ANNUAL FINANCIAL REPORT 2010 2010 - TiGenix

Exclusive License AgreementCellerix has exclusively licensed the patent family “Artificialdermis and production method thereof” underlying theCx501 product from the consortium of assignees CIEMAT, theAsturias Community Transfusion Centre – Spanish Red Crossand the Marcelino Botín Foundation. The license agreementwas executed on May 13, 2005. The licensor reserves the rightto terminate the agreement if the product is not commerciallyavailable within 10 years as foreseen in the agreement. Thereis the risk that the agreement may be terminated should aproduct not be available within this timeframe.Co-ownership AgreementsA number of Cellerix´ patent families are the result ofcollaborations with academic parties, and are jointly owned.Co-ownership agreements are in place for all such patentfamilies.The Universidad Autónoma de Madrid (UAM) and Cellerix havejointly developed the following patents:• “Biomaterial for suturing.” (PCT Publication NumberWO2006035083)• “Identification and isolation of multipotent cells fromnon-osteochondral mesenchymal tissue.” (PCT PublicationNumber WO2006037649)• “Use of adipose tissue-derived stromal stem cells in treatingfistula.” (PCT Publication Number WO2006136244)As agreed in the license executed on November 3, 2004 andamended on April 24, 2008, UAM exclusively licensed rights(including the right to sub-license) to (the parent applications)P200402355 and P200402083 (and their subsequentinternational equivalents as listed above) of the above patentfamilies to Cellerix.The Consejo Superior de Investigaciones Científicas (CSIC) andCellerix have jointly developed the patent “Cell populationshaving immunoregulatory activity, method for isolationand uses” (PCT Publication number WO2007039150). A coownershipagreement exclusively licensing all rights wasexecuted on June 1, 2009.The University of Seville, CSIC and Cellerix have jointlydeveloped the patent “Uses of mesenchymal stem cells”(PCT Publication Number WO2010015929). A co-ownershipagreement exclusively licensing all rights was executed onJanuary 17, 2011.The Centro de Investigaciones Energéticas, Medioambientales yTecnológicas (CIEMAT) and Cellerix have jointly developed thepatent “Use of adipose tissue derived mesenchymal stem cellsfor the treatment of graft versus host disease” (PCT PublicationNumber WO2007065927). A co-ownership agreement wasexecuted on December 2, 2005 recognizing that the patentwas jointly owned and outlining procedures for the jointprosecution of such.Patent PortfolioCellerix’ commercial success will depend, in part, on itsability to obtain patent protection in Europe and the US forcertain aspects of its cell therapy products, processes andrelated technologies. Cellerix therefore seeks to obtain patentprotection for these products, processes and technologies andwill continue to file patent applications with respect of multipleaspects of its technologies and products. A combination ofin-licensed and owned patent rights aims at protecting, asmuch as reasonably possible, Cellerix to exploit the commercialapplications of certain adult stem cell technologies.Cellerix’ current patent position is as follows:• eASC key base patents:• “Identification and isolation of multipotent cells from nonosteochondralmesenchymal tissue”: A patent family of onegranted Spanish patent, also pending in CA, CN, JP, SG, IL, US,EP, KR, AU and IN protecting a non-osteochondral derivedmultipotent adult stem cell population, characterized bya set of markers. Additionally the patent claims methodsfor identifying and isolating such cells its method ofidentification and isolation, as well as pharmaceuticalcompositions and therapeutic uses in healing and tissueregeneration.• “Use of adipose tissue-derived stromal stem cells in treatingfistula”: A patent family pending in CA, CN, JP, SG, IL, US,BR, MX, EP, KR, AU, NZ, RU & IN protecting an adiposederived stem cell composition characterized by a panelof cell surface markers, methods of preparation of such acomposition and the use thereof in treating fistula.• “Cell populations having immunoregulatory activity,method for isolation and uses” (PCT Publication numberWO2007039150): A patent family pending in CA, CN,JP, SG, IL, US, MX, EP, KR, AU & IN claiming a stem cell145 •