Patent Purchase Information of Seller

Transcription

1 Patent Purchase Information of Seller Seller submits the following information as of November 19, Contact Information. Name of company/assignee Name of seller (if different) Key contact person Address Phone Fax BIONOVO, INC. IP Shakti, LLC Jessica Morton Is this the person most knowledgeable about the IP being sold? Yes 212 Carnegie Center Dr. Suite 202 Princeton, NJ (609) The IP being sold includes (check all that apply). Patents, comprising: Issued U.S. patents: 3 Pending U.S. patents Provisional U.S. patents. Pending/issued foreign patents. Copyrights Trade Secrets/Know-how Trademarks 3. Provide a brief description of the IP being sold. Patents directed to pharmaceuticals for the treatment of cancer, including Bezielle. Page 1 of 6

2 4. Desired price (OK to provide range). 5. Why are these IP assets being sold? BIONOVO, LLC is currently the subject of a bankruptcy proceeding. The patents and patent applications are being sold as part of the bankruptcy proceeding. 6. Patent Related Information (the Patents ). Item Description of Invention / Title Status If Issued, Patent Number (If Pending or Provisional, Serial Number) Published or Unpublished Are Fees Current and Paid? Foreign Patents Pending or Issued Countries/ Numbers Seller s Comments 6.a. Scutellaria barbata 7,700,136 Published Yes extract for the Issued treatment of cancer 6.b. Process of making 8,197,868 Published Yes purified extract of Issued Scutellaria barbata D. Don 6.c Methods of detecting and treatment of cancers using Scutellaria barbata extract Issued 8,512,961 Published Yes Please note in Seller s Comments any patent for which there are any filing deadlines, payments or fee milestones coming up in the next 6 months. (Continue on separate page if necessary) 7. Will the assignee(s) or seller of the Patents retain rights to any other patents not being sold? Page 2 of 6

3 8. Have any licenses or encumbrances of any kind or nature been granted under the Patents? (Note: this includes any CNTS (covenant not to sue) which is granted to other third parties. For all licenses, please identify: a.any that are exclusive licenses. b. Any that provide the licensee with the right to past, present, or future infringement. c. Any field of use limitations. d. Royalty or other license payments associated with the licenses. e. Limitations or requirements for license, transfer or assignment.) 9. Have any federal, state or local government agencies, assistance groups, standards bodies, universities or other non-profit institutions ( Institutions ) in any way been involved with the Patents? (Note: Institutions to be described include any institutions with which your company or individuals at your company have engaged in any research and development or other technology sharing activities of any kind over the last 10 years.) 10. Are there any technical standards or other technology-related consortiums or other organizations ( Special Interest Groups ) that your company or individuals at your company have in any way been associated with over the last 10 years? 11. Are there any existing or potential secured or unsecured claims of ownership or potential Page 3 of 6

4 claims of ownership on the Patents by third party creditors or lien-holders? 12. Are there any existing or potential claims by any third party (other than those listed above in Question 11) or any patent office that your company or individuals at your company have reason to believe a third party could make regarding the Patents, including without limitation any ownership, licensing, infringement, validity and enforcement or other issues. 13. Are you aware of any known usage or suspected usage of or infringement of the Patents by any third party? 14. Is there any other information, including any studies, reports or opinions, including prior art searches, that may relate to the ownership, validity, enforceability, infringement or value of any of the Patents? 15. Have any of the Patents been the subject of any litigation? 16. Describe the likely process to sell the Patents, including timeframe. 17. Describe the due diligence materials currently available or which could be made available, and the process to view said materials. Page 4 of 6

5 18. Identify all parties or entities that must approve or could otherwise attempt to prevent the sale of the Patents, including but not limited to creditors, investors, trustees, Board of Directors, and company management. Bankruptcy Trustees; contact: Michael G. Kasolas, CPA United States Bankruptcy Trustee P.O. Box San Francisco, CA Phone: (415) Please note that for all pending and provisional patents, we will need to obtain: Patent applications (Note: if pending applications are not published at US PTO, please describe how you will provide necessary information for evaluation) PTO (or other patent agency) office actions and seller responses to the office action Amendments filed to the original application Page 5 of 6

6 Patent Rights To Be Assigned to Buyer Patent or App. Country Issue Date or Title and Inventor(s) & Publ. Filing Date 7,700,136 U.S. 11/13/2006 Scutellaria barbata extract for the treatment of cancer Cohen, Isaac 8,197,868 U.S. 11/19/2008 Process of making purified extract of Scutellaria barbata D. Don Cohen, Isaac 8,512,961 U.S. Methods of detecting and treatment of cancers 11/19/2008 using Scutellaria barbata extract Cohen, Isaac Page 6 of 6