPC RINSE-FREE SHAMPOO 91 91 3520.2 07/16/91 0539474 10/11/95 NVR-0060SF SAFR RINSE-FREE SHAMPOO 91/5587 07/17/91 91/5587 07/17/91 -3- FOREIGN PATENTS GRANTED ----------------------- REF. NO. COUNTRY PATENT SERIAL NO. DATE FILED PATENT NO. GRANTED - --------------------------------------------------------------------------------------------------------------------------------- NVR-0083SF SAFR LIPID VESICLES HAVING AN ALKYD AS A WALL-FORMING MATERIAL 92/1015 02/12/92 92/1015 02/12/92 NVR-0086AU ASTL GAS AND OXYGEN CARRYING LIPID VESICLES 15388/92 02/26/92 660970 07/13/95 IMH-0022CA CANA METHOD OF MANUFACTURING UNILAMELLAR LIPID VESICLES 572961 25JL1988 1330532 05JL1994 IMH-0023EP EPC METHOD AND APPARATUS FOR PRODUCING LIPID VESICLES 89 90 3640.4 02MR1989 0406273 02MR1989 IMH-0031EP EPC PAUCILAMELLAR LIPID VESICLES 88 90 3062.3 08MR1988 0352282 08JA1992 IMH-0050EP EPC PARTICULATE ABSORBENT MATERIAL 90 90 4542.9 08MR1990 0462178 08MR1990 IMH-0060AU ASTL RINSE-FREE SHAMPOO 81955/91 16JL1991 649055 16JL1991 IMH-0060GB GBRI RINSE-FREE SHAMPOO 91 91 3520.2 16JL1991 0539474 16JL1991 IMH-0121AU ASTL BLENDED LIPID VESICLES 24930/92 20AU1992 655072 23MR1995 IMH-0127SF SAFR METHOD AND INHIBITING VIRAL REPRODUCTION 94/0102 07JA1994 94/0102 07JA1994 -4- U.S. PATENTS GRANTED -------------------- REF. NO. COUNTRY PATENT SERIAL NO. DATE FILED PATENT NO. GRANTED - ---------------------------------------------------------------------------------------------------------------------------------- NVR-0031CN USA PAUCILAMELLAR LIPID VESICLES 443,516 11/29/89 5147723 09/15/92 NVR-0037 USA ENCAPSULATION IONOPHORE GROWTH FACTOR 287108 12/20/88 5023086 06/11/91 NVR-0046C2 USA HYBRID PAUCILAMELLAR LIPID VESICLES 07/759732 09/12/91 5234767 08/10/93 NVR-0049 USA PAUCILAMELLAR LIPID VESICLES USING CHARGE-LOCALIZED,SINGLE 07/410608 09/21/89 5032457 07/16/91 NVR-0060CN USA RINSE-FREE SHAMPOO 07/809230 12/17/91 5234621 08/10/93 NVR-0073 USA BIODEGRADABLE GEL 07/587240 09/24/90 5234915 08/10/93 NVR-0078 USA METHOD OF MAKING OIL FILLED PAUCILAMELLAR LIPID VESICLES 598120 10/16/90 5160669 11/03/92 NVR-0082 USA LIPID VESICLES HAVING N N-DIMETHYLAMIDE DERIVATIVES AS THEIR 07/735645 07/15/91 5213805 05/25/93 NVR-0083 USA LIPID VESICLES HAVING AN ALKYD AS A WALL-FORMING MATERIAL 654327 02/12/91 5164191 11/17/92 NVR-0091CN USA LIPID VESICLE CONTAINING WATER-IN-OIL EMULSIONS 07/909112 07/08/92 5256422 10/26/93 NVR-0148CN USA EXTENDED DURATION ANTACID PRODUCT 08/210645 03/18/94 5490985 02/13/96 NVR-0215 USA SUCROSE DISTEARATE LIPID VESICLES 08/148885 11/08/93 5405615 04/11/95 IMH-0005 USA PNEUMATIC INJECTION APPARATUS 881033 24FE1978 4177810 11DE1979 IMH-0019CP USA METHOD OF PRODUCING HIGH AQUEOUS VOLUME MULTILAMELLAR 078658 28JL1987 4855090 08AU1989 IMH-0022 USA METHOD OF MANUFACTURING UNILAMELLAR LIPID VESICLES 078834 28JL1987 4853228 01AU1989 IMH-0023 USA METHOD AND APPARATUS FOR PRODUCING LIPID VESICLES 163806 03MR1988 4895452 23JA1990 IMH-0023DV USA METHOD AND APPARATUS FOR PRODUCING LIPID VESICLES 430119 01NO1989 5013497 07MY1991 IMH-0028 USA LIPID VESICLES FORMED OF SURFACTANTS AND STEROIDS 124824 24NO1987 4917951 17AP1990 IMH-0031 USA PAUCILAMELLAR LIPID VESICLES 07/157571 03MR1988 4911928 27MR1990 IMH-0031CN3 USA PAUCILAMELLAR LIPID VESICLES 200351 03FE1994 5474848 12DE1995 -5- U.S. PATENTS GRANTED -------------------- REF. NO. COUNTRY PATENT SERIAL NO. DATE FILED PATENT NO. GRANTED - -------------------------------------------------------------------------------------------------------------------------- IMH-0034 USA ENCAPSULATED HUMECTANT 234309 19AU1988 4942038 7JL1990 IMH-0035 USA PROTEIN COUPLING TO LIPID VESICLES 300079 19JA1989 5000960 19MR1991 IMH-0036 USA BIODEGRADABLE SUPERABSORBING SPONGE 320944 09MR1989 4959341 25SE1990 IMH-0036DV USA METHOD OF USING BIODEGRADABLE SUPERABSORBING SPONGE 552587 12JL1990 5073202 17DE1991 IMH-0038 USA ENCAPSULATION OF PARASITICIDES 286731 20DE1988 5019392 28MY1991 IMH-0041 USA REINFORCED PAUCILAMELLAR LIPID VESICLES 371738 26JE1989 5104736 14AP1992 IMH-0047 USA BIODEGRADABLE INCONTINENT DEVICE 371210 26JE1989 4944734 31JL1990 IMH-0048 USA LIPOSOMAL CLEANER 410650 21SE1989 5019174 28MY1991 IMH-0050 USA PARTICULATE ABSORBENT MATERIAL 490356 08MR1990 4952550 28AU1990 IMH-0055 USA CONTROLLED RELEASE VEHICLE 521086 09MY1990 5049395 17SE1991 IMH-0073 USA BIODEGRADABLE GEL 587240 24SE1990 5234915 10AU1993 IMH-0086 USA GAS AND OXYGEN CARRYING LIPID VESICLES 662850 01MR1991 5219538 16JE1993 IMH-0121 USA BLENDED LIPID VESICLES 07/761253 17SE1991 5260065 09NO1993 IMH-0209 USA LIPID VESICLES CONTAINING AVOCADO OIL UNSAPONIFIABLES 15DE1993 IMH-0214 USA PROPYLENE GLYCOL STEARATE VESICLES 148952 08NO1993 5439967 08AU1995 -6- FOREIGN PATENTS FILED --------------------- REF. NO. COUNTRY PATENT SERIAL NO. DATE FILED - ------------------------------------------------------------------------------------------------------------ NVR-0023BR BRAZ METHOD AND APPARATUS FOR PRODUCING LIPID VESICLES P1 89 07293 03/02/89 NVR-0023JP JAPA METHOD AND APPARATUS FOR PRODUCING LIPID VESICLES 01-503339 03/02/89 NVR-0028JP JAPA LIPID VESICLES FORMED OF SURFACTANTS AND STEROIDS 63502979 03/08/88 NVR-0031BR BRAZ PAUCILAMELLAR LIPID VESICLES P18807410 03/08/88 NVR-0031JP JAPA PAUCILAMELLAR LIPID VESICLES 63-502980 03/08/88 NVR-0031KR KORS PAUCILAMELLAR LIPID VESICLES 701447/88 03/08/88 NVR-0031SU USSR PAUCILAMELLAR LIPID VESICLES 4742173 03/08/88 NVR-0035CA CANA PROTEIN COUPLING OF LIPID VESICLES 2046893 01/10/90 NVR-0036EP EPC BIODEGRADABLE SUPERABSORBING SPONGE 90 90 5032.0 03/08/90 NVR-0036JP JAPA BIODEGRADABLE SUPERABSORBING SPONGE 02-505069 03/08/90 NVR-0036KR KORS BIODEGRADABLE SUPERABSORBING SPONGE 702416/90 03/08/90 NVR-0038BR BRAZ ENCAPSULATION OF PARASITICIDES PI 8907837 12/18/89 NVR-0038CA CANA ENCAPSULATION OF PARASITICIDES 2006251-7 12/20/89 NVR-0038JP JAPA ENCAPSULATION OF PARASITICIDES 02-502095 12/18/89 NVR-0041CA CANA REINFORCED PAUCILAMELLAR LIPID VESICLES 2062726 06/13/90 NVR-0047CA CANA BIODEGRADABLE INCONTINENCE DEVICE 2060660 06/13/90 NVR-0049BR BRAZ PAUCILAMELLAR LIPID VESICLES USING CHARGE-LOCALIZED,SINGLE P190076781 09/18/90 NVR-0049CA CANA PAUCILAMELLAR LIPID VESICLES USING CHARGE-LOCALIZED,SINGLE 2066617 09/18/90 NVR-0050CA CANA PARTICULATE ABSORBENT MATERIAL 2049054 03/08/90 NVR-0050SK KORS PARTICULATE ABSORBENT MATERIAL 702417/900 03/08/90 -7- FOREIGN PATENTS FILED --------------------- DATE REF. NO. COUNTRY PATENT SERIAL NO. FILED - ------------------------------------------------------------------------------------------------------------------------------------ NVR-0055CA CANA CONTROLLED RELEASE VEHICLE 2082496 05/07/91 NVR-0055EP EPC CONTROLLED RELEASE VEHICLE 91 91 1101.3 05/07/91 NVR-0055JP JAPA CONTROLLED RELEASE VEHICLE 03-510601 05/07/91 NVR-0060CA CANA RINSE-FREE SHAMPOO 2087176 07/16/91 NVR-0060JP JAPA RINSE-FREE SHAMPOO 03-512323 07/16/91 NVR-0060KR KORS RINSE-FREE SHAMPOO 93-700069 07/16/91 NVR-0078CA CANA METHOD OF MAKING OIL FILLED PAUCILAMELLAR LIPID VESICLES 2093526 10/15/91 NVR-0078EP EPC METHOD OF MAKING OIL FILLED PAUCILAMELLAR LIPID VESICLES 91 92 0355.4 10/15/91 NVR-0078JP JAPA METHOD OF MAKING OIL FILLED PAUCILAMELLAR LIPID VESICLES 04-500743 10/15/91 NVR-0082CA CANA LIPID VESICLES HAVING N N-DIMETHYLAMIDE DERIVATIVES AS THEIR 2114836 07/21/92 NVR-0083CA CANA LIPID VESICLES HAVING AN ALKYD AS A WALL-FORMING MATERIAL 2103808 02/10/92 NVR-0083EP EPC LIPID VESICLES HAVING AN ALKYD AS A WALL-FORMING MATERIAL 92 90 7074.6 02/10/92 NVR-0083EPDV EPC LIPID VESICLES HAVING AN ALKYD AS A WALL-FORMING MATERIAL 96 10 2243.1 02/10/92 NVR-0086CA CANA GAS AND OXYGEN CARRYING LIPID VESICLES 2106405 02/26/92 NVR-0086JP JAPA GAS AND OXYGEN CARRYING LIPID VESICLES 04-507835 02/26/92 NVR-0091BR BRAZ LIPID VESICLE CONTAINING WATER-IN-OIL EMULSIONS PI9205819 03/25/92 NVR-0091CA CANA LIPID VESICLE CONTAINING WATER-IN-OIL EMULSIONS 2108039 03/25/92 NVR-0091EP EPC LIPID VESICLE CONTAINING WATER-IN-OIL EMULSIONS 92 91 0447.9 03/25/92 NVR-0091JP JAPA LIPID VESICLE CONTAINING WATER-IN-OIL EMULSIONS 04-510613 03/25/92 NVR-0127CA CANA METHOD AND INHIBITING VIRAL REPRODUCTION 2153780 01/03/94 NVR-0148EP EPC EXTENDED DURATION ANTACID PRODUCT 94 90 1572.1 11/17/93 NVR-0209PC PCT LIPID VESICLES CONTAINING AVOCADO OIL UNSAPONIFIABLES PCT/US94/12158 10/25/94 NVR-0213PC PCT METHOD AND INHIBITING VIRAL REPRODUCTION PCT/US95/00475 01/11/95 -8- FOREIGN PATENTS FILED --------------------- REF. NO. COUNTRY PATENT SERIAL NO. DATE FILED - ----------------------------------------------------------------------------------------------------------------------- NVR-0214PC PCT PROPYLENE GLYCOL STEARATE VESICLES PCT/US94/12157 10/25/94 NVR-0215PC PCT SUCROSE DISTEARATE LIPID VESICLES PCT/US94/12156 10/25/94 NVR-0298PC PCT ANTIMICROBIAL OIL-IN-WATER EMULSIONS PCT/US95/06236 05/18/95 NVR-0298ZA SAFR ANTIMICROBIAL OIL-IN-WATER EMULSIONS 95/9426 11/07/95 NVR-0299CPPC PCT SOLVENT DETERGENT EMULSIONS HAVING ANTIVIRAL ACTIVITY NEW APPLICATION 03/19/96 NVR-0300PC PCT EOXY ESTER VESICLES AND PAINTS PCT/US95/13877 10/26/95 NVR-0310PC PCT MICELLAR NANOPARTICLES PCT/US96/01410 01/29/96 NVR-0310ZA SAFR MICELLAR NANOPARTICLES 96/0738 01/31/96 NVR-0311PC PCT ANTIBACTERIAL OIL-IN-WATER EMULSIONS PCT/US95/06234 05/18/95 NVR-0311ZA SAFR ANTIBACTERIAL OIL-IN-WATER EMULSIONS 95/9427 11/07/95 NVR-0325PC PCT GRAM NEGATIVE BACTERIAL INFECTION VACCINE PCT/US95/15446 11/09/95 IMH-0121CA CANA BLENDED LIPID VESICLES 2119250 20AU1992 IMH-0121EP EPC BLENDED LIPID VESICLES 92 91 8622.9 20AU1992 IMH-0121JP JAPA BLENDED LIPID VESICLES 05-506038 20AU1992 IMH-0148CA CANA EXTENDED DURATION ANTACID PRODUCT 2150463 17NO1993 IMH-0148JP JAPA EXTENDED DURATION ANTACID PRODUCT NEW APPLICATION 17NO1993 IMH-0148PC PCT EXTENDED DURATION ANTACID PRODUCT PCT/US93/11180 17NO1993 IMH-0216PC PCT METHOD OF TRANSMITTING A BIOLOGICALLY ACTIVE MATERIAL PCT/US94/14537 15DE1994 -9- U.S. PATENTS FILED ------------------ REF. NO. COUNTRY PATENT SERIAL NO. DATE FILED - ------------------------------------------------------------------------------------------------------- NVR-0046CN4 USA HYBRID PAUCILAMELLAR LIPID VESICLES 08/456283 05/31/95 NVR-0146CN USA ENTRAPMENT VEHICLE AND METHOD 08/335207 11/07/94 NVR-0209C2 USA LIPID VESICLES CONTAINING AVOCADO OIL UNSAPONIFIABLES 08/583667 01/05/96 NVR-0213 USA VACCINES CONTAINING PAUCILAMELLAR LIPID VESICLES AS 08/201346 02/24/94 NVR-0216CN USA LIPID VESICLE FUSION AS A METHOD OF TRANSMITTING A 08/420324 04/11/95 NVR-0282 USA ANTIMICROBIAL OIL-IN-WATER EMULSIONS 08/246868 05/20/94 NVR-0298 USA ANTIMICROBIAL OIL-IN-WATER EMULSIONS 08/322827 10/13/94 NVR-0299 USA SOLVENT DETERGENT EMULSIONS HAVING ANTIVIRAL ACTIVITY 08/427042 04/24/95 NVR-0299CP USA SOLVENT DETERGENT EMULSIONS HAVING ANTIVIRAL ACTIVITY 08/593651 01/29/96 NVR-0302 USA GRAM NEGATIVE BACTERIAL INFECTION VACCINE 08/389637 02/16/95 NVR-0300 USA EPOXY ESTER VESICLES AND PAINTS 08/333757 11/03/94 NVR-0305 USA VIRUS INACTIVATING OIL-IN-WATER EMULSIONS 08/329730 10/26/94 NVR-0310 USA MICELLAR NANOPARTICLES 08/380942 01/31/95 NVR-0325 USA GRAM NEGATIVE BACTERIAL INFECTION VACCINE 08/482552 06/07/95 NVR-0339 USA ADJUVANT PROPERTIES OF POLY(AMIDOAMINE)DENDRIMERS 08/597938 02/07/96 IMH-0046C3 USA HYBRID PAUCILAMELLAR LIPID VESICLES 08/005940 19JA1993 IMH-0127CN USA METHOD OF INHIBITING VIRAL REPRODUCTION 08/265506 24JE1994 IMH-0308 USA STIMULATION OF HAIR FOLLICLES 06OC1995 IMH-0311 USA ANTIBACTERIAL OIL-IN-WATER EMULSIONS 443937 18MY1995