exv10w19



 







Exhibit 10.19




Amended and Restated




Patent Access Agreement




among




Sucampo AG,




Sucampo Pharmaceuticals, Inc., Sucampo Pharma Europe, Ltd.




and Sucampo Pharma, Ltd.




June 30, 2006




 









 





TABLE OF CONTENTS




	 	 	 	 	 	 	 	 	 
	ARTICLE 1 — DEFINITIONS	 	 	2	 
	 
	 	 	 	 	 	 	 	 
	ARTICLE 2 — PATENT AND KNOW-HOW ACCESS	 	 	6	 
	 
	 	 	 	 	 	 	 	 
	 
	 	Section 2.1	 	Patent Licenses	 	 	6	 
	 
	 	Section 2.2	 	License to Know-How	 	 	7	 
	 
	 	Section 2.3	 	Sublicensing	 	 	7	 
	 
	 	Section 2.4	 	Improvement Patents	 	 	8	 
	 
	 	Section 2.5	 	Development Affiliate Intellectual Property	 	 	8	 
	 
	 	Section 2.6	 	SAG Know-How Transfer	 	 	8	 
	 
	 	 	 	 	 	 	 	 
	ARTICLE 3 — MILESTONE PAYMENTS, ROYALTIES AND REPORTS	 	 	8	 
	 
	 	 	 	 	 	 	 	 
	 
	 	Section 3.1	 	Milestone Payments and Sublicense Income	 	 	8	 
	 
	 	Section 3.2	 	Patent Royalty	 	 	9	 
	 
	 	Section 3.3	 	SAG Know-How Royalty	 	 	9	 
	 
	 	Section 3.4	 	Reports and Payments	 	 	10	 
	 
	 	Section 3.5	 	Records	 	 	11	 
	 
	 	Section 3.6	 	Audit of Records	 	 	11	 
	 
	 	Section 3.7	 	Withholding Taxes	 	 	11	 
	 
	 	 	 	 	 	 	 	 
	ARTICLE 4 — DEVELOPMENT	 	 	12	 
	 
	 	 	 	 	 	 	 	 
	 
	 	Section 4.1	 	Commercially Reasonable Efforts	 	 	12	 
	 
	 	Section 4.2	 	Reporting	 	 	12	 
	 
	 	Section 4.3	 	Remedy	 	 	13	 
	 
	 	Section 4.4	 	Noncompete	 	 	13	 
	 
	 	 	 	 	 	 	 	 
	ARTICLE 5 — CONFIDENTIALITY	 	 	14	 
	 
	 	 	 	 	 	 	 	 
	 
	 	Section 5.1	 	Confidentiality	 	 	14	 
	 
	 	Section 5.2	 	Exclusions	 	 	14	 
	 
	 	Section 5.3	 	Permitted Disclosures	 	 	14	 
	 
	 	Section 5.4	 	Delivery and Return of Confidential Information	 	 	14	 
	 
	 	 	 	 	 	 	 	 
	ARTICLE 6 — INTELLECTUAL PROPERTY	 	 	14	 
	 
	 	 	 	 	 	 	 	 
	 
	 	Section 6.1	 	Ownership of Intellectual Property	 	 	14	 
	 
	 	Section 6.2	 	Patent Prosecution and Maintenance	 	 	15	 
	 
	 	Section 6.3	 	Infringement by Third Parties	 	 	16	 
	 
	 	Section 6.4	 	Third Party Claims	 	 	16	 
	 
	 	Section 6.5	 	Non-Suit Covenant	 	 	17	 
	 
	 	 	 	 	 	 	 	 
	ARTICLE 7 — REGULATORY MATTERS	 	 	17	 
	 
	 	 	 	 	 	 	 	 
	 
	 	Section 7.1	 	Regulatory Filings	 	 	17	 






 









 






	 	 	 	 	 	 	 	 	 
	 
	 	Section 7.2	 	Audits by Tax Authorities	 	 	17	 
	 
	 	 	 	 	 	 	 	 
	ARTICLE 8 — REPRESENTATIONS & WARRANTIES	 	 	17	 
	 
	 	 	 	 	 	 	 	 
	 
	 	Section 8.1	 	Organization	 	 	17	 
	 
	 	Section 8.2	 	Authorization of Transaction	 	 	17	 
	 
	 	Section 8.3	 	No Conflicts	 	 	18	 
	 
	 	Section 8.4	 	Right to License	 	 	18	 
	 
	 	Section 8.5	 	No Claims	 	 	18	 
	 
	 	 	 	 	 	 	 	 
	ARTICLE 9 — TERM AND TERMINATION	 	 	18	 
	 
	 	 	 	 	 	 	 	 
	 
	 	Section 9.1	 	Term	 	 	18	 
	 
	 	Section 9.2	 	Termination	 	 	18	 
	 
	 	Section 9.3	 	Effect of Termination	 	 	19	 
	 
	 	Section 9.4	 	Rights under Bankruptcy	 	 	19	 
	 
	 	 	 	 	 	 	 	 
	ARTICLE 10 — DISPUTE RESOLUTION AND CHOICE OF LAW	 	 	20	 
	 
	 	 	 	 	 	 	 	 
	 
	 	Section 10.1	 	Negotiation	 	 	20	 
	 
	 	Section 10.2	 	Arbitration	 	 	20	 
	 
	 	Section 10.3	 	Special Rules	 	 	20	 
	 
	 	Section 10.4	 	Governing Law	 	 	20	 
	 
	 	 	 	 	 	 	 	 
	ARTICLE 11 — RIGHT OF FIRST REFUSAL	 	 	20	 
	 
	 	 	 	 	 	 	 	 
	 
	 	Section 11.1	 	Right of First Refusal	 	 	20	 
	 
	 	 	 	 	 	 	 	 
	ARTICLE 12 — MISCELLANEOUS	 	 	21	 
	 
	 	 	 	 	 	 	 	 
	 
	 	Section 12.1	 	Assignment	 	 	21	 
	 
	 	Section 12.2	 	Entire Agreement	 	 	21	 
	 
	 	Section 12.3	 	Waiver, Discharge, etc	 	 	21	 
	 
	 	Section 12.4	 	Execution in Counterparts	 	 	22	 
	 
	 	Section 12.5	 	Titles and Headings; Construction	 	 	22	 
	 
	 	Section 12.6	 	Benefit	 	 	22	 
	 
	 	Section 12.7	 	Force Majeure	 	 	22	 
	 
	 	Section 12.8	 	Notices	 	 	22	 
	 
	 	Section 12.9	 	Severability	 	 	23	 
	 
	 	Section 12.10	 	Limitation of Liability	 	 	23	 
	 
	 	Section 12.11	 	Unaffiliated Operating Company	 	 	24	 






	 	 	 
	Exhibit A

	 	Licensed Patents
	 
	 	 
	Exhibit B

	 	Declaration of Licensed Rights
	 
	 	 
	Schedule 3.1

	 	Pre-Paid Milestone Payments






ii









 





AMENDED AND RESTATED




PATENT ACCESS AGREEMENT



THIS AMENDED AND RESTATED PATENT ACCESS AGREEMENT (“Agreement”) is made as of June 30, 2006 by and
among (1) Sucampo AG, a corporation organized and existing under the laws of Switzerland and having
its principal office at Graben 5, CH-6300 Zug, Switzerland (“SAG”), (2) Sucampo Pharmaceuticals,
Inc., a corporation organized and existing under the laws of the state of Delaware, U.S.A. and
having its principal office at 4733 Bethesda Avenue, Suite 450, Bethesda, Maryland 20814, U.S.A.,
(“SPI”), (3) Sucampo Pharma, Ltd., a corporation organized and existing under the laws of Japan and
having its principal office at 2-2-16 Sonezakishinchi, Kita-Ku, Osaka, Japan 530-0002 (“SPL”), and
(4) Sucampo Pharma Europe, Ltd., a corporation organized and existing under the laws of the United
Kingdom and having its principal office 78 Cannon Street, London, EC4N6NQ, U.K. (“SPE”) (each
referred to herein as a “party” and collectively as the “parties”).




RECITALS:




     A. SAG owns all right, title and interest in and to certain patent rights, know-how, and trade
secrets related to certain pharmaceutical compounds, and desires to license to SPI, SPE and SPL
(each, an “Operating Company”) the exclusive rights under patented technology and know-how, to
develop and commercialize such compounds in such parties’ respective territories.



     B. SPI is an Affiliate of SAG, and as of the Effective Time (as defined below) each of SPE and
SPL will be wholly owned subsidiaries of SPI.



     C. The parties on July 30, 2002 entered in to a certain Patent Access and Data Sharing
Agreement, amended by Addenda dated December 12, 2002, December 18, 2002, March 5, 2003 and August
31, 2003, amended and restated on February 9, 2004 and further amended on April 27, 2005 (the
“Original Patent Access Agreement”), whereby SAG licensed certain of its patented technology and
know-how to each of the Operating Companies on an exclusive basis in their respective Territories.



     D. On November 30, 2000, SPI and SAG entered into a certain License Agreement, amended June 1,
2001 (the “8811 License Agreement”), whereby SAG licensed its patented technology and know-how
related to certain compounds, including the 8811compound, to SPI on an exclusive basis in North and
South America.



     E. On October 20, 2004, SPI and SAG entered into a certain License Agreement (the “0211
License Agreement”) whereby SAG licensed its patented technology and know-how related to the 0211
compound to SPI on an exclusive basis in its Territory.



     F. On February 21, 2006, SPI and SAG entered into a certain License Agreement (the “017
License Agreement”) whereby SAG licensed its patented technology and know-how related to the 017
compound to SPI on an exclusive basis in its Territory.



     G. The parties now wish to further amend and restate the Original Patent Access Agreement and
additionally to supercede thereby the 8811 License Agreement, the 0211 License



 









 







Agreement and the 017 License Agreement (such agreements, together with the Original Patent
Access Agreement, the “Original Agreements”).



     NOW, THEREFORE, the parties hereto agree as follows:



ARTICLE 1 — DEFINITIONS




     As used herein, the following definitions and terms shall have the designated meanings:



     Section 1.1 “Affiliate” means, with respect to a party, any Person which directly or
indirectly controls, is controlled by, or is under common control with such Party. For purposes of
this definition only, a Person shall be deemed to “control” another Person if (i) it owns, directly
or indirectly, at least fifty percent (50%) of the issued and outstanding voting securities,
capital stock, or other comparable equity or ownership interest of such other Person, or (ii) it
has the de facto ability to control or direct the management of such other Person. If the laws of
the jurisdiction in which such Person operates prohibit ownership by a Person of fifty percent
(50%) or more, “control” shall be deemed to exist at the maximum level of ownership allowed by such
jurisdiction, provided, however, that there is a de facto ability to direct or control its
management.



     Section 1.2 “Bankruptcy” means, with respect to SAG, a bankruptcy, composition
(“Nachlassverfahren”) or any other enforcement action in accordance with the Swiss Federal Code on
Debt Collection and Bankruptcy of April 11, 1889, as amended from time to time.



     Section 1.3 “Commercially Reasonable Efforts” means, with respect to a Selection Pool
Compound, the carrying out of development activities in a diligent and expeditious manner using
efforts and resources that pharmaceutical companies of similar market position typically devote to
their own compounds or products of similar market potential.



     Section 1.4 “Competing Product” means any pharmaceutical product (i) any mode of action of
which is substantially the same as the primary mode of action of any Original Compound or Selection
Pool Compound or (ii) that is approved for (or under pre-clinical or clinical development for) an
indication which is the same as (or a subset of) an indication for which a Licensed Product is
approved or under pre-clinical or clinical development.



     Section 1.5 “Confidential Information” means all information (including, without limitation,
Regulatory Data and Information, as defined below) provided to a party by another party, whether
oral, in writing or otherwise, including, without limitation, any information on the research,
development, markets, customers, suppliers, patent applications, inventions, products, procedures,
designs, formulas, business plans, financial projections, organizations, employees, consultants or
any other similar aspects of a party’s present or future business.



     Section 1.6 “Development Affiliate” means an Affiliate of SAG, other than an Operating
Company, engaged in the discovery and/or development of prostone compounds.



     Section 1.7 “Development Cost” means the out-of-pocket costs and internal costs incurred in
connection with non-clinical and clinical development of a compound. Internal costs shall be
determined by the FTE Rate multiplied by the number of FTEs. Out-of-pocket costs



2









 







shall mean external third party costs incurred by a party (or for its account by a contract
research organization (“CRO”)), including, without limitation, clinical trial expenses such as
investigator payments, CRO management fees, registration fees, third party monitoring costs and
comparator drugs.



     Section 1.8 “Effective Time” means the closing of the initial public offering of common stock
of SPI pursuant to an effective registration statement under the Securities Act of 1933, as
amended.



     Section 1.9 “Expiration” or “Expired” means with respect to a particular patent, the patent’s
expiration, abandonment; cancellation, disclaimer, award to another party other than SAG in an
interference proceeding, or declaration of invalidity or unenforceability of all claims thereof by
a court or other authority of competent jurisdiction (including a re-examination or reissue
proceeding) from which no further appeal has or can be taken. References to an “Unexpired” patent
shall mean a patent that has not Expired.



     Section 1.10 “Founders” and “Founder” mean Dr. Ryuji Ueno and Dr. Sachiko Kuno, together and
separately, as the case may be.



     Section 1.11 “FTE” means a full time equivalent person year of professional scientific and/or
technical work or managerial work to the extent working on or directly involved in the development
of a compound.



     Section 1.12 “FTE Rate” means (i) with respect to activities of FTEs based in the SPL
Territory, Thirty Four Million Five Hundred Thousand Yen (¥34,500,000) for the first full calendar
year of the Agreement, subject to an annual increase at the beginning of each calendar year
thereafter by the percentage increase, if any, in the Japanese Consumer Price Index, using index
base 2000=100 (“JCPI”), as published by the Statistics Bureau of the Ministry of Internal Affairs
and Communications for the calendar month most recently preceding such calendar year over the JCPI
for the same calendar month in the immediately preceding calendar year, (ii) with respect to
activities of FTEs based in the SPE Territory, Two Hundred Fifty
Thousand Euros (€250,000) for
the first full calendar year of the Agreement, subject to an annual increase at the beginning of
each calendar year thereafter by the percentage increase, if any, in the European Index of Consumer
Prices for All Items, using index base 2005=100 (“EICP”), as published by the European Commission
for the calendar month most recently preceding such calendar year over the EICP for the same
calendar month in the immediately preceding calendar year and (iii) with respect to activities of
FTEs based in the SPI Territory, Three Hundred Thousand Dollars for the first full calendar year of
the Agreement, subject to an annual increase at the beginning of each calendar year thereafter by
the percentage increase, if any, in the Consumer Price Index for all Urban Consumers for all Items,
using index base 1982-84=100 (“CPIU”), as published by the Bureau of Labor Statistics of the United
States Department of Labor for the calendar month most recently preceding such calendar year over
the CPIU for the same calendar month in the immediately preceding calendar year.



     Section 1.13 “Health Authority” means the United States Food & Drug Administration, the
European Medicines Evaluation Agency, the Japanese Kouseiroudosho and any corresponding
counterparts, as well as any successor entities thereto.



3









 





     Section 1.14 “Licensed Know-How” means the Original Know-How and the Selection Pool Know-How.



     Section 1.15 “Licensed Patents” means the Original Patents and the Selection Pool Patents,
including without limitation, the issued patents, and patents arising out of the patent
applications, listed on Exhibit A hereto.



     Section 1.16 “Licensed Product” means any human or veterinary pharmaceutical product (whether
prescription or over-the-counter), the manufacture, use or sale of which is covered by a Licensed
Patent or which uses or incorporates any of the Licensed Know-How that is substantial and
confidential.



     Section 1.17 “Loss of Control Date” means the first date upon which (i) the Founders together
beneficially own less than a majority of the voting power represented by SPI’s voting stock and
(ii) neither Founder is a member of the Board of Directors of SPI. For purposes of this
definition, “beneficial ownership” shall have the meaning given to that term in Section 13(d) of
the Securities Exchange Act of 1934, as amended, and shares beneficially owned by either of the
Founders individually shall be aggregated with shares beneficially owned by them together.



     Section 1.18 “Lubiprostone Product” means a pharmaceutical preparation for human use that
contains the compound SPI-0211 as an active ingredient.



     Section 1.19 “Marketing Authorization Application” means a New Drug Application (“NDA”), as
defined in the United States Food, Drug and Cosmetic Act and applicable regulations promulgated
there under, a Marketing Authorization Application, as issued by the European Medicines Evaluation
Agency, any counterpart authorization as issued by the Japanese Kouseiroudosho and any counterpart
in any other country.



     Section 1.20 “Net Sales” of Licensed Products for a particular period by a particular
Operating Company means the amount billed by an Operating Company and its Affiliates and their
sublicensees to distributors and other third parties for the sale of Licensed Products in such
Operating Company’s Territory (but not including sales between an Operating Company and its
Affiliates), less cash discounts and/or quantity discounts allowed, credits for customers; returns
and allowances; taxes, tariffs or duties levied, absorbed or directly imposed and properly
allocable to sales of such products; shipping and insurance costs and other outbound transportation
charges prepaid or allowed; uncollectible amounts; and amounts allowed or credited for chargebacks,
retroactive price reductions or rebates; all as determined by the standard accounting practices of
the Operating Company (or its Affiliate or Sublicensee, as applicable), which must be in conformity
with Generally Accepted Accounting Principles, International Accounting Standards or any other
standard accepted by the resident jurisdiction of the Operating Company (or its Affiliate or
Sublicensee, as applicable). If an Operating Company (or its Affiliate or Sublicensee, as
applicable) sells at a single price or rate a packaged combination of products, not all of which if
sold individually would be Licensed Products, then “Net Sales” of Licensed Products with respect to
such sales of packaged products shall equal the total sales price of the packaged combination
multiplied by the ratio of the individual retail list price of the Licensed Products contained in
the packaged combination to the sum of all individual retail list prices of every item in the
packaged combination (if all of such items were



4









 







sold separately). If all such items are not sold separately, any item not sold separately
shall have a price attributed to it by the Operating Company for purposes of this definition
consistent with pricing of similar products or their functional equivalents by such Operating
Company. Notwithstanding the foregoing, with respect to sales of Licensed Products by Takeda
Pharmaceutical Company Limited (“Takeda”) as SPI’s Sublicensee, “Net Sales” shall mean Net Sales
Revenue, as such term is defined in the Collaboration and License Agreement between SPI and Takeda
dated as of October 29, 2004 (“Takeda Agreement”), for so long as the Takeda Agreement remains in
effect.



     Section 1.21 “Operating Company” refers individually to SPL, SPE and SPI.



     Section 1.22 “Original Compound” means any of (i) SPI-0211, (ii) SPI-8811 or (iii) SPI-017, or
any isomer, ester, salt, hydrate, solvate, homolog, conjugate or polymorph thereof.



     Section 1.23 “Original Know-How” means all technical information, data, trade secrets and
know-how owned by or licensed (with the right of sublicense) to SAG on or before the Effective
Time, or acquired, made, created, developed, conceived or reduced to practice by SAG (or a
Development Affiliate of SAG) or any Operating Company during the term of this Agreement, relating
to an Original Compound (including, without limitation, composition of matter, formulations, dosing
regimens, synthesis and utility of an Original Compound) or necessary, used or useful for the
development, manufacture or commercialization of an Original Compound.



     Section 1.24 “Original Patents” means all patents and patent applications or relevant portions
thereof owned by or licensed (with a right of sublicense) to SAG on or before the Effective Time,
or which derive from inventions that are acquired, made, created, developed, conceived or reduced
to practice by SAG (or a Development Affiliate of SAG) or any Operating Company during the term of
this Agreement, relating to an Original Compound (including, without limitation, composition of
matter, formulations, dosing regimens, synthesis and utility of an Original Compound) or necessary,
used or useful for the development, manufacture or commercialization of an Original Compound, and
all reissues, continuations, continuations-in-part, extensions, reexaminations, and foreign
counterparts thereof.



     Section 1.25 “Person” means any natural person, corporation, general partnership, limited
partnership, joint venture, proprietorship or other business organization.



     Section 1.26 “Selection Pool Compound” means any prostone compound (or analog, prodrug,
precursor or metabolite thereof) (i) derived, discovered or acquired by SAG on or before the
Effective Time (other than the Original Compounds) or (ii) derived or discovered by any Operating
Company during the Specified Period.



     Section 1.27 “Selection Pool Know-How” means all technical information, data, trade secrets
and know-how (i) owned by or licensed (with the right of sublicense) to SAG on or before the
Effective Time or (ii) acquired, made, created, developed, conceived or reduced to practice by SAG
(or a Development Affiliate of SAG) during the term of this Agreement.



5









 





     Section 1.28 “Selection Pool Patents” means all patents and patent applications or relevant
portions thereof (i) that are owned by or licensed (with the right of sublicense) to SAG on or
before the Effective Time or (ii) which derive from inventions that are acquired, made, created,
developed, conceived or reduced to practice by SAG (or a Development Affiliate of SAG) during the
term of this Agreement, in each case relating to a Selection Pool Compound (including, without
limitation, composition of matter, method of use, formulations, dosing regimens, synthesis and
utility of a Selection Pool Compound) or necessary, used or useful for the development, manufacture
or commercialization of a Selection Pool Compound, or (iii) which derive from an invention that is
made, created, developed, conceived or reduced to practice by any Operating Company during the
Specified Period the practice of which would, in the absence of a license, infringe on a claim of
any unexpired patent described in (i) or (ii), and which has been assigned to SAG in accordance
with Section 2.4. Selection Pool Patents include all reissues, continuations,
continuations-in-part, extensions, reexaminations, and foreign counterparts of any of the
foregoing.



     Section 1.29 “Specified Period” means that period beginning the day after the Effective Time
and ending on the later of (i) June 30, 2011 or (ii) the Loss of Control Date.



     Section 1.30 “Sublicense Income” means all signing fees and/or milestones due and payable to
an Operating Company from a third party in consideration of the sublicensing or assignment by such
Operating Company to such third party of rights under this Agreement. For the avoidance of doubt,
Sublicense Income shall not include (a) amounts due and payable from such third parties as the
purchase price for securities (whether equity, debt or otherwise), (b) research and development
funding from such third parties or (c) royalties on sales of Licensed Products by such third
parties.



     Section 1.31 “Territory” means (a) with respect to SPL, the following countries located in
Asia: Australia; Bhutan; Brunei; Cambodia; China (including Hong Kong); India; Indonesia ; Japan;
Korea; Laos; Malaysia; Mongolia; Myanmar; Nepal; New Zealand; Pakistan; Philippines; Singapore; Sri
Lanka; Taiwan; Thailand; and Viet Nam (the “SPL Territory”); (b) with respect to SPI, all of the
countries located in North, Central and South America, including the Caribbean, and their
territories and possessions, and including for avoidance of doubt the United States of America and
all of its territories and possessions and any other location where the FDA has jurisdiction over
pharmaceutical products intended for human use (the “SPI Territory”), and (c) with respect to SPE,
all the remaining countries in the world (the “SPE Territory”).



ARTICLE 2 — PATENT AND KNOW-HOW ACCESS




     Section 2.1 Patent Licenses. Subject to the terms and provisions of this Agreement, SAG
hereby grants the following licenses:




     (a) SAG hereby grants to SPI a royalty-bearing and exclusive license, with right of
sublicense as provided in Section 2.3, under the Licensed Patents to develop, import, use,
make, have made, export, offer for sale and sell Licensed Products throughout the SPI
Territory;



6









 






     (b) SAG hereby grants to SPL a royalty-bearing and exclusive license, with right of
sublicense as provided in Section 2.3, under the Licensed Patents to develop, import, use,
make, have made, export, offer for sale and sell Licensed Products throughout the SPL
Territory;




     (c) SAG hereby grants to SPE a royalty-bearing and exclusive license, with right of
sublicense as provided in Section 2.3, under the Licensed Patents to develop, import, use,
make, have made, export, offer for sale and sell Licensed Products throughout the SPE
Territory;



      PROVIDED, HOWEVER, that each Operating Company shall have the limited right to make or have
made a Licensed Product in the Territory of any other Operating Company solely for the purpose of
developing, making, having made, using, offering for sale, selling or importing such Licensed
Product in that Operating Company’s own Territory.



      Section 2.2 License to Know-How. Subject to the terms and conditions of this Agreement, SAG
hereby grants the following licenses:




     (a) SAG hereby grants to SPI a royalty-bearing and exclusive license, with right of
sublicense as provided in Section 2.3, under the Licensed Know-How to develop, import, use,
make, have made, export, offer for sale and sell Licensed Products throughout the SPI
Territory;




     (b) SAG hereby grants to SPL a royalty-bearing and exclusive license, with right of
sublicense as provided in Section 2.3, under the Licensed Know-How to develop, import, use,
make, have made, export, offer for sale and sell Licensed Products throughout the SPL
Territory; and




     (c) SAG hereby grants to SPE a royalty-bearing and exclusive license, with right of
sublicense as provided in Section 2.3, under the Licensed Know-How to develop, import, use,
make, have made, export, offer for sale and sell Licensed Products throughout the SPE
Territory;



      PROVIDED, HOWEVER, that each Operating Company shall have the limited right to make or have
made a Licensed Product in the Territory of any other Operating Company solely for the purpose of
developing, making, having made, using, offering for sale, selling or importing such Licensed
Product in that Operating Company’s own Territory.



      Section 2.3 Sublicensing. Each Operating Company shall have the right to sublicense its
rights under Section 2.1 and Section 2.2 to third parties (including, without limitation, the other
Operating Companies), provided that the agreement in which such sublicense is granted shall conform
with the terms of this Agreement as may be necessary for the Operating Company to abide by all
duties, obligations and restrictions provided under this Agreement. In no event may an Operating
Company grant a sublicense that diminishes the rights or increases the obligations of any other
party under this Agreement without the prior written consent of that party. With reasonable
promptness following execution, the Operating Company shall provide a copy of any sublicense to SAG
provided that the financial terms of such sublicense agreement may be redacted.



7









 





      Section 2.4 Improvement Patents. Each Operating Company hereby assigns to SAG all right,
title and interest in and to any patentable invention made, created, developed, conceived or
reduced to practice by it during the Specified Period, the practice of which would, in the absence
of a license, infringe on a claim of any of the unexpired Selection Pool Patents. Further, each
Operating Company hereby assigns to SAG all right, title and interest in and to any patentable
invention made, created, developed, conceived or reduced to practice by it during the term of this
Agreement, the practice of which would, in the absence of a license, infringe on a claim of any of
the unexpired Original Patents. Each Operating Company agrees that upon request it will furnish
all necessary documentation relating to or supporting chain of title, sign all papers, take all
rightful oaths, and do all acts which may be reasonably necessary for vesting title to such
inventions in SAG, its successors, assigns and legal representatives or nominees. For the
avoidance of doubt, such inventions shall be included in the licenses granted in Section 2.1 and
Section 2.2 in accordance with their terms.



      Section 2.5 Development Affiliate Intellectual Property. SAG shall ensure that any
Development Affiliate promptly assigns to SAG all right, title and interest in and to any
prostone-related technical information, data, trade secrets, know-how and inventions made, created,
developed, conceived or reduced to practice by such Development Affiliate during the term of this
Agreement. For the avoidance of doubt, such technical information, data, trade secrets, know-how
and inventions shall be included in the licenses granted in Section 2.1 and Section 2.2 in
accordance with their terms.



      Section 2.6 SAG Know-How Transfer. Upon request, SAG shall provide to each Operating Company
copies of all tangible Licensed Know-How not previously disclosed to such Operating Company. From
time to time during the term of this Agreement, SAG shall reasonably inform each Operating Company
of the existence of any updated or new Licensed Know-How.



ARTICLE 3 — MILESTONE PAYMENTS, ROYALTIES AND REPORTS




      Section 3.1 Milestone Payments and Sublicense Income.




     (a) In consideration of the licenses granted in Section 2.1 and Section 2.2, each
Operating Company shall pay to SAG milestones with respect to each Licensed Product of (i)
$500,000 upon treatment of the first patient in the first Phase II Clinical Trial for such
Licensed Product designed for use (or actually used) in such Operating Company’s Territory
and (ii) $1,000,000 upon the filing of the first Marketing Authorization Application for
such Licensed Product in the applicable Operating Company’s Territory. The milestone
payments payable under this Section 3.1(a) by each Operating Company with respect to a
Licensed Product shall be payable only once, regardless of dosage form, dosage amount,
indication, or delivery method. The parties acknowledge that the Operating Companies have
made, prior to the Effective Time, those milestone payments set forth on Schedule 3.1 hereto
in consideration of licenses to Original Patents and Original Know-How granted pursuant to
the Original Agreements.



8









 






     (b) In addition to the milestone payments set forth in Section 3.1(a) above, in the
event that an Operating Company should receive any Sublicense Income, such Operating Company
shall pay to SAG five percent (5%) of such Sublicense Income.



      Section 3.2 Patent Royalty. In consideration of the licenses granted in Section 2.1, each
Operating Company shall pay to SAG, on a country-by-country basis, the following royalties on Net
Sales of Licensed Products in such Operating Company’s respective Territory:




     (a) With respect to Net Sales of Licensed Products for which the manufacture, use or
sale of such Licensed Products is covered by an Unexpired patent that is included in the
Original Patents:




	 	(i)	 	During the period from the first commercial
sale of such Licensed Product until such time as all of the Pre-IPO
Patents (as defined below) that would be infringed by the sale of such
Licensed Product have Expired in the country of sale, four and one-half
percent (4.5%); (provided that, with respect to Net Sales of
Lubiprostone Product by SPI, its Affiliates and sublicensees in the SPI
Territory, such rate shall be two and two-tenths percent (2.2%)); and
	 
	 	(ii)	 	If applicable, thereafter until such time as
all of the remaining Licensed Patents that would be infringed by the
sale of such Licensed Product have Expired in the country of sale, two
and one-quarter percent (2.25%) (provided that, with respect to Net
Sales of Lubiprostone Product by SPI, its Affiliates and sublicensees
in the SPI Territory, such rate shall be one and one-tenth percent
(1.1%)).






     (b) With respect to Net Sales of Licensed Products for which the manufacture, use or
sale of such Licensed Products is covered by an Unexpired patent that is included in the
Selection Pool Patents but was not covered at any time by a Pre-IPO Patent, during the
period from the first commercial sale of such Licensed Product until such time as all of the
Licensed Patents that would be infringed by the sale of such Licensed Product have Expired
in the country of sale, two and one-quarter percent (2.25%).



      For purposes of this Section 3.2, a “Pre-IPO Patent” means a Licensed Patent which was owned
by or licensed (with right of sublicense) to SAG on or before the Effective Time, and all reissues,
continuations, continuations-in-part, extensions, reexaminations, and foreign counterparts thereof.
Upon expiration of the royalty obligation set forth in this Section 3.2, such Operating Company’s
license under Section 2.1 shall continue on a fully-paid and royalty-free basis.



      Section 3.3 SAG Know-How Royalty.




     (a) In consideration of the licenses granted in Section 2.2, each Operating Company
shall pay to SAG, on a country-by-country basis, a royalty of two percent (2%) of Net Sales
of Licensed Products in such Operating Company’s respective Territory



9









 






(provided that, with respect to Net Sales of Lubiprostone Product by SPI, its
Affiliates and sublicensees in the SPI Territory, such rate shall be one percent (1%)).




     (b) The royalty obligation set forth in Section 3.3(a) shall continue, on a
country-by-country basis, until the fifteenth anniversary of the first commercial sale of
the Licensed Products. Upon expiration of such royalty obligation, such Operating Company’s
license under Section 2.2 shall continue on a fully-paid and royalty-free basis.



      Section 3.4 Reports and Payments.




     (a) Within ten (10) days upon (i) the occurrence of a milestone event described in
Section 3.1(a) or (ii) upon payment of any Sublicense Income to an Operating Company, such
Operating Company shall inform SAG accordingly. SAG shall thereupon issue an invoice to
such Operating Company for the applicable milestone payment due in accordance with Section
3.1 payable within thirty (30) days from the date of the invoice.




     (b) Within sixty (60) days after the end of each calendar quarter, each Operating
Company shall provide SAG with a written report indicating (i) the amount of Net Sales of
Licensed Products by such Operating Company and by any sublicensee during such quarter, and
(ii) the amount of the royalties due for such quarter. SAG shall thereupon issue an invoice
to such Operating Company for such royalties payable within thirty (30) days from the date
of the invoice. With respect to Net Sales of an Operating Company made by such Operating
Company’s sublicensees, in the event an Operating Company has entered into a sublicensing
agreement with a sublicensee and such sublicensee has not submitted payments and/or reports
on Net Sales to such Operating Company in a timely manner in accordance with the terms
thereof, such Operating Company shall not be deemed in breach of its obligations under this
Section 3.4(a) so long as such Operating Company is diligently pursuing its remedies against
such sublicensee, and provided that such Operating Company provides the applicable report
and payment due under this Section 3.4(a) promptly upon receipt of the corresponding report
and payment from its sublicensee.




     (c) All payments may be made in the local currency of the party making the payment,
except that milestone payments made pursuant to Section 3.1 shall be made in U.S. Dollars.
With respect to Net Sales of SPL, such Net Sales shall be converted into Yen using the
applicable average exchange rate for converting the applicable currency to the Yen as
published by Bloomberg on the last business day of each month during the reporting calendar
quarter. With respect to Net Sales of SPE, such Net Sales shall be converted into Euros
using the applicable average exchange rate for converting the applicable currency to the
Euro as published by Bloomberg on the last business day of each month during the reporting
calendar quarter. With respect to Net Sales of SPI, such Net Sales shall be converted into
U.S. Dollars using the applicable average exchange rate for converting the applicable
currency to the U.S. Dollar as published by Bloomberg on the last business day of each month
during the reporting calendar quarter.



10









 







       Section 3.5 Records. Each Operating Company agrees to keep and cause its sublicensees to keep
accurate written records sufficient in detail to enable SAG to verify the information contained in
the reports described in Section 3.4. Each Operating Company and such sublicensees shall retain
such records for a particular quarter for a period of not less than ten years after the end of such
quarter.



       Section 3.6 Audit of Records. Upon reasonable notice and during regular business hours, each
Operating Company shall from time to time (but no more frequently than once annually) make
available the records referred to in Section 3.5 for audit by an independent nationally recognized
accounting firm selected by SAG and reasonably acceptable to the Operating Company to verify the
accuracy of the reports provided to SAG. Such representatives shall execute a suitable
confidentiality agreement reasonably acceptable to the parties prior to conducting such audit.
Such representatives may disclose to the auditing party only their conclusions regarding the
accuracy and completeness of the reports described in Section 3.4 and the records related thereto,
and shall not disclose confidential business information of the audited party to SAG without the
prior written consent of the audited party. Such audits shall be at the SAG’s cost and expense;
provided that if any such audit reveals underpayment of royalties by five percent (5%) or more for
any quarter, then the audited party shall reimburse SAG for the fees and expenses of the
independent auditors incurred by SAG in connection with such audit. If SAG conducts an audit of
any Operating Company pursuant to this Section 3.6, then any audit during that year of any other
Operating Company(ies) must be conducted simultaneously.



      Section 3.7 Withholding Taxes.





     (a) Each Operating Company will make all payments to SAG under this Agreement without
deduction or withholding for taxes except to the extent that any such deduction or
withholding is required by law in effect at the time of payment. Any tax required to be
withheld on amounts payable under this Agreement will promptly be paid by the applicable
Operating Company on behalf of SAG to the appropriate governmental authority, and such
Operating Company will furnish SAG with proof of payment of such tax. Any such tax required
to be withheld will be borne by SAG.




     (b) Each Operating Company and SAG will cooperate with respect to all documentation
required by any taxing authority or reasonably requested by an Operating Company to secure a
reduction in the rate of applicable withholding taxes and/or to receive a credit for any
withheld taxes paid.




     (c) If an Operating Company had a duty to withhold taxes in connection with any payment
it made to SAG under this Agreement but such Operating Company failed to withhold, and such
taxes were assessed against and paid by such Operating Company, then SAG will indemnify and
hold harmless such Operating Company from and against such taxes (excluding interest,
penalties, and any other additions to tax, which shall be borne by such Operating Company).



11









 





ARTICLE 4 — DEVELOPMENT




      Section 4.1 Commercially Reasonable Efforts. Each Operating Company shall use Commercially
Reasonable Efforts to develop the Selection Pool Compounds during the Specified Period, which
Commercially Reasonable Efforts shall include incurrence of at least $333,333 in Development Costs
annually on development projects involving at least one Selection Pool Compound (or, so long as
Operating Companies are Affiliates of one another, incurrence in the aggregate by such Operating
Companies of at least $1,000,000 in Development Costs annually on development projects involving at
least one Selection Pool Compound). An Operating Company will be deemed to have met its
obligations under this Section 4.1 with respect to any given Selection Pool Compound if such
Operating Company collects the following minimum preclinical data (“Minimum Data”) with respect to
such Selection Pool Compound: (i) pharmacological animal in vivo results to support the indication
for which the Selection Pool Compound is being developed and (ii) genotoxicity data including an
AMES test, a chromosome aberration test and a micronucleus test. Further, for so long as Operating
Companies are Affiliates of one another, then such Operating Companies will be deemed to have met
their obligations under this Section 4.1 with respect to a Selection Pool Compound if one Operating
Company collects Minimum Data with respect to such Selection Pool Compound. For the avoidance of
doubt, it is understood and agreed that the Operating Companies fulfilled their diligence
obligations with respect to Original Patents and Original Know-How prior to the Effective Time and
no further development activity with respect to the Original Compounds shall be necessary for the
Operating Companies to retain their licenses under the Original Patents and Original Know-How for
Licensed Products comprising Original Compounds.



      Section 4.2 Reporting.




     (a) Within three (3) months after the end of the Specified Period, each Operating
Company shall provide SAG with a reasonably detailed written summary of its development
activities with respect to the Selection Pool Compounds, including Development Costs
incurred with respect thereto, during the Specified Period. Such written report shall
identify (i) those Selection Pool Compounds with respect to which the Operating Company has
collected Minimum Data (the “Development Compounds”) and (ii) those Selection Pool Compounds
with respect to which the Operating Company intends in good faith to collect Minimum Data
during the immediately following twelve (12) month period (“Election Compounds”). The
Operating Company shall deliver to SAG, with respect to each Development Compound, such
Minimum Data as SAG may reasonably request.




     (b) Within thirty (30) days following the end of the twelve (12) month period for which
an Operating Company has indicated its intention to develop an Election Compound, such
Operating Company shall provide SAG with a reasonably detailed written summary of its
development activities with respect to the Election Compounds during such twelve (12) month
period. Such written report shall identify those Election Compounds with respect to which
the Operating Company has collected Minimum Data. The Operating Company shall deliver to
SAG, with respect to each Election Compound, such Minimum Data as SAG may reasonably
request.



12









 






     (c) For so long as Operating Companies are Affiliates of one another, such Operating
Companies may satisfy their reporting obligations under this Section 4.2 by providing a
consolidated report.



      Section 4.3 Remedy. The Operating Companies’ sole and exclusive liability and SAG’s sole and
exclusive remedy for any breach of Section 4.1 shall be as follows:




     (a) After delivery of the report and the Minimum Data described in Section 4.2(a), SAG
may terminate the Operating Companies’ license rights under Section 2.1 and Section 2.2 only
with respect to those Selection Pool Compounds that are neither Development Compounds nor
Election Compounds upon notice to SPI. Upon such written notice by SAG, the Operating
Companies shall disclose to SAG preclinical data obtained by the Operating Companies during
the Specified Period to the extent relating to Selection Pool Compounds as to which the
licenses have been terminated in accordance with the preceding sentence. Further, the
Operating Companies hereby grant to SAG a royalty-free and exclusive license, with right of
sublicense, to use such preclinical data for all purposes, subject to the Operating
Companies’ retained rights to use such preclinical data in connection with Original
Compounds and Selection Pool Compounds as to which the Operating Companies have retained
their license rights hereunder to develop, import, use, make, have made, export, offer for
sale and sell Licensed Products.




     (b) After delivery of the report described in Section 4.2(b), SAG may terminate the
Operating Companies’ license rights under Section 2.1 and Section 2.2 upon written notice to
SPI with respect to any Election Compounds for which such Operating Companies failed to
deliver Minimum Data. Upon such written notice by SAG, the Operating Companies shall
disclose to SAG preclinical data obtained by the Operating Companies during the twelve (12)
month period described in Section 4.2(b) to the extent relating to Election Compounds as to
which the licenses have been terminated in accordance with the preceding sentence. Further,
the Operating Companies hereby grant to SAG a royalty-free and exclusive license, with right
of sublicense, to use such preclinical data for all purposes, subject to the Operating
Companies’ retained rights to use such preclinical data in connection with Original
Compounds and Selection Pool Compounds as to which the Operating Companies have retained
their license rights hereunder to develop, import, use, make, have made, export, offer for
sale and sell Licensed Products.



      Section 4.4 Noncompete. During the Specified Period, neither SAG nor any of its Affiliates
(including Development Affiliates but excluding Operating Companies) shall, directly or indirectly,
develop, manufacture, market, sell, detail or promote any Competing Product in the Territory of any
Operating Company. Further, for a period of two (2) years after the end of the Specified Period,
neither SAG nor any of its Affiliates (including Development Affiliates but excluding Operating
Companies) shall, directly or indirectly, manufacture (other than the manufacture of clinical
product in furtherance of development activities), market, sell, detail or promote any Competing
Product (including, for the avoidance of doubt, any Selection Pool Compound reacquired by SAG
pursuant to Section 4.3 that meets the definition of Competing Product) in the Territory of any
Operating Company.



13









 





ARTICLE 5 — CONFIDENTIALITY




      Section 5.1 Confidentiality. Each party agrees not to disclose or use any of the other
party’s Confidential Information except as expressly permitted in connection with the exercise of
its rights hereunder. Each party shall not disclose the other party’s Confidential Information to
any employee or consultant unless such employee or consultant is obligated under a confidentiality
agreement to maintain such other party’s Confidential Information in strict confidence, and not to
use such information other than, in accordance with the terms of this Agreement. Each party agrees
to hold the other party’s Confidential Information in strict confidence and treat it with not less
than the same degree of care to avoid disclosure as such party employs with respect to its own
information of like importance.



      Section 5.2 Exclusions. The parties’ obligations under this ARTICLE 5 shall exclude any
information which:




     (a) is or becomes publicly available through no fault of the receiving party; or




     (b) can be reasonably demonstrated to have been known to the receiving party
independently of any disclosure of “Confidential Information” by the disclosing party or its
employees, agents or consultants; or




     (c) is disclosed to the receiving party by a third party who, to the best of the
receiving party’s knowledge, is lawfully in possession of the same and has the right to make
such disclosure; or




     (d) has been independently developed by the receiving party without reference to the
information disclosed to the receiving party by the disclosing party or its employees,
agents or consultants.



      Section 5.3 Permitted Disclosures. Notwithstanding anything else to the contrary, the parties
may disclose Confidential Information as may be required by applicable law or court order. In
addition, upon consent of the party providing the information, which consent shall not be
unreasonably withheld, each Operating Company shall have the right to disclose Confidential
Information to its sublicensees, professional advisors, and bona fide potential investors and
business partners, who are bound by obligations of confidentiality.



      Section 5.4 Delivery and Return of Confidential Information. Upon termination of this
Agreement or the licenses granted hereunder as provided herein, each party shall within 30 days of
such termination return to the other party all of the other party’s Confidential Information.
Notwithstanding the foregoing, each party shall have the right to retain one copy of such other
party’s Confidential Information in its corporate files for archival purposes only.



ARTICLE 6 — INTELLECTUAL PROPERTY




      Section 6.1 Ownership of Intellectual Property. Subject to the rights granted in Section 2.1
and Section 2.2, and to the assignment obligation in Section 2.4, each party shall own all right,
title and interest in and to any inventions, whether or not patentable, that may be conceived or
developed by it, its employees or its agents during the term of this Agreement.



14









 





      Section 6.2 Patent Prosecution and Maintenance.




     (a) SAG hereby grants to SPI an irrevocable power of attorney during the term of this
Agreement to undertake the preparation, filing, prosecution, amendment, maintenance and
reissue of the Licensed Patents in each Operating Company’s Territory in accordance with
this Section 6.2, including without limitation a power of attorney to execute patent
application forms on behalf of and in the name of SAG. SPI shall have the sole and
exclusive right and option to apply for, prosecute, or cause the issuance, amendment,
maintenance, abandonment, re-examination or reissue of any patents included within the
Licensed Patents, any patent applications listed in Exhibit A hereto, or any other patent
applications related to trade secrets or know-how included within the Licensed Patents, in
each Operating Company’s Territory, all in SAG’s name. Further, SPI shall have the sole and
exclusive right and option in each Operating Company’s Territory to (i) obtain patent term
extensions (including without limitation, any pediatric exclusivity extensions as may be
available) or supplemental protection certificates or their equivalents in any country with
respect to the Licensed Patents, (ii) with respect to data exclusivity periods (such as
those periods listed in the FDA’s Orange Book (including without limitation any available
pediatric extensions) or periods under national implementations of Article 10.1(a)(iii) of
EU Directive 2001/EC/83, and all international equivalents), seek, maintain and enforce all
such data exclusivity periods available for Licensed Products and (iii) with respect to
filings in the FDA Orange Book (and foreign equivalents) for issued Licensed Patents for a
Licensed Product, list and maintain all applicable Licensed Patents required to be filed by
it, or that it is permitted to file, under applicable law in connection with such Licensed
Product.




     (b) SAG hereby grants to SPI and, upon SPI’s request, to each of the Operating
Companies an irrevocable power of attorney during the term of this Agreement to have the
exclusive rights licensed under this Agreement registered (either by filing this Agreement
in whole or in part or by filing a written declaration confirming the existence and
effectiveness of the rights licensed under this Agreement) with any national patent register
within the Territory. In particular, upon the execution of this Agreement, SAG will sign
and deliver to SPI the “Declaration of Licensed Rights” as attached in Exhibit B hereto.




     (c) SAG shall cooperate reasonably and in good faith with SPI to enable SPI to exercise
its rights under this Section 7.2, including, without limitation, providing SPI or, upon
SPI’s request, any of the Operating Companies with written authorizations as may be required
for SPI to exercise its rights under this Section 7.2. SAG shall furnish to SPI copies of
all communications from patent offices regarding patents or patent applications concerning
the Licensed Patents to permit SPI to respond to such communications in SAG’s name. SPI
shall supply each other Operating Company with a copy of each application filed in its
Territory, together with notice of its filing date and serial number. SPI shall bear all
costs and expenses incurred in connection with the preparation, filing, prosecution,
amendment, maintenance and reissue of Licensed Patents pursuant to this Section 6.2.



15









 





      Section 6.3 Infringement by Third Parties.




     (a) Each party shall promptly notify the other parties in writing if such party knows
or has reason to believe that the rights of any of the parties relating to the Licensed
Patents are being infringed by a third party.




     (b) In the event a third party is developing, marketing, selling or promoting a
Competing Product, then SPI shall have the first right, but not the obligation, to prosecute
at its expense any alleged infringement, misappropriation or misuse of the Licensed Patents
by such third party. In all other cases, SAG shall have the first right, but not the
obligation, to prosecute at its expense any alleged infringement, misappropriation or misuse
of the Licensed Patents. If SPI decides at any time not to commence or continue to
prosecute any alleged infringement, misappropriation or misuse of the Licensed Patents, it
shall so notify SAG in writing within thirty (30) days or any shorter time limit necessary
to preserve SAG’s rights, and SAG shall have the right, in its absolute discretion and sole
expense, to commence or continue such prosecution of such action. In any such legal action,
the other party shall cooperate with and at the request of the party prosecuting the suit.
The proceeds of any such legal action shall be allocated first, to cover the expenses of
prosecution and investigation incurred by the party bringing the legal action; and second,
to cover the expenses incurred by the other party participating in such legal action. Any
remaining amounts shall be allocated seventy-five percent (75%) to the party initiating the
action and twenty-five percent (25%) to SAG (if SPI is the initiating party, otherwise to
SPI).



      Section 6.4 Third Party Claims.




     (a) If any party shall become aware of any action or suit, or threat of action or suit,
by a third party alleging that the manufacture, use or sale of any Licensed Product or the
practice of know-how infringes a patent, or violates any other proprietary rights of any
third party, the party aware shall promptly notify the other parties of the same and fully
disclose the basis therefor.




     (b) A party defending such third party action shall not have the right to settle such
claim in a manner that would impair the other parties’ rights under this Agreement or
require the other parties to make any monetary payments or be subject of an injunction,
without the prior written consent of the non-defending party or parties, such consent
however not being unreasonably withheld. If, however, by the terms of any settlement or if
by a judgment, decree or decision of a court, tribunal or other authority of competent
jurisdiction, an Operating Company or their licensee is required to obtain a license from a
third party in order to make, have made, use, sell or import a Licensed Product in an
Operating Company’s Territory (hereinafter “Third Party License”) fifty percent (50%) of
payments under such Third Party License, including any upfront payments, shall be deducted
from any royalties payable under Section 3.2 by such Operating Company on future sales.




     (c) Reasonable attorneys’ fees and legal costs shall be borne by the party defending
the action.



16









 





     Section 6.5 Non-Suit Covenant. In the event (i) SAG obtains rights to a Selection Pool
Compound pursuant to Section 4.3 and (ii) SAG determines that it (through an Affiliate or permitted
sublicensee) cannot reasonably develop, manufacture, market, sell, detail or promote such Selection
Pool Compound without infringing a claim of a Licensed Patent which is exclusively licensed under
Section 2.1, then SAG shall so notify the applicable Operating Compan(ies). Upon request by SAG,
the applicable Operating Compan(ies) shall meet with SAG and discuss in good faith reasonable terms
for an appropriate covenant not to sue with respect to such Selection Pool Compound. The
applicable Operating Compan(ies) shall enter into a covenant not to sue SAG (or its Affiliates or
permitted sublicensees) under their rights to Licensed Patents to the extent reasonably necessary
to permit SAG (through its Affiliate or permitted sublicensee) to develop, manufacture, market,
sell, detail or promote such Selection Pool Compound; provided, however, that the applicable
Operating Compan(ies) shall not be obligated to grant any covenant not to sue with respect to any
patent or patent application which derives from inventions that are acquired, made, created,
developed, conceived or reduced to practice by the applicable Operating Compan(ies) after the
Specified Period.



ARTICLE 7 — REGULATORY MATTERS




     Section 7.1 Regulatory Filings. Each Operating Company (or its designee) shall have the sole
right to file for and to hold title to all regulatory approvals for the Licensed Products in its
Territory at its expense. Each Operating Company shall notify SAG in writing within thirty (30)
days of receipt of any regulatory approval for the sale of the Licensed Products in its Territory.
SAG shall provide the Operating Companies reasonable assistance, at the request and expense of the
applicable Operating Company, in obtaining such regulatory approvals for the Licensed Products in
its Territory.



     Section 7.2 Audits by Tax Authorities. Each party agrees to provide reasonable assistance to
another party under audit by a tax authority. As part of this assistance, each assisting party
shall make available to the party under audit, any agreement the assisting party may have with a
tax authority concerning the arm-length nature of charges made under this Agreement.



ARTICLE 8 — REPRESENTATIONS & WARRANTIES




     Section 8.1 Organization. Each party represents and warrants to the other parties that such
party is a corporation duly organized, validly existing, and, where applicable, in good standing
under the laws of the jurisdiction of its incorporation.



     Section 8.2 Authorization of Transaction. Each party represents and warrants to the other
parties that it has full power and authority (including full corporate power and authority) to
execute and deliver this Agreement and to perform its obligations hereunder. All necessary
corporate proceedings (including any necessary approval by the board of directors) have been taken
by such party to duly authorize the execution, delivery, and performance of this Agreement by such
party. This Agreement constitutes the valid and legally binding obligation of such party,
enforceable against such party in accordance with the terms and conditions hereof.



17









 





      Section 8.3 No Conflicts. SAG represents and warrants to the Operating Companies that it has
not entered into any inconsistent prior obligations concerning the Licensed Patents or Licensed
Know-How that would prevent the Operating Companies from exercising the rights being licensed to
them hereunder.



      Section 8.4 Right to License. SAG represents and warrants to the Operating Companies that, as
of the Effective Time, it owns or has the right to license or sublicense all the rights granted to
the Operating Companies herein with respect to the Licensed Patents and Licensed Know-How. SAG
further represents and warrants to the Operating Companies that SAG owns, as of the Effective Time,
all of the technology related to prostones (including without limitation patents, patent
applications, technical information, data, trade secrets and know-how) acquired, made, created,
developed, conceived or reduced to practice by SAG or any of its Affiliates on or before the
Effective Time.



      Section 8.5 No Claims. SAG represents and warrants to the Operating Companies that, as of the
execution date of this Agreement, it has not received written notification from a third party that
the manufacture, use, importation or sale of the Licensed Products under the license granted herein
under the Licensed Patents and Licensed Know-How will infringe any patents, copyrights, trade
secrets or any other intellectual property rights of any third parties.



ARTICLE 9 — TERM AND TERMINATION




      Section 9.1 Term. This Agreement shall be effective as of July 30, 2002, may be terminated as
set forth in this ARTICLE 9, and shall otherwise remain in effect until the later of (i) the
expiration of all Licensed Patents and (ii) the expiration of all royalty obligations for all
Licensed Products in all countries.



      Section 9.2 Termination.




     (a) Subject to Section 4.3, if an Operating Company materially breaches any of the
material terms, conditions or agreements of this Agreement, SAG may terminate this Agreement
with respect to such Operating Company only, by giving the breaching party sixty (60) days
notice in writing, particularly specifying the breach. Such notice of termination shall not
be effective unless the breach is established through arbitration, as set out in Section
10.2, and the breaching party fails to cure the specified breach within sixty (60) days of
such breach being established. In the event of any dispute, and during such 60-day period,
one or more executive officers of each such party (meaning for purposes hereunder any vice
president or higher level officer) shall meet or correspond to discuss such alleged breach
and/or attempted cure thereof, and attempt in good faith to resolve any dispute between the
parties with respect thereto. Any termination for material breach, to the extent that it
relates to a Licensed Product or Products, shall be on a Licensed Product-by-Licensed
Product basis and the license as to all other Licensed Products shall survive. If this
Agreement is terminated with respect to one or two of the Operating Companies, it shall
remain in full force and effect with the remaining Operating Company or Companies.



18









 






     (b) If SAG breaches any of the material terms, conditions or agreements of this
Agreement with respect to one or more of the Operating Companies, such Operating Company or
Companies may terminate this Agreement by giving SAG sixty (60) days notice in writing,
particularly specifying the breach. Such notice of termination shall not be effective if
SAG cures the specified breach within such 60-day period. During such 60-day period, one or
more executive officers of each such party (meaning for purposes hereunder any vice
president or higher level officer) shall meet or correspond to discuss such alleged breach
and/or attempted cure thereof, and attempt in good faith to resolve any dispute between the
parties with respect thereto. If this Agreement is terminated with respect to one or two of
the Operating Companies, it shall remain in full force and effect with the remaining
Operating Company or Companies.




     (c) A party may, by written notice to another party (which notice shall be effective
upon receipt), terminate this Agreement in the event that such other party makes an
assignment for the benefit of creditors, goes into liquidation or receivership or otherwise
loses legal control of its business. If this Agreement is terminated with respect to one or
two of the Operating Companies, it shall remain in full force and effect with the remaining
Operating Company or Companies.



      Section 9.3 Effect of Termination. Upon the termination of any rights granted hereunder, each
Operating Company shall have the right to dispose of all Licensed Products then on hand to which
such termination applies, and the royalties shall be paid to SAG or an Operating Company, if
applicable, with respect to such Licensed Product as though such rights had not terminated.
Termination of this Agreement shall not affect any of the parties’ respective rights and
obligations accruing prior to such termination. Section 4.4 (Noncompete), ARTICLE 5
(Confidentiality), ARTICLE 10 (Dispute Resolution) and ARTICLE 11 (Miscellaneous) shall survive
termination of this Agreement for any reason and continue thereafter in full force and effect.



      Section 9.4 Rights under Bankruptcy.




     (a) In the event of Bankruptcy by SAG, to the extent possible under the applicable law,
the intellectual property licenses granted by SAG hereunder and the reciprocal obligations
of the Operating Companies to make royalty and milestone payments shall remain in full force
and effect and shall be binding on the administrator and SAG’s estate and shall vest in any
assignee or successor in interest of SAG and its business or of SAG’s rights and obligations
under this Agreement.




     (b) In the event that any Licensed Patent will be realized in the Bankruptcy by SAG,
irrespective of whether by a public auction or by private sale, each Operating Company shall
have a preemption right to acquire such Licensed Patent for its respective Territory and on
such terms and conditions, including the purchase price, as may be offered by a third party
through such public auction or private sale.



19









 





ARTICLE 10 — DISPUTE RESOLUTION AND CHOICE OF LAW




      Section 10.1 Negotiation. The parties agree to consult and negotiate in good faith to try to
resolve any dispute, controversy or claim that arises out of or relates to this Agreement. No
formal dispute resolution shall be used by either party unless and until the chief executive
officers of each party shall have attempted to meet in person to achieve such an amicable
resolution.



      Section 10.2 Arbitration. Any dispute, controversy or claim that arises out of or relates to
this Agreement that is not resolved under Section 10.1 shall be settled by final and binding
arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce
(“ICC”) in effect on the Effective Time, as modified by Section 10.3 below. Judgment upon the
award rendered by the arbitrators may be entered in any court of competent jurisdiction. The place
of arbitration shall be London, England. The arbitration shall be conducted in the English
language by three (3) neutral arbitrators selected by mutual agreement of the parties or, if that
is not possible within thirty (30) days of the initial demand for such arbitration, by the ICC. At
least one (1) arbitrator shall have knowledge of and experience in the ethical pharmaceutical
industry, and at least one (1) arbitrator shall have knowledge of and experience in international
law and technology licensing.



      Section 10.3 Special Rules. Notwithstanding any provision to the contrary in the ICC’s Rules
of Arbitration, the parties hereby stipulate that any arbitration hereunder shall be subject to the
following special rules:




     (a) The arbitrators may not award or assess punitive damages against either party; and




     (b) Each party shall bear its own costs and expenses of the arbitration and shall share
equally the fees and costs of the arbitrators, subject to the power of the arbitrators, in
their sole discretion, to award all such reasonable costs, expenses and fees to the
prevailing party.



      Section 10.4 Governing Law. This Agreement shall be construed in accordance with the laws of
the State of New York (without reference to its choice of law or conflicts of law rules).



ARTICLE 11 — RIGHT OF FIRST REFUSAL




      Section 11.1 Right of First Refusal. SAG shall not, during the term of this Agreement, sell
all or any part of its business, whether through an asset sale, stock sale, merger, consolidation,
or any other form of similar business transaction, unless it complies with the provisions of this
Section 11.1.




     (a) If, during the term of this Agreement, SAG wishes to sell all or any part of its
business, whether through an asset sale, stock sale, merger, consolidation, or any other
form of similar business transaction, SAG shall first provide written notice to SPI (an
“Offer Notice”) setting forth (i) the name and address of the party to which SAG proposes to
make such sale (the “Offeror”), (ii) the portion of its business SAG proposes



20









 







to sell, if less than the entire business, (iii) the consideration to be delivered to
SAG for the proposed sale and (iv) all other material terms and conditions of the proposed
transaction. SPI shall then have sixty (60) days following its receipt of the Offer Notice
within which to give notice to SAG (the “Acceptance Notice”) that it wishes to acquire the
business, or applicable portion thereof, on terms corresponding to those set forth in the
Offer Notice, in which case the closing of such acquisition shall be closed at a time
mutually agreeable to SAG and SPI, but not more than thirty (30) days after delivery by SPI
of the Acceptance Notice. To the extent that the consideration proposed to be paid by the
Offeror for consists of property other than cash or a promissory note, the consideration
required to be paid by SPI may consist of cash equal to the value of such property, as
determined in good faith by agreement of the SPI and SAG.




     (b) If SPI does not deliver an Acceptance Notice within the 60-day period described
above, then SAG shall have the right within the ninety (90) days following the expiration of
the 60-day period described in Section 11.1(a) to sell its business, or the applicable
portion thereof, at a price and on terms and conditions no less favorable to SAG than those
contained in the Offer Notice. If SAG wishes to sell the applicable portion of its business
at a price or on terms that are less favorable to it than those set forth in the Offer
Notice, or if it wishes to sell all or any portion of its business more than ninety (90)
days after the expiration of the 60-day period described in Section 11.1(a) above, then, as
a condition precedent to such transaction, SAG must again comply with the terms of this
Section 11.1.



ARTICLE 12 — MISCELLANEOUS




      Section 12.1 Assignment. Upon written approval of the other parties, which approval shall not
unreasonably be withheld and shall be timely given, a party may assign or otherwise transfer its
rights and obligations under this Agreement to any successor in interest (by merger, share
exchange, combination or consolidation of any type, operation of law, purchase or otherwise),
provided that such assignee or successor agrees to be bound by the terms hereof.



      Section 12.2 Entire Agreement. This Agreement, together with the Exhibits and Schedules
hereto, constitutes the entire agreement of the parties with respect to the subject matter hereof
and supersedes all previous proposals or agreements, oral or written, and all negotiations,
conversations or discussions heretofore had between the parties related to the subject matter of
this Agreement. Without limiting the foregoing, this Agreement shall supercede in their entirety
the Original Agreements.



      Section 12.3 Waiver, Discharge, etc. This Agreement may not be released, discharged,
abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf
of each of the parties to this Agreement by their duly authorized representatives. The failure of
either party to enforce at any time any of the provisions of this Agreement shall in no way be
construed to be a waiver of any such provision, nor in any way to affect the validity of this
Agreement or any part of it or the right of either party after any such failure to enforce each and
every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of
any other or subsequent breach.



21









 





      Section 12.4 Execution in Counterparts. This Agreement may be executed in one or more
counterparts, all of which shall be considered one and the same agreement, and shall become a
binding agreement when one or more counterparts have been signed by each party and delivered to the
other party.



      Section 12.5 Titles and Headings; Construction. The titles and headings to Sections herein
are inserted for the convenience of reference only and are not intended to be a part of or to
affect the meaning or interpretation of this Agreement. This Agreement shall be construed without
regard to any presumption or other rule requiring construction hereof against the party causing
this Agreement to be drafted.



      Section 12.6 Benefit. Nothing in this Agreement, expressed or implied, is intended to confer
on any person other than the parties to this Agreement or their respective permitted successors or
assigns; any rights, remedies, obligations or liabilities under or by reason of this Agreement.



      Section 12.7 Force Majeure. If the performance of this Agreement or any obligation hereunder
(other than the payment of monies due owing hereunder) is prevented, restricted or interfered with
by reason of any event or condition beyond the reasonable control of such party (including without
limitation acts of State or governmental action, riots, disturbance, war, strikes, lockouts,
slowdowns, prolonged shortage of energy or other supplies, epidemics, fire, flood, hurricane,
typhoon, earthquake, lightning and explosion, or any refusal or failure of any governmental
authority to grant any export license legally required), the party so affected shall be excused
from such performance, only for so long as and to the extent that such a force prevents, restricts
or interferes with the party’s performance and provided that the party affected gives notice
thereof to the other parties and uses diligent efforts to remedy such event or conditions.



      Section 12.8 Notices. All notices or other communications to a party required or permitted
hereunder shall be in writing and shall be delivered personally or by telecopy (receipt confirmed)
to such party (or, in the case of an entity, to an executive officer of such party) or shall be
given by registered mail, addressed as follows:



	 	 	 	 	 
	 

	 	If to SAG, to:
	 	Sucampo AG
	 

	 	 	 	Graben 5
	 

	 	 	 	CH-6300 Zug, Switzerland
	 

	 	 	 	Attention: Eric Buis
	 

	 	 	 	Facsimile number: +41-41-729-8893
	 
	 	 	 	 
	 

	 	if to SPI, to:
	 	Sucampo Pharmaceuticals, Inc.
	 

	 	 	 	4733 Bethesda Avenue, Suite 450
	 

	 	 	 	Bethesda, Maryland 20814, U.S.A.
	 

	 	 	 	Attention: Sachiko Kuno
	 

	 	 	 	Facsimile number: +1-301-961-3440






22









 






	 	 	 	 	 
	 

	 	with copy to:
	 	Wilmer Cutler Pickering Hale and Dorr LLP
	 

	 	 	 	1875 Pennsylvania Avenue, NW
	 

	 	 	 	Washington, DC 20006
	 

	 	 	 	Attention: Brent Siler
	 

	 	 	 	Facsimile number: +1-202-663-6363
	 
	 	 	 	 
	 

	 	if to SPL, to:
	 	2-2-16 Sonezakishinchi,
	 

	 	 	 	Kita-Ku, Osaka
	 

	 	 	 	Japan 530-0002
	 

	 	 	 	Attention: Misako Nakata
	 

	 	 	 	Facsimile number: +81-6-6343-9181
	 
	 	 	 	 
	 

	 	with copy to:
	 	Wilmer Cutler Pickering Hale and Dorr LLP
	 

	 	 	 	1875 Pennsylvania Avenue, NW
	 

	 	 	 	Washington, DC 20006
	 

	 	 	 	Attention: Brent Siler
	 

	 	 	 	Facsimile number: +1-202-663-6363
	 
	 	 	 	 
	 

	 	If to SPE, to:
	 	Sucampo Pharma Europe, Ltd.
	 

	 	 	 	78 Cannon Street
	 

	 	 	 	London EC4N 6NQ U.K.
	 

	 	 	 	Attention: Kei Tolliver
	 

	 	 	 	Facsimile number: +44-207-618-8661
	 
	 	 	 	 
	 

	 	with copy to:
	 	Wilmer Cutler Pickering Hale and Dorr LLP
	 

	 	 	 	1875 Pennsylvania Avenue, NW
	 

	 	 	 	Washington, DC 20006
	 

	 	 	 	Attention: Brent Siler
	 

	 	 	 	Facsimile number: +1-202-663-6363






      A party may change its above-specified recipient and/or mailing address by notice to the other
parties given in the manner herein prescribed. All notices shall be deemed given on the day when
actually delivered as provided above (if delivered personally or by telecopy) or on the day shown
on the return receipt (if delivered by mail).



      Section 12.9 Severability. If a court or tribunal of competent jurisdiction holds any
provision of this Agreement invalid, the remaining provisions shall nonetheless be enforceable
according to their terms. Further, if any provision is held to be overbroad as written, such
provision shall be deemed amended to narrow its application to the extent necessary to make the
provision enforceable according to applicable law and shall be enforced as amended.



      Section 12.10 Limitation of Liability. IN NO EVENT SHALL A PARTY BE LIABLE TO THE OTHER
PARTIES OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT, AND WHETHER OR NOT SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.



23









 




THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY PROVIDED HEREIN.




     Section 12.11 Unaffiliated Operating Company. In the event one Operating Company ceases to be an
Affiliate of the other Operating Companies, this Agreement shall be amended to remove such
Operating Company as a party and novated with respect to such Operating Company. Simultaneously
with such amendment and novation, (i) SAG and such Operating Company will enter into an agreement
covering the subject matter hereof so as to preserve the arrangement which previously existed
between SAG and such Operating Company under this Agreement and (ii) SPI shall grant such Operating
Company (if such Operating Company is SPE or SPL) an irrevocable power of attorney to undertake the
preparation, filing, prosecution, amendment, maintenance and reissue of the Licensed Patents in
such Operating Company’s Territory.




24









 







     IN WITNESS WHEREOF, each of the parties has caused this Amended and Restated Patent
Access and Data Sharing Agreement to be executed in the manner appropriate to each, effective as of
the date first above written.



	 	 	 	 	 	 	 	 	 	 	 
	SUCAMPO AG	 	 	 	SUCAMPO PHARMACEUTICALS, INC.	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Eric Buis
	 	 	 	By:
	 	/s/ Sachiko Kuno	 	 
	 

	 	 
	 	 	 	 	 	 	 	 
	 

	 	Dr. Eric Buis
	 	 	 	 	 	Dr. Sachiko Kuno	 	 
	 

	 	Director
	 	 	 	 	 	President, Chief Executive Officer	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	SUCAMPO AG	 	 	 	SUCAMPO PHARMA, LTD.	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Urs Burgherr
	 	 	 	By:
	 	/s/ Misako Nakata	 	 
	 

	 	 
	 	 	 	 	 	 	 	 
	 

	 	Dr. Urs. Burgherr
	 	 	 	 	 	Ms. Misako Nakata	 	 
	 

	 	Director
	 	 	 	 	 	Representative Director
	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	SUCAMPO PHARMA EUROPE, LTD.	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Kei Tolliver	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	 	 	 	 	 
	 

	 	Ms. Kei Tolliver	 	 	 	 	 	 	 	 
	 

	 	Director	 	 	 	 	 	 	 	 






25









 






Exhibit A




Licensed Patents




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-11

	 	PROSTAGLANDINS OF THE D SERIES,
AND TRANQUILIZERS AND SOPORIFICS
CONTAINING THE SAME
	 	U.S.A. CIP
	 	 	403774	 	 	1989/9/6
	 	 	5073569	 	 	1991/12/17	 	 
	A-11

	 	PROSTAGLANDINS OF THE D SERIES,
AND TRANQUILIZERS AND SOPORIFICS
CONTAINING THE SAME
	 	U.S.A. DIV
	 	 	715151	 	 	1991/6/13
	 	 	5137915	 	 	1992/8/11	 	 
	A-11

	 	PROSTAGLANDINS OF THE D SERIES,
AND TRANQUILIZERS AND SOPORIFICS
CONTAINING THE SAME
	 	U.S.A. CA3
	 	 	8/310109	 	 	1994/9/23
	 	 	5534547	 	 	1996/7/9	 	 
	A-11

	 	PROSTAGLANDINS OF THE D SERIES,
AND TRANQUILIZERS AND SOPORIFICS
CONTAINING THE SAME
	 	JAPAN
	 	 	63-18327	 	 	1988/1/28
	 	 	2071783	 	 	1996/7/25	 	 
	A-11

	 	PROSTAGLANDINS OF THE D SERIES,
AND TRANQUILIZERS AND SOPORIFICS
CONTAINING THE SAME
	 	Canada
	 	 	557480	 	 	1988/1/27
	 	 	1322749	 	 	1993/10/5	 	 
	A-11

	 	PROSTAGLANDINS OF THE D SERIES,
AND TRANQUILIZERS AND SOPORIFICS
CONTAINING THE SAME
	 	EPC
	 	 	88300710.6	 	 	1988/1/28
	 	 	281239	 	 	1992/3/25
	 	GB,FR,DE
	 
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	U.S.A. CA
	 	 	681031	 	 	1991/4/5
	 	 	5225439	 	 	1993/7/6	 	 
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	U.S.A. CA
	 	 	700895	 	 	1991/5/13
	 	 	5166174	 	 	1992/11/24	 	 
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	U.S.A. DIV
	 	 	925220	 	 	1992/8/6
	 	 	5284858	 	 	1994/2/8	 	 
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	U.S.A. DIV
	 	 	08/53487	 	 	1993/4/28
	 	 	5428062	 	 	1995/6/27	 	 
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	U.S.A. CA
	 	 	08/53561	 	 	1993/4/28
	 	 	5380709	 	 	1995/1/10	 	 






 









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	U.S.A. DIV2
	 	 	08/401675	 	 	1995/3/10
	 	 	5886034	 	 	1999/3/23	 	 
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	U.S.A. DIV3
	 	 	09/073253	 	 	1998/5/6
	 	 	6265440	 	 	2001/7/24	 	 
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	JAPAN
	 	 	63-18326	 	 	1988/1/28
	 	 	1961313	 	 	1995/8/10	 	 
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	Canada
	 	 	557407	 	 	1988/1/26
	 	 	1323364	 	 	1993/10/19	 	 
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	Korea
	 	 	0702/88	 	 	1988/1/28
	 	 	68912	 	 	1993/12/20	 	 
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	TAIWAN
	 	 	77100543	 	 	1988/1/28
	 	 	36059	 	 	1990/5/1	 	 
	A-12

	 	PROSTAGLANDINS E AND ANTI
ULCERS CONTAINING SAME
	 	EPC
	 	 	88300709.8	 	 	1988/1/28
	 	 	284180	 	 	1992/8/19
	 	GB,FR,DE,IT,NL,CH,BE,AT,
LU,SE,
ES,GR
	 
	A-15

	 	FERVESCENCE COMPOSITION
	 	U.S.A. CIP
	 	 	440449	 	 	1989/11/22
	 	 	5001154	 	 	1991/3/19	 	 
	A-15

	 	FERVESCENCE COMPOSITION
	 	JAPAN
	 	 	63-117192	 	 	1988/5/13
	 	 	1963660	 	 	1995/8/25	 	 
	A-15

	 	FERVESCENCE COMPOSITION
	 	Canada
	 	 	566799	 	 	1988/5/13
	 	 	1306699	 	 	1992/8/25	 	 
	A-15

	 	FERVESCENCE COMPOSITION
	 	New Zealand
	 	 	226198	 	 	1988/9/15
	 	 	226198	 	 	1991/9/18	 	 
	A-15

	 	FERVESCENCE COMPOSITION
	 	EPC
	 	 	88304206.1	 	 	1988/5/10
	 	 	292177	 	 	1992/3/25
	 	GB,FR,DE
	 
	A-17

	 	CATHARTICS
	 	U.S.A. CA2
	 	 	996495	 	 	1992/12/30
	 	 	5317032	 	 	1994/5/31	 	 
	A-17

	 	CATHARTICS
	 	JAPAN
	 	 	63-245737	 	 	1988/9/29
	 	 	1954133	 	 	1995/7/28	 	 
	A-17

	 	CATHARTICS
	 	Canada
	 	 	578500	 	 	1988/9/27
	 	 	1312014	 	 	1992/12/29	 	 






2









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-17

	 	CATHARTICS
	 	Korea
	 	 	12841/88	 	 	1988/9/30
	 	 	64454	 	 	1993/8/17	 	 
	A-17

	 	CATHARTICS
	 	TAIWAN
	 	 	77106582	 	 	1988/9/23
	 	 	36138	 	 	1990/5/2	 	 
	A-17

	 	CATHARTICS
	 	Australia
	 	 	22920/88	 	 	1988/9/29
	 	 	609883	 	 	1991/9/2	 	 
	A-17

	 	CATHARTICS
	 	New Zealand
	 	 	226362	 	 	1988/9/28
	 	 	226362	 	 	1991/11/22	 	 
	A-17

	 	CATHARTICS
	 	EPC
	 	 	88308842.9	 	 	1988/9/23
	 	 	310305	 	 	1992/7/22
	 	GB,FR,DE,IT,NL,CH,BE,AT,
LU,SE,
ES,GR
	 
	A-20

	 	STABILIZATION OF
13,14-DIHYDRO-15-KETO-PROSTAGLANDINS
	 	JAPAN
	 	 	63-45622	 	 	1988/2/26
	 	 	2597629	 	 	1997/1/9	 	 
	A-20

	 	STABILIZATION OF
13,14-DIHYDRO-15-KETO-PROSTAGLANDINS
	 	New Zealand
	 	 	228111	 	 	1989/2/23
	 	 	228111	 	 	1991/6/21	 	 
	A-20

	 	STABILIZATION OF
13,14-DIHYDRO-15-KETO-PROSTAGLANDINS
	 	EPC
	 	 	89301888.7	 	 	1989/2/24
	 	 	330511	 	 	1992/8/12
	 	GB,FR,DE
	 
	A-22

	 	TRACHEOBRONCHODILATOR
	 	U.S.A. CA2
	 	 	8/77495	 	 	1993/6/17
	 	 	5362751	 	 	1994/11/8	 	 
	A-22

	 	TRACHEOBRONCHODILATOR
	 	JAPAN
	 	 	63-115409	 	 	1988/5/11
	 	 	2597649	 	 	1997/1/9	 	 
	A-22

	 	TRACHEOBRONCHODILATOR
	 	Australia
	 	 	34578/89	 	 	1989/5/9
	 	 	625718	 	 	1992/11/10	 	 
	A-22

	 	TRACHEOBRONCHODILATOR
	 	EPC
	 	 	89304723.3	 	 	1989/5/10
	 	 	345951	 	 	1993/3/10
	 	GB,FR,DE
	 
	A-23

	 	USE OF 15-KETO-PROSTAGLANDIN E
OR F COMPOUNDS FOR UTERINE
CONTRACTION
	 	U.S.A. CA
	 	 	687790	 	 	1991/4/22
	 	 	5185374	 	 	1993/2/9	 	 
	A-23

	 	USE OF 15-KETO-PROSTAGLANDIN E
OR F COMPOUNDS FOR UTERINE
CONTRACTION
	 	JAPAN
	 	 	1-118026	 	 	1989/5/11
	 	 	2032807	 	 	1996/3/19	 	 
	A-23

	 	USE OF 15-KETO-PROSTAGLANDIN E
OR F COMPOUNDS FOR UTERINE
CONTRACTION
	 	JAPAN DIV
	 	 	6-283283	 	 	1994/11/17
	 	 	2529095	 	 	1996/6/14	 	 






3









 







	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-23

	 	USE OF 15-KETO-PROSTAGLANDIN E
OR F COMPOUNDS FOR UTERINE
CONTRACTION
	 	Canada
	 	 	599424	 	 	1989/5/11
	 	 	1330796	 	 	1994/7/19	 	 
	A-23

	 	USE OF 15-KETO-PROSTAGLANDIN E
OR F COMPOUNDS FOR UTERINE
CONTRACTION
	 	Australia
	 	 	34579/89	 	 	1989/5/9
	 	 	619543	 	 	1992/5/25	 	 
	A-23

	 	USE OF 15-KETO-PROSTAGLANDIN E
OR F COMPOUNDS FOR UTERINE
CONTRACTION
	 	EPC
	 	 	89304724.1	 	 	1989/5/10
	 	 	342003	 	 	1993/9/8
	 	GB,FR,DE
	 
	A-24

	 	HYPERSPHYXIA-CAUSING COMPOSITION
	 	U.S.A. CA
	 	 	672758	 	 	1991/3/22
	 	 	5169863	 	 	1992/12/8	 	 
	A-24

	 	HYPERSPHYXIA-CAUSING COMPOSITION
	 	JAPAN
	 	 	63-125303	 	 	1988/5/23
	 	 	2106314	 	 	1996/11/6	 	 
	A-24

	 	HYPERSPHYXIA-CAUSING COMPOSITION
	 	JAPAN
	 	 	63-182281	 	 	1988/7/20
	 	 	2760514	 	 	1998/3/20	 	 
	A-24

	 	HYPERSPHYXIA-CAUSING COMPOSITION
	 	JAPAN DIV
	 	 	7-30674	 	 	1995/2/20
	 	 	2633495	 	 	1997/4/25	 	 
	A-24

	 	HYPERSPHYXIA-CAUSING COMPOSITION
	 	EPC
	 	 	89305163.1	 	 	1989/5/22
	 	 	343904	 	 	1993/4/28
	 	GB,FR,DE,IT
	 
	A-26

	 	PRECURSOR OF PROSTAGLANDIN AND
PRODUCTION THEREOF
	 	U.S.A.
	 	 	386074	 	 	1989/7/28
	 	 	4918202	 	 	1990/4/17	 	 
	A-26

	 	PRECURSOR OF PROSTAGLANDIN AND
PRODUCTION THEREOF
	 	U.S.A. DIV
	 	 	467455	 	 	1990/1/19
	 	 	4994584	 	 	1991/2/19	 	 
	A-26

	 	PRECURSOR OF PROSTAGLANDIN AND
PRODUCTION THEREOF
	 	JAPAN
	 	 	63-191190	 	 	1988/7/29
	 	 	2015306	 	 	1996/2/2	 	 
	 
	A-28

	 	PROSTAGLANDIN I ANALOGUE
	 	U.S.A.
	 	 	521621	 	 	1990/5/10
	 	 	5107014	 	 	1992/4/21	 	 
	A-28

	 	PROSTAGLANDIN I ANALOGUE
	 	JAPAN
	 	 	63-286274	 	 	1988/11/10
	 	 	2059804	 	 	1996/6/10	 	 
	A-28

	 	PROSTAGLANDIN I ANALOGUE
	 	JAPAN
	 	 	63-332219	 	 	1988/12/27
	 	 	2059808	 	 	1996/6/10	 	 
	A-28

	 	PROSTAGLANDIN I ANALOGUE
	 	Canada
	 	 	2016300-3	 	 	1990/5/8
	 	 	2016300	 	 	2001/12/11	 	 






4









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-28

	 	PROSTAGLANDIN I ANALOGUE
	 	Korea
	 	 	6557/90	 	 	1990/5/9
	 	 	89549	 	 	1995/9/25	 	 
	A-28

	 	PROSTAGLANDIN I ANALOGUE
	 	TAIWAN
	 	 	79103767	 	 	1990/5/10
	 	 	52296	 	 	1992/3/6	 	 
	A-28

	 	PROSTAGLANDIN I ANALOGUE
	 	EPC
	 	 	90305046.6	 	 	1990/5/10
	 	 	455899	 	 	2000/2/16
	 	GB,FR,DE
	 
	A-29

	 	TREATMENT OF HYPERLIPIDEMIA
WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	U.S.A. CA
	 	 	899171	 	 	1992/6/15
	 	 	5234954	 	 	1993/8/10	 	 
	A-29

	 	TREATMENT OF HYPERLIPIDEMIA
WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	JAPAN
	 	 	2-196742	 	 	1990/7/24
	 	 	2137963	 	 	1998/8/21	 	 
	A-29

	 	TREATMENT OF HYPERLIPIDEMIA
WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	Canada
	 	 	2022081-3	 	 	1990/7/26
	 	 	2022081	 	 	1996/1/9	 	 
	A-29

	 	TREATMENT OF HYPERLIPIDEMIA
WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	EPC
	 	 	90307895.4	 	 	1990/7/19
	 	 	410646	 	 	1994/3/2
	 	GB,FR,DE
	 
	A-30

	 	IMPROVEMENT OF EXCRETION OF
POTASSIUM ION BY PROSTANOIC ACID
DERIVATIVES
	 	U.S.A. REISSUE
	 	 	953786	 	 	1992/9/30
	 	RE 34756
	 	1994/10/11	 	 
	A-30

	 	IMPROVEMENT OF EXCRETION OF
POTASSIUM ION BY PROSTANOIC ACID
DERIVATIVES
	 	JAPAN
	 	 	2-196743	 	 	1990/7/24
	 	 	2609479	 	 	1997/2/13	 	 
	A-30

	 	IMPROVEMENT OF EXCRETION OF
POTASSIUM ION BY PROSTANOIC ACID
DERIVATIVES
	 	Canada
	 	 	2022323-5	 	 	1990/7/25
	 	 	2022323	 	 	1995/7/25	 	 
	A-30

	 	IMPROVEMENT OF EXCRETION OF
POTASSIUM ION BY PROSTANOIC ACID
DERIVATIVES
	 	EPC
	 	 	90307944.0	 	 	1990/7/20
	 	 	410652	 	 	1995/5/17
	 	GB,FR,DE
	 
	A-31

	 	IMPROVEMENT OF EXCRETION OF
NONPROTEIN NITROGEN INTO THE
INTESTINE BY PROSTANOIC ACID
DERIVATIVES
	 	U.S.A.
	 	 	564489	 	 	1990/8/8
	 	 	5126372	 	 	1992/6/30	 	 
	A-31

	 	IMPROVEMENT OF EXCRETION OF
NONPROTEIN NITROGEN INTO THE
INTESTINE BY PROSTANOIC ACID
DERIVATIVES
	 	JAPAN
	 	 	2-210882	 	 	1990/8/8
	 	 	2138075	 	 	1998/8/28	 	 
	A-31

	 	IMPROVEMENT OF EXCRETION OF
NONPROTEIN NITROGEN INTO THE
INTESTINE BY PROSTANOIC ACID
DERIVATIVES
	 	Canada
	 	 	2022372-3	 	 	1990/7/31
	 	 	2022372	 	 	2000/5/2	 	 






5









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-31

	 	IMPROVEMENT OF EXCRETION OF
NONPROTEIN NITROGEN INTO THE
INTESTINE BY PROSTANOIC ACID
DERIVATIVES
	 	EPC
	 	 	90308385.5	 	 	1990/7/31
	 	 	415564	 	 	1995/4/26
	 	GB,FR,DE
	 
	A-35

	 	TREATMENT OF HEPATOBILIARY
DISEASE WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	U.S.A.
	 	 	600048	 	 	1990/10/19
	 	 	5096927	 	 	1992/3/17	 	 
	A-35

	 	TREATMENT OF HEPATOBILIARY
DISEASE WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	JAPAN
	 	 	2-282420	 	 	1990/10/19
	 	 	1879002	 	 	1994/10/7	 	 
	A-35

	 	TREATMENT OF HEPATOBILIARY
DISEASE WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	Canada
	 	 	2027814-5	 	 	1990/10/17
	 	 	2027814	 	 	1996/7/30	 	 
	A-35

	 	TREATMENT OF HEPATOBILIARY
DISEASE WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	Korea
	 	 	16811/90	 	 	1990/10/20
	 	 	127297	 	 	1997/10/21	 	 
	A-35

	 	TREATMENT OF HEPATOBILIARY
DISEASE WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	TAIWAN
	 	 	79108801	 	 	1990/10/18
	 	 	53077	 	 	1992/4/7	 	 
	A-35

	 	TREATMENT OF HEPATOBILIARY
DISEASE WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	EPC
	 	 	90311457.7	 	 	1990/10/18
	 	 	424156	 	 	1996/1/10
	 	GB,FR,DE,IT,NL,CH,BE,AT,
LU,SE,
ES,GR,DK
	 
	A-36

	 	TREATMENT OF PULMONARY
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	U.S.A. CA
	 	 	892642	 	 	1992/6/2
	 	 	5254588	 	 	1993/10/19	 	 
	A-36

	 	TREATMENT OF PULMONARY
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	JAPAN
	 	 	2-319575	 	 	1990/11/21
	 	 	2059846	 	 	1996/6/10	 	 
	A-36

	 	TREATMENT OF PULMONARY
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	Canada
	 	 	2030344-1	 	 	1990/11/20
	 	 	2030344	 	 	2000/4/18	 	 
	A-36

	 	TREATMENT OF PULMONARY
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	Korea
	 	 	18961/90	 	 	1990/11/22
	 	 	153779	 	 	1998/7/7	 	 
	A-36

	 	TREATMENT OF PULMONARY
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	TAIWAN
	 	 	79109730	 	 	1990/11/19
	 	 	51233	 	 	1992/1/14	 	 
	A-36

	 	TREATMENT OF PULMONARY
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	EPC
	 	 	90312641.5	 	 	1990/11/21
	 	 	430552	 	 	1995/11/8
	 	GB,FR,DE,IT,NL,CH,SE
	 
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	U.S.A.
	 	 	616960	 	 	1990/11/21
	 	 	5117042	 	 	1992/5/26	 	 






6









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	U.S.A. DIV
	 	 	777595	 	 	1991/10/16
	 	 	5290811	 	 	1994/3/1	 	 
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	U.S.A. DIV2
	 	 	8/142968	 	 	1993/10/29
	 	 	5426115	 	 	1995/6/20	 	 
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	JAPAN
	 	 	2-85439	 	 	1990/3/30
	 	 	2081225	 	 	1996/8/9	 	 
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	JAPAN
	 	 	2-319573	 	 	1990/11/21
	 	 	2032829	 	 	1996/3/19	 	 
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	JAPAN DIV
	 	 	6-299402	 	 	1994/12/2
	 	 	3023059	 	 	2000/1/14	 	 
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	Canada
	 	 	2030345-0	 	 	1990/11/20
	 	 	2030345	 	 	1998/12/8	 	 
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	Korea
	 	 	18959/90	 	 	1990/11/22
	 	 	147057	 	 	1998/5/14	 	 
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	Korea DIV
	 	 	5506/98	 	 	1998/2/21
	 	 	167745	 	 	1998/9/29	 	 
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	TAIWAN
	 	 	79109727	 	 	1990/11/19
	 	 	58906	 	 	1993/2/9	 	 
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	TAIWAN DIV
	 	 	81104516	 	 	1992/6/10
	 	 	63282	 	 	1993/12/9	 	 
	A-37

	 	USE OF 15-KETO-PROSTAGLANDIN
COMPOUND FOR IMPROVEMENT OF
ENCEPHALIC FUNCTION
	 	EPC
	 	 	90312642.3	 	 	1990/11/21
	 	 	435443	 	 	1996/8/28
	 	GB,FR,DE,IT,NL,CH,BE,AT,
LU,SE,
ES,GR,DK
	 
	A-38

	 	TREATMENT OF CARDIAC
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	U.S.A. CA
	 	 	892640	 	 	1992/6/2
	 	 	5256696	 	 	1993/10/26	 	 
	A-38

	 	TREATMENT OF CARDIAC
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	JAPAN
	 	 	2-319574	 	 	1990/11/21
	 	 	2059845	 	 	1996/6/10	 	 
	A-38

	 	TREATMENT OF CARDIAC
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	Canada
	 	 	2030346-8	 	 	1990/11/20
	 	 	2030346	 	 	2000/4/11	 	 
	A-38

	 	TREATMENT OF CARDIAC
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	Korea
	 	 	18960/90	 	 	1990/11/22
	 	 	167557	 	 	1998/9/29	 	 






7









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-38

	 	TREATMENT OF CARDIAC
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	TAIWAN
	 	 	79109728	 	 	1990/11/19
	 	 	51647	 	 	1992/2/1	 	 
	A-38

	 	TREATMENT OF CARDIAC
DYSFUNCTION WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	EPC
	 	 	90312640.7	 	 	1990/11/21
	 	 	430551	 	 	1998/1/28
	 	GB,FR,DE,IT,NL,CH,BE,AT,
SE,ES,
DK
	 
	A-39

	 	NEW
15-DEHYDROXY-16-OXOPROSTAGLANDINS
	 	U.S.A. CIP
	 	 	921719	 	 	1992/7/30
	 	 	5221799	 	 	1993/6/22	 	 
	A-39

	 	NEW
15-DEHYDROXY-16-OXOPROSTAGLANDINS
	 	JAPAN
	 	 	3-55930	 	 	1991/2/26
	 	 	2511579	 	 	1996/4/16	 	 
	A-39

	 	NEW
15-DEHYDROXY-16-OXOPROSTAGLANDINS
	 	Canada
	 	 	2037009-2	 	 	1991/2/25
	 	 	2037009	 	 	1998/1/27	 	 
	A-39

	 	NEW
15-DEHYDROXY-16-OXOPROSTAGLANDINS
	 	Korea
	 	 	3104/91	 	 	1991/2/26
	 	 	109016	 	 	1996/12/10	 	 
	A-39

	 	NEW
15-DEHYDROXY-16-OXOPROSTAGLANDINS
	 	TAIWAN
	 	 	80101480	 	 	1991/2/26
	 	 	61507	 	 	1993/7/21	 	 
	A-39

	 	NEW
15-DEHYDROXY-16-OXOPROSTAGLANDINS
	 	Australia
	 	 	71397/91	 	 	1991/2/26
	 	 	633697	 	 	1993/5/28	 	 
	A-39

	 	NEW
15-DEHYDROXY-16-OXOPROSTAGLANDINS
	 	EPC
	 	 	91301480.9	 	 	1991/2/25
	 	 	444844	 	 	1995/1/18
	 	GB,FR,DE,IT,NL,CH,BE,AT,
LU,SE,
ES,GR,DK
	 
	A-40

	 	TREATMENT OF CATARACT WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	U.S.A.
	 	 	07/680187	 	 	1991/4/3
	 	 	5212324	 	 	1993/5/18	 	 
	A-40

	 	TREATMENT OF CATARACT WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	U.S.A. CA
	 	 	08/300541	 	 	1994/9/6
	 	 	5686487	 	 	1997/11/11	 	 
	A-40

	 	TREATMENT OF CATARACT WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	JAPAN
	 	 	3-98202	 	 	1991/4/2
	 	 	2073408	 	 	1996/7/25	 	 
	A-40

	 	TREATMENT OF CATARACT WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	JAPAN
	 	 	4-12795	 	 	1992/1/28
	 	 	2125242	 	 	1997/1/13	 	 
	A-40

	 	TREATMENT OF CATARACT WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	Canada
	 	 	2039420-0	 	 	1991/3/28
	 	 	2039420	 	 	1996/12/10	 	 
	A-40

	 	TREATMENT OF CATARACT WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	Korea
	 	 	5502/91	 	 	1991/4/4
	 	 	123341	 	 	1997/9/12	 	 






8









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-40

	 	TREATMENT OF CATARACT WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	TAIWAN
	 	 	80102419	 	 	1991/3/28
	 	 	66662	 	 	1994/10/24	 	 
	A-40

	 	TREATMENT OF CATARACT WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	TAIWAN DIV
	 	 	80106617	 	 	1992/8/21
	 	 	71793	 	 	1995/10/5	 	 
	A-40

	 	TREATMENT OF CATARACT WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	Australia
	 	 	74047/91	 	 	1991/4/3
	 	 	644148	 	 	1994/6/2	 	 
	A-40

	 	TREATMENT OF CATARACT WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	EPC
	 	 	91302925.2	 	 	1991/4/3
	 	 	453127	 	 	1998/8/5
	 	GB,FR,DE,IT,NL,CH,BE,ES
	 
	A-42

	 	BIOCHEMICAL TREATMENT WITH
15-DEHYDROXY-16-OXOPROSTAGLANDIN
COMPOUNDS
	 	U.S.A. CIP
	 	 	932690	 	 	1992/8/20
	 	 	5302617	 	 	1994/4/12	 	 
	A-42

	 	BIOCHEMICAL TREATMENT WITH
15-DEHYDROXY-16-OXOPROSTAGLANDIN
COMPOUNDS
	 	JAPAN
	 	 	3-125235	 	 	1991/4/26
	 	 	2073410	 	 	1996/7/25	 	 
	A-42

	 	BIOCHEMICAL TREATMENT WITH
15-DEHYDROXY-16-OXOPROSTAGLANDIN
COMPOUNDS
	 	Canada
	 	 	2041240-2	 	 	1991/4/25
	 	 	2041240	 	 	2001/7/31	 	 
	A-42

	 	BIOCHEMICAL TREATMENT WITH
15-DEHYDROXY-16-OXOPROSTAGLANDIN
COMPOUNDS
	 	TAIWAN
	 	 	80103238	 	 	1991/4/25
	 	 	51651	 	 	1992/2/1	 	 
	A-42

	 	BIOCHEMICAL TREATMENT WITH
15-DEHYDROXY-16-OXOPROSTAGLANDIN
COMPOUNDS
	 	EPC
	 	 	91303667.9	 	 	1991/4/24
	 	 	454429	 	 	1997/1/29
	 	GB,FR,DE
	 
	A-43

	 	TREATMENT OF PANCREATIC DISEASE
WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	U.S.A.
	 	 	693219	 	 	1991/4/30
	 	 	5164415	 	 	1992/11/17	 	 
	A-43

	 	TREATMENT OF PANCREATIC DISEASE
WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	JAPAN
	 	 	3-98617	 	 	1991/4/30
	 	 	2515442	 	 	1996/4/30	 	 
	A-43

	 	TREATMENT OF PANCREATIC DISEASE
WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	Canada
	 	 	2041417-1	 	 	1991/4/29
	 	 	2041417	 	 	2002/5/21	 	 
	A-43

	 	TREATMENT OF PANCREATIC DISEASE
WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	Korea
	 	 	7058/91	 	 	1991/5/1
	 	 	123343	 	 	1997/9/12	 	 
	A-43

	 	TREATMENT OF PANCREATIC DISEASE
WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	TAIWAN
	 	 	80103357	 	 	1991/4/30
	 	 	62896	 	 	1993/11/10	 	 
	A-43

	 	TREATMENT OF PANCREATIC DISEASE
WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	EPC
	 	 	91303856.8	 	 	1991/4/29
	 	 	455448	 	 	1998/12/9
	 	GB,FR,DE,IT,CH
	 






9









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-48

	 	TREATMENT OF INFLAMMATORY
DISEASES WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	U.S.A. CA
	 	 	972092	 	 	1992/11/5
	 	 	5346921	 	 	1994/9/13	 	 
	A-48

	 	TREATMENT OF INFLAMMATORY
DISEASES WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	JAPAN
	 	 	3-169731	 	 	1991/7/10
	 	 	2562239	 	 	1996/9/19	 	 
	A-48

	 	TREATMENT OF INFLAMMATORY
DISEASES WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	Canada
	 	 	2046069-5	 	 	1991/7/2
	 	 	2046069	 	 	2002/4/9	 	 
	A-48

	 	TREATMENT OF INFLAMMATORY
DISEASES WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	Korea
	 	 	11731/91	 	 	1991/7/10
	 	 	195430	 	 	1999/2/11	 	 
	A-48

	 	TREATMENT OF INFLAMMATORY
DISEASES WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	TAIWAN
	 	 	80105091	 	 	1991/7/1
	 	 	59104	 	 	1993/2/15	 	 
	A-48

	 	TREATMENT OF INFLAMMATORY
DISEASES WITH 15-KETO-PROSTAGLANDIN
COMPOUNDS
	 	EPC
	 	 	91306069.5	 	 	1991/7/3
	 	 	467564	 	 	1996/4/24
	 	GB,FR,DE,IT,NL,CH,BE,AT,
LU,SE,
ES,GR,DK
	 
	A-50

	 	TREATMENT OF CATARACT WITH
PROSTACYCLIN COMPOUNDS
	 	U.S.A.
	 	 	739069	 	 	1991/8/1
	 	 	5162370	 	 	1992/11/10	 	 
	A-50

	 	TREATMENT OF CATARACT WITH
PROSTACYCLIN COMPOUNDS
	 	JAPAN
	 	 	3-192947	 	 	1991/8/1
	 	 	2134907	 	 	1998/2/13	 	 
	A-50

	 	TREATMENT OF CATARACT WITH
PROSTACYCLIN COMPOUNDS
	 	TAIWAN
	 	 	80105691	 	 	1991/7/23
	 	 	62164	 	 	1993/9/13	 	 
	 
	A-54

	 	PROMOTION OF WOUND-HEALING WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	U.S.A.
	 	 	851283	 	 	1992/3/12
	 	 	5252605	 	 	1993/10/12	 	 
	A-54

	 	PROMOTION OF WOUND-HEALING WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	JAPAN
	 	 	4-55100	 	 	1992/3/13
	 	 	2515458	 	 	1996/4/30	 	 
	A-54

	 	PROMOTION OF WOUND-HEALING WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	Canada
	 	 	2062653-4	 	 	1992/3/11
	 	 	2062653	 	 	2002/8/20	 	 
	A-54

	 	PROMOTION OF WOUND-HEALING WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	Korea
	 	 	4144/92	 	 	1992/3/13
	 	 	221370	 	 	1999/6/28	 	 
	A-54

	 	PROMOTION OF WOUND-HEALING WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	TAIWAN
	 	 	81101756	 	 	1992/3/7
	 	 	59447	 	 	1993/3/5	 	 
	A-54

	 	PROMOTION OF WOUND-HEALING WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	Australia
	 	 	12861/92	 	 	1992/3/13
	 	 	648877	 	 	1994/8/23	 	 






10









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-54

	 	PROMOTION OF WOUND-HEALING WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	New Zealand
	 	 	241940	 	 	1992/3/12
	 	 	241940	 	 	1997/11/7	 	 
	A-54

	 	PROMOTION OF WOUND-HEALING WITH
15-KETO-PROSTAGLANDIN COMPOUNDS
	 	EPC
	 	 	92302016.8	 	 	1992/3/10
	 	 	503887	 	 	1996/8/28
	 	GB,FR,DE,ES
	 
	A-55

	 	METHOD OF PRODUCING
a,b-UNSATURATED
KETOLACTONES
	 	U.S.A.
	 	 	861518	 	 	1992/4/1
	 	 	5229529	 	 	1993/7/20	 	 
	A-55

	 	METHOD OF PRODUCING
a,b-UNSATURATED KETOLACTONES
	 	JAPAN
	 	 	4-73782	 	 	1992/3/30
	 	 	2109156	 	 	1996/11/21	 	 
	A-55

	 	METHOD OF PRODUCING
a,b-UNSATURATED KETOLACTONES
	 	TAIWAN
	 	 	81102387	 	 	1992/3/28
	 	 	60251	 	 	1993/4/30	 	 
	 
	A-61

	 	PROCESS FOR PRODUCING
a,b-UNSATURATED KETONE
	 	U.S.A.
	 	 	8/244566	 	 	1993/9/29
	 	 	5468880	 	 	1995/11/21	 	 
	A-61

	 	PROCESS FOR PRODUCING
a,b-UNSATURATED KETONE
	 	JAPAN
	 	 	6-508895	 	 	1993/9/29
	 	 	3207203	 	 	2001/7/6	 	 
	 
	A-63

	 	AGENT FOR TREATING
HEPATO-BILIARY DISEASES
	 	U.S.A. CA
	 	 	08/797940	 	 	1997/2/12
	 	 	5739161	 	 	1998/4/14	 	 
	A-63

	 	AGENT FOR TREATING
HEPATO-BILIARY DISEASES
	 	JAPAN
	 	 	7-136579	 	 	1995/6/2
	 	 	3183615	 	 	2001/4/27	 	 
	A-63

	 	AGENT FOR TREATING
HEPATO-BILIARY DISEASES
	 	JAPAN DIV
	 	 	11-125756	 	 	1999/5/6
	 	 	3183650	 	 	2001/4/27	 	 
	A-63

	 	AGENT FOR TREATING
HEPATO-BILIARY DISEASES
	 	Canada
	 	 	2150287	 	 	1995/5/26
	 	 	2150287	 	 	2004/8/10	 	 
	A-63

	 	AGENT FOR TREATING
HEPATO-BILIARY DISEASES
	 	Korea
	 	 	1475/95	 	 	1995/6/3
	 	 	260573	 	 	2000/4/10	 	 
	A-63

	 	AGENT FOR TREATING
HEPATO-BILIARY DISEASES
	 	China
	 	 	95107393.1	 	 	1995/6/2
	 	 	95107393.1	 	 	2001/12/26	 	 
	A-63

	 	AGENT FOR TREATING
HEPATO-BILIARY DISEASES
	 	Australia
	 	 	20412/95	 	 	1995/6/1
	 	 	690241	 	 	1998/8/6	 	 
	A-63

	 	AGENT FOR TREATING
HEPATO-BILIARY DISEASES
	 	New Zealand
	 	 	272234	 	 	1995/5/29
	 	 	272234	 	 	1996/6/14	 	 






11









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-63

	 	AGENT FOR TREATING
HEPATO-BILIARY DISEASES
	 	EPC
	 	 	95303718.1	 	 	1995/5/31
	 	 	690049	 	 	1999/8/4
	 	GB,FR,DE,IT,NL,CH,BE,AT,
SE,ES,DK,PT
	 
	A-70

	 	ENDOTHELIN ANTAGONIST
	 	TAIWAN
	 	 	86107892	 	 	1997/6/7
	 	 	126463	 	 	2001/5/25	 	 
	A-70

	 	ENDOTHELIN ANTAGONIST
	 	U.S.A.
	 	 	09/011218	 	 	1997/6/4
	 	 	6242485	 	 	2001/6/5	 	 
	A-70

	 	ENDOTHELIN ANTAGONIST
	 	U.S.A. DIV
	 	 	09/475285	 	 	1999/12/30
	 	 	6452039	 	 	2002/9/17	 	 
	A-70

	 	ENDOTHELIN ANTAGONIST
	 	JAPAN
	 	 	10-501431	 	 	1997/6/4
	 	 	3187438	 	 	2001/5/11	 	 
	A-70

	 	ENDOTHELIN ANTAGONIST
	 	Canada
	 	 	2229183	 	 	1997/6/4	 	 	 	 	 	 	 	 
	A-70

	 	ENDOTHELIN ANTAGONIST
	 	China
	 	 	97191058.8	 	 	1997/6/4	 	 	 	 	 	 	 	 
	A-70

	 	ENDOTHELIN ANTAGONIST
	 	Korea
	 	 	700990/98	 	 	1997/6/4	 	 	 	 	 	 	 	 
	A-70

	 	ENDOTHELIN ANTAGONIST
	 	Australia
	 	 	30478/97	 	 	1997/6/4
	 	 	716176	 	 	2000/6/1	 	 
	A-70

	 	ENDOTHELIN ANTAGONIST
	 	EPC
	 	 	97925279.8	 	 	1997/6/4
	 	 	0857718	 	 	2002/8/14
	 	AT,BE,CH,DE,DK,ES,FR,
GB,IT,NL,
PT,SE
	 
	A-80

	 	TREATMENT OF PORTAL HYPERTENSION
	 	TAIWAN
	 	 	87116487	 	 	1998/10/3
	 	 	146511	 	 	2002/4/8	 	 
	A-80

	 	TREATMENT OF PORTAL HYPERTENSION
	 	U.S.A.
	 	 	09/319868	 	 	1998/9/30
	 	 	6291521	 	 	2001/9/18	 	 
	A-80

	 	TREATMENT OF PORTAL HYPERTENSION
	 	JAPAN
	 	 	11-521456	 	 	1998/9/30	 	 	 	 	 	 	 	 
	A-80

	 	TREATMENT OF PORTAL HYPERTENSION
	 	Canada
	 	 	2274670	 	 	1998/9/30	 	 	 	 	 	 	 	 
	A-80

	 	TREATMENT OF PORTAL HYPERTENSION
	 	China
	 	 	98802447.0	 	 	1998/9/30	 	 	 	 	 	 	 	 






12









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-80

	 	TREATMENT OF PORTAL HYPERTENSION
	 	Korea
	 	 	10-1999-7005260	 	 	1998/9/30	 	 	 	 	 	 	 	 
	A-80

	 	TREATMENT OF PORTAL HYPERTENSION
	 	Australia
	 	 	92799/98	 	 	1998/9/30
	 	 	740819	 	 	2002/2/28	 	 
	A-80

	 	TREATMENT OF PORTAL HYPERTENSION
	 	New Zealand
	 	 	336362	 	 	1998/9/30
	 	 	336362	 	 	2001/5/10	 	 
	A-80

	 	TREATMENT OF PORTAL HYPERTENSION
	 	Norway
	 	 	19992858	 	 	1998/9/30	 	 	 	 	 	 	 	 
	A-80

	 	TREATMENT OF PORTAL HYPERTENSION
	 	EPC
	 	 	98945529.0	 	 	1998/9/30	 	 	 	 	 	 	 	 
	A-80

	 	TREATMENT OF PORTAL HYPERTENSION
	 	Hong Kong
	 	 	00105084.6	 	 	2000/8/15	 	 	 	 	 	 	 	 
	 
	A-83

	 	ENDOTHELIN ANTAGONIST
	 	TAIWAN
	 	 	87118975	 	 	1998/11/17
	 	 	205504	 	 	2004/10/26	 	 
	A-83

	 	ENDOTHELIN ANTAGONIST
	 	U.S.A.
	 	 	09/355270	 	 	1998/11/16
	 	 	6197821	 	 	2001/3/6	 	 
	A-83

	 	ENDOTHELIN ANTAGONIST
	 	JAPAN
	 	 	11-530560	 	 	1998/11/16	 	 	 	 	 	 	 	 
	A-83

	 	ENDOTHELIN ANTAGONIST
	 	Canada
	 	 	2279267	 	 	1998/11/16	 	 	 	 	 	 	 	 
	A-83

	 	ENDOTHELIN ANTAGONIST
	 	China
	 	 	98803586.3	 	 	1998/11/16
	 	 	98803586.3	 	 	2005/6/22	 	 
	A-83

	 	ENDOTHELIN ANTAGONIST
	 	Korea
	 	 	10-1999-7006752	 	 	1998/11/16	 	 	 	 	 	 	 	 
	A-83

	 	ENDOTHELIN ANTAGONIST
	 	Australia
	 	 	10537/99	 	 	1998/11/16
	 	 	739343	 	 	2002/1/24	 	 
	A-83

	 	ENDOTHELIN ANTAGONIST
	 	New Zealand
	 	 	336960	 	 	1998/11/16
	 	 	336960	 	 	2001/6/6	 	 
	A-83

	 	ENDOTHELIN ANTAGONIST
	 	Norway
	 	 	19993647	 	 	1998/11/16	 	 	 	 	 	 	 	 






13









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-83

	 	ENDOTHELIN ANTAGONIST
	 	EPC
	 	 	98953058.9	 	 	1998/11/16	 	 	 	 	 	 	 	 
	A-83

	 	ENDOTHELIN ANTAGONIST
	 	Hong Kong
	 	 	00104940.3	 	 	2000/8/8	 	 	 	 	 	 	 	 
	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	U.S.A.
	 	 	09/615703	 	 	2000/7/13
	 	 	6566398	 	 	2003/5/20	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	U.S.A. DIV2
	 	 	10/994364	 	 	2004/11/23	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	TAIWAN
	 	 	89113876	 	 	2000/7/12
	 	 	225398	 	 	2004/12/21	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	ARGENTINA
	 	 	P000103635	 	 	2000/7/14	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	JAPAN
	 	 	2001-510445	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Canada
	 	 	2377661	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	China
	 	 	00810238.4	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Korea
	 	 	2002-7000471	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Australia
	 	 	58533/00	 	 	2000/7/13
	 	 	779936	 	 	2005/6/30	 	 
	A-88

	 	USE OF PROSTAGLANDIN LIKE
COMPOUND FOR THE TREATMENT OF
EXTERNAL SECRETION DISORDERS
	 	New Zealand
	 	 	516104	 	 	2000/7/13
	 	 	516104	 	 	2004/3/29	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	South Africa
	 	 	2001/9726	 	 	2000/7/13
	 	 	2001/9726	 	 	2002/11/27	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Brazil
	 	 	PI 0012387	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Mexico
	 	 	PA/A/2002/000437	 	 	2000/7/13	 	 	 	 	 	 	 	 






14









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	India
	 	 	IN/PCT/2002/00049
	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Israel
	 	 	147440	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Turkey
	 	 	2002/00065	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Russia
	 	 	2002103597	 	 	2000/7/13
	 	 	2264816	 	 	2005/11/27	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Czech
	 	 	PV2002-133	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Hungary
	 	 	P 0202400	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Norway
	 	 	20020133	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	EPC
	 	 	00944426.6	 	 	2000/7/13	 	 	 	 	 	 	 	 
	A-88

	 	DRUGS FOR TREATING EXOCRINE
GLAND DISORDERS
	 	Hong Kong
	 	 	03100518.0	 	 	2000/7/13	 	 	 	 	 	 	 	 
	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	U.S.A.
	 	 	09/688351	 	 	2000/10/16
	 	 	6583174	 	 	2003/6/24	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	U.S.A. DIV
	 	 	10/383581	 	 	2003/3/10	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	TAIWAN
	 	 	89121423	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	ARGENTINA
	 	 	P000105407	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	JAPAN
	 	 	2001-530318	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Canada
	 	 	2385732	 	 	2000/10/13	 	 	 	 	 	 	 	 






15









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	China
	 	 	00814313.7	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Korea
	 	 	2002-7004709	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Australia
	 	 	76856/00	 	 	2000/10/13
	 	 	780342	 	 	2005/7/7	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Australia DIV
	 	 	2004242503	 	 	2004/12/24	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	New Zealand
	 	 	518020	 	 	2000/10/13
	 	 	518020	 	 	2004/6/8	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	South Africa
	 	 	2002/2312	 	 	2000/10/13
	 	 	2002/2312	 	 	2002/12/24	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Brazil
	 	 	PI 0014869	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Mexico
	 	 	PA/A/2002/003756	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	India
	 	IN/PCT/2002/00516
	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Israel
	 	 	148803	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Turkey
	 	 	2002/01032	 	 	2000/10/13
	 	 	2002/01032	 	 	2005/10/21	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Russia
	 	 	2002112984	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Czech
	 	 	PV2002-1037
	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Hungary
	 	 	P 0203746	 	 	2000/10/13	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Norway
	 	 	20021736	 	 	2000/10/13	 	 	 	 	 	 	 	 






16









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	EPC
	 	 	00966462.4	 	 	2000/10/13
	 	 	1220849	 	 	2004/5/19
	 	GB,FR,DE,IT,NL,CH,BE,AT,
SE,ES,
PT,DK,IE`
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	EPC DIV
	 	 	04005836.4	 	 	2004/3/11	 	 	 	 	 	 	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Hong Kong
	 	 	02107337.5	 	 	2002/10/7
	 	 	1045693	 	 	2005/1/21	 	 
	A-93

	 	BICYCLIC COMPOUNDS COMPOSITION
AND METHOD FOR STABILIZING THE SAME
	 	Hong Kong DIV
	 	 	04109640.1	 	 	2004/12/6	 	 	 	 	 	 	 	 
	 
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	U.S.A.
	 	 	09/827375	 	 	2001/4/6
	 	 	6469062	 	 	2002/10/22	 	 
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	ARGENTINA
	 	 	P010101663	 	 	2001/4/6	 	 	 	 	 	 	 	 
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	TAIWAN
	 	 	90108254	 	 	2001/4/6
	 	 	I 232750	 	 	2005/5/21	 	 
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	JAPAN
	 	 	2001-574111	 	 	2001/4/5	 	 	 	 	 	 	 	 
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	China
	 	 	01810583.1	 	 	2001/4/5
	 	 	01810583.1	 	 	2006/2/15	 	 
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	Korea
	 	 	2002-7013275	 	 	2001/4/5	 	 	 	 	 	 	 	 
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	Australia
	 	 	2001244727	 	 	2001/4/5	 	 	 	 	 	 	 	 
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	New Zealand
	 	 	521784	 	 	2001/4/5
	 	 	521784	 	 	2005/8/11	 	 
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	Canada
	 	 	2404767	 	 	2001/4/5	 	 	 	 	 	 	 	 
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	Brazil
	 	 	PI 0107544	 	 	2001/4/5	 	 	 	 	 	 	 	 
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	Mexico
	 	 	PA/A/2002/009915	 	 	2001/4/5
	 	 	230686	 	 	2005/9/19	 	 







17









 







	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	A-98

	 	CHOLAGOGIC COMPOSITION
	 	EPC
	 	 	01917828.4	 	 	2001/4/5	 	 	 	 	 	 	 	 
	AR-1

	 	TREATMENT OF OCULAR HYPERTENSION
	 	U.S.A. CIP2
	 	 	09/851111	 	 	2001/5/9
	 	 	6596765	 	 	2003/7/22	 	 
	AR-1

	 	TREATMENT OF OCULAR HYPERTENSION
	 	U.S.A. DIV
	 	 	10/385621	 	 	2003/3/12	 	 	 	 	 	 	 	 
	AR-1

	 	TREATMENT OF OCULAR HYPERTENSION
	 	JAPAN
	 	 	2002-513466	 	 	2001/7/18	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	U.S.A.
	 	 	09/655760	 	 	2000/9/5
	 	 	6414016	 	 	2002/7/2	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	U.S.A. DIV
	 	 	10/138650	 	 	2000/9/5
	 	 	6610732	 	 	2003/8/26	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	U.S.A. DIV2
	 	 	10/443046	 	 	2003/5/22	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	U.S.A. DIV3
	 	 	11/142251	 	 	2005/6/2	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	ARGENTINA
	 	 	P010104216	 	 	2001/9/5	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	TAIWAN
	 	 	90121835	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	JAPAN
	 	 	2002-524492	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	Canada
	 	 	2419741	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	China
	 	 	01818323.9	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	Korea
	 	 	2003-7003261	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	Australia
	 	 	2001282615	 	 	2001/9/4	 	 	 	 	 	 	 	 






18









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	New Zealand
	 	 	524401	 	 	2001/9/4
	 	 	524401	 	 	2004/12/9	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	South Africa
	 	 	2003/1673	 	 	2001/9/4
	 	 	2003/1673	 	 	2003/11/26	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	Brazil
	 	PI 0114042
	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	Mexico
	 	PA/A/2003/001959
	 	 	2001/9/4
	 	 	231553	 	 	2005/10/24	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	India
	 	00460/CHENP/2003
	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	Israel
	 	 	154534	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	Russia
	 	 	2003109622	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	Czech
	 	PV2003-787
	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	Hungary
	 	 	P0302422	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	Norway
	 	 	20030996	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-3

	 	ANTI-CONSTIPATION COMPOSITION
	 	EPC
	 	 	01961333.0	 	 	2001/9/4	 	 	 	 	 	 	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	U.S.A.
	 	 	10/135397	 	 	2002/5/1
	 	 	6982283	 	 	2006/1/3	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	ARGENTINA
	 	 	P020101560	 	 	2002/4/29	 	 	 	 	 	 	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	TAIWAN
	 	 	91108513	 	 	2002/4/25	 	 	 	 	 	 	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	JAPAN
	 	 	2002-586947	 	 	2002/4/26	 	 	 	 	 	 	 	 






19









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	China
	 	 	02813389.7	 	 	2002/4/26	 	 	 	 	 	 	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	Korea
	 	 	2003-7014221	 	 	2002/4/26	 	 	 	 	 	 	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	Australia
	 	 	2002251554	 	 	2002/4/26	 	 	 	 	 	 	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	New Zealand
	 	 	529187	 	 	2002/4/26
	 	 	529187	 	 	2006/2/9	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	Canada
	 	 	2444103	 	 	2002/4/26	 	 	 	 	 	 	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	Brazil
	 	PI 0209327
	 	 	2002/4/26	 	 	 	 	 	 	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	Mexico
	 	PA/A/2003/010019
	 	 	2002/4/26	 	 	 	 	 	 	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	Norway
	 	 	20034864	 	 	2002/4/26	 	 	 	 	 	 	 	 
	AR-7

	 	COMPOSITION FOR TREATING

DRUG-INDUCED CONSTIPATION
	 	EPC
	 	 	02720623.4	 	 	2002/4/26	 	 	 	 	 	 	 	 
	AR-10

	 	METHOD AND COMPOSITION FOR

TREATMENT OF OCULAR HYPERTENSION

AND GLUCOMA
	 	U.S.A.
	 	 	10/485370	 	 	2002/7/30	 	 	 	 	 	 	 	 
	AR-10

	 	METHOD AND COMPOSITION FOR

TREATMENT OF OCULAR HYPERTENSION

AND GLUCOMA
	 	JAPAN
	 	 	2003-516529	 	 	2002/7/30	 	 	 	 	 	 	 	 
	AR-14

	 	PHARMACEUTICAL COMPOSITION

COMPRISING A ClC-2 CHANNEL OPENER
	 	U.S.A.
	 	 	10/298062	 	 	2002/11/18	 	 	 	 	 	 	 	 
	AR-14

	 	PHARMACEUTICAL COMPOSITION

COMPRISING A ClC-2 CHANNEL OPENER
	 	ARGENTINA
	 	 	P020104435	 	 	2002/11/19	 	 	 	 	 	 	 	 
	AR-14

	 	PHARMACEUTICAL COMPOSITION

COMPRISING A ClC-2 CHANNEL OPENER
	 	TAIWAN
	 	 	91133604	 	 	2002/11/18	 	 	 	 	 	 	 	 
	AR-14

	 	PHARMACEUTICAL COMPOSITION

COMPRISING A ClC-2 CHANNEL OPENER
	 	JAPAN
	 	 	2003-545320	 	 	2002/11/19	 	 	 	 	 	 	 	 






20









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	AR-14

	 	PHARMACEUTICAL COMPOSITION
COMPRISING A ClC-2 CHANNEL OPENER
	 	Canada
	 	 	2466906	 	 	2002/11/19	 	 	 	 	 	 	 	 
	AR-14

	 	PHARMACEUTICAL COMPOSITION
COMPRISING A ClC-2 CHANNEL OPENER
	 	EPC
	 	 	02781814.5	 	 	2002/11/19	 	 	 	 	 	 	 	 
	AR-15

	 	PROSTAGLANDIN ANALOGS FOR
TREATING CONSTIPATION
	 	U.S.A.
	 	 	10/293516	 	 	2002/11/14	 	 	 	 	 	 	 	 
	AR-15

	 	PROSTAGLANDIN ANALOGS FOR
TREATING CONSTIPATION
	 	ARGENTINA
	 	 	P020104349	 	 	2002/11/13	 	 	 	 	 	 	 	 
	AR-15

	 	PROSTAGLANDIN ANALOGS FOR
TREATING CONSTIPATION
	 	TAIWAN
	 	 	91133227	 	 	2002/11/13	 	 	 	 	 	 	 	 
	AR-15

	 	PROSTAGLANDIN ANALOGS FOR
TREATING CONSTIPATION
	 	JAPAN
	 	 	2003-543603	 	 	2002/11/14	 	 	 	 	 	 	 	 
	AR-15

	 	PROSTAGLANDIN ANALOGS FOR
TREATING CONSTIPATION
	 	Canada
	 	 	2464420	 	 	2002/11/14	 	 	 	 	 	 	 	 
	AR-15

	 	PROSTAGLANDIN ANALOGS FOR
TREATING CONSTIPATION
	 	Brazil
	 	PI 0214075
	 	2002/11/14	 	 	 	 	 	 	 	 
	AR-15

	 	PROSTAGLANDIN ANALOGS FOR
TREATING CONSTIPATION
	 	EPC
	 	 	02780083.8	 	 	2002/11/14	 	 	 	 	 	 	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	U.S.A.
	 	 	10/147980	 	 	2002/5/20
	 	 	6956056	 	 	2005/10/18	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	U.S.A. DIV
	 	 	11/190842	 	 	2005/7/28	 	 	 	 	 	 	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	ARGENTINA
	 	 	P020101832	 	 	2002/5/17	 	 	 	 	 	 	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	TAIWAN
	 	 	91110333	 	 	2002/5/17	 	 	 	 	 	 	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	JAPAN
	 	 	2002-590991	 	 	2002/5/17	 	 	 	 	 	 	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	China
	 	 	02810184.7	 	 	2002/5/17	 	 	 	 	 	 	 	 






21









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	AR-18

	 	CATHARTIC COMPOSITION
	 	Korea
	 	 	2003-7014860	 	 	2002/5/17	 	 	 	 	 	 	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	Australia
	 	 	2002307725	 	 	2002/5/17	 	 	 	 	 	 	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	New Zealand
	 	 	529406	 	 	2002/5/17
	 	 	529406	 	 	2006/1/12	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	Canada
	 	 	2445651	 	 	2002/5/17	 	 	 	 	 	 	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	Brazil
	 	PI 0209863-6
	 	 	2002/5/17	 	 	 	 	 	 	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	Mexico
	 	PA/A/2003/010510
	 	 	2002/5/17	 	 	 	 	 	 	 	 
	AR-18

	 	CATHARTIC COMPOSITION
	 	EPC
	 	 	02771715.6	 	 	2002/5/17	 	 	 	 	 	 	 	 
	AR-20

	 	CHLORIDE CHANNEL OPENER
	 	U.S.A.
	 	 	10/231341	 	 	2002/8/30
	 	 	7064148	 	 	2006/6/20	 	 
	AR-20

	 	CHLORIDE CHANNEL OPENER
	 	U.S.A. DIV
	 	 	11/333511	 	 	2006/1/18	 	 	 	 	 	 	 	 
	AR-20

	 	CHLORIDE CHANNEL OPENER
	 	ARGENTINA
	 	 	P020103284	 	 	2002/8/30	 	 	 	 	 	 	 	 
	AR-20

	 	CHLORIDE CHANNEL OPENER
	 	TAIWAN
	 	 	91119830	 	 	2002/8/30	 	 	 	 	 	 	 	 
	AR-20

	 	CHLORIDE CHANNEL OPENER
	 	JAPAN
	 	 	2003-533944	 	 	2002/8/29	 	 	 	 	 	 	 	 
	AR-20

	 	CHLORIDE CHANNEL OPENER
	 	Canada
	 	 	2458471	 	 	2002/8/29	 	 	 	 	 	 	 	 
	AR-20

	 	CHLORIDE CHANNEL OPENER
	 	Brazil
	 	PI 0212233
	 	 	2002/8/29	 	 	 	 	 	 	 	 
	AR-20

	 	CHLORIDE CHANNEL OPENER
	 	Mexico
	 	PA/A/2004/002006
	 	 	2002/8/29	 	 	 	 	 	 	 	 






22









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	AR-20

	 	CHLORIDE CHANNEL OPENER
	 	Australia
	 	 	2002330747	 	 	2002/8/29	 	 	 	 	 	 	 	 
	AR-20

	 	CHLORIDE CHANNEL OPENER
	 	New Zealand
	 	 	531503	 	 	2002/8/29
	 	 	531503	 	 	2006/5/11	 	 
	AR-20

	 	CHLORIDE CHANNEL OPENER
	 	EPC
	 	 	02767866.3	 	 	2002/8/29	 	 	 	 	 	 	 	 
	AR-21

	 	METHOD AND COMPOSITION FOR
TREATING OBESITY
	 	U.S.A.
	 	 	10/531874	 	 	2003/10/22	 	 	 	 	 	 	 	 
	AR-21

	 	METHOD AND COMPOSITION FOR
TREATING OBESITY
	 	JAPAN
	 	 	2004-546433	 	 	2003/10/22	 	 	 	 	 	 	 	 
	AR-21

	 	METHOD AND COMPOSITION FOR
TREATING OBESITY
	 	Canada
	 	 	2502439	 	 	2003/10/22	 	 	 	 	 	 	 	 
	AR-21

	 	METHOD AND COMPOSITION FOR
TREATING OBESITY
	 	Australia
	 	 	2003274735	 	 	2003/10/22	 	 	 	 	 	 	 	 
	AR-21

	 	METHOD AND COMPOSITION FOR
TREATING OBESITY
	 	New Zealand
	 	 	539582	 	 	2003/10/22	 	 	 	 	 	 	 	 
	AR-21

	 	METHOD AND COMPOSITION FOR
TREATING OBESITY
	 	EPC
	 	 	03758747.4	 	 	2003/10/22	 	 	 	 	 	 	 	 
	AR-29

	 	ENTERIC COATED COMPOSITION
	 	U.S.A.
	 	 	 	 	 	2004/7/5	 	 	 	 	 	 	 	 
	AR-29

	 	ENTERIC COATED COMPOSITION
	 	JAPAN
	 	 	2006-516862	 	 	2004/7/5	 	 	 	 	 	 	 	 
	AR-29

	 	ENTERIC COATED COMPOSITION
	 	EPC
	 	 	0477747335.0	 	 	2004/7/5	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL
DISCOMFORT
	 	U.S.A.
	 	 	10/745689	 	 	2003/12/29	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL
DISCOMFORT
	 	TAIWAN
	 	 	92136988	 	 	2003/12/26	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL
DISCOMFORT
	 	ARGENTINA
	 	 	P030104848	 	 	2003/12/29	 	 	 	 	 	 	 	 






23









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	AR-32

	 	METHOD FOR TREATING ABDOMINAL

DISCOMFORT
	 	JAPAN
	 	 	2004-564537	 	 	2003/12/26	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL

DISCOMFORT
	 	Canada
	 	 	2510051	 	 	2003/12/26	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL

DISCOMFORT
	 	Brazil
	 	PI 0317740-8
	 	 	2003/12/26	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL

DISCOMFORT
	 	Mexico
	 	PA/A/2005/006981
	 	 	2003/12/26	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL

DISCOMFORT
	 	China
	 	 	200380109901.4	 	 	2003/12/26	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL

DISCOMFORT
	 	Korea
	 	 	2005-7012162	 	 	2003/12/26	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL

DISCOMFORT
	 	Australia
	 	 	2003292556	 	 	2003/12/26	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL

DISCOMFORT
	 	New Zealand
	 	 	541110	 	 	2003/12/26	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL

DISCOMFORT
	 	Norway
	 	 	20053623	 	 	2003/12/26	 	 	 	 	 	 	 	 
	AR-32

	 	METHOD FOR TREATING ABDOMINAL

DISCOMFORT
	 	EPC
	 	 	03768289.5	 	 	2003/12/26	 	 	 	 	 	 	 	 
	AR-42

	 	METHOD AND COMPOSITION FOR

TREATING CENTRAL NERVOUS SYSTEM

DISORDERS
	 	U.S.A.
	 	 	11/339495	 	 	2006/1/26	 	 	 	 	 	 	 	 
	AR-42

	 	METHOD AND COMPOSITION FOR

TREATING CENTRAL NERVOUS SYSTEM

DISORDERS
	 	TAIWAN
	 	 	95103028	 	 	2006/1/26	 	 	 	 	 	 	 	 
	AR-42

	 	METHOD AND COMPOSITION FOR

TREATING CENTRAL NERVOUS SYSTEM

DISORDERS
	 	ARGENTINA
	 	 	P060100290	 	 	2006/1/26	 	 	 	 	 	 	 	 
	AR-42

	 	METHOD AND COMPOSITION FOR

TREATING CENTRAL NERVOUS SYSTEM

DISORDERS
	 	PCT
	 	PCT/JP2006/301704
	 	 	2006/1/26	 	 	 	 	 	 	 	 
	AR-43

	 	METHOD FOR TREATING PERIPHERAL

VASCULAR DISEASES
	 	U.S.A.
	 	 	 	 	 	2006/3/3	 	 	 	 	 	 	 	 






24









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FILE	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	No.	 	Title	 	Country	 	Application No.	 	Filing Date	 	Patent No.	 	Issue Date	 	EP Designated Country
	AR-43

	 	METHOD FOR TREATING PERIPHERAL

VASCULAR DISEASES
	 	TAIWAN
	 	 	95107144	 	 	2006/3/3	 	 	 	 	 	 	 	 
	AR-43

	 	METHOD FOR TREATING PERIPHERAL

VASCULAR DISEASES
	 	ARGENTINA
	 	 	P060100815	 	 	2006/3/3	 	 	 	 	 	 	 	 
	AR-43

	 	METHOD FOR TREATING PERIPHERAL

VASCULAR DISEASES
	 	PCT
	 	PCT/JP2006/304667
	 	 	2006/3/3	 	 	 	 	 	 	 	 
	AR-46

	 	PHARMACEUTICAL COMBINATION AND

METHOD FOR TREATING

GASTROINTESTINAL DISORDERS USING

THEREOF
	 	U.S.A.
	 	 	11/401382	 	 	2006/4/11	 	 	 	 	 	 	 	 
	AR-46

	 	PHARMACEUTICAL COMBINATION AND

METHOD FOR TREATING

GASTROINTESTINAL DISORDERS USING

THEREOF
	 	PCT
	 	PCT/JP2006/308001
	 	 	2006/4/11	 	 	 	 	 	 	 	 
	AR-48

	 	METHOD FOR TREATING

GASTROINTESTINAL DISORDER
	 	U.S.A.
	 	 	11/216012	 	 	2005/9/1	 	 	 	 	 	 	 	 
	AR-48

	 	METHOD FOR TREATING

GASTROINTESTINAL DISORDER
	 	TAIWAN
	 	 	94129818	 	 	2005/8/31	 	 	 	 	 	 	 	 
	AR-48

	 	METHOD FOR TREATING

GASTROINTESTINAL DISORDER
	 	ARGENTINA
	 	 	P050103687	 	 	2005/9/2	 	 	 	 	 	 	 	 
	AR-48

	 	METHOD FOR TREATING

GASTROINTESTINAL DISORDER
	 	PCT
	 	PCT/JP05/016464
	 	 	2005/9/1	 	 	 	 	 	 	 	 
	AR-50

	 	METHOD FOR TREATING

GASTROINTESTINAL MUCOSAL DISORDERS
	 	U.S.A.
	 	 	11/384491	 	 	2006/3/21	 	 	 	 	 	 	 	 
	AR-50

	 	METHOD FOR TREATING

GASTROINTESTINAL MUCOSAL DISORDERS
	 	PCT
	 	PCT/JP2006/306380
	 	 	2006/3/22	 	 	 	 	 	 	 	 
	AR-51

	 	METHOD FOR TREATING CHRONIC

OBSTRUCTIVE PULMONARY DISEASE
	 	U.S.A. (Pro.)
	 	 	 	 	 	2006/2/28	 	 	 	 	 	 	 	 
	1100

	 	15-KETO-17-HALO-PROSTAGLANDIN E

SERIES
	 	JAPAN
	 	 	2-186285	 	 	1990/7/13
	 	 	2081229	 	 	1996/8/9	 	 







25









 







Exhibit B




Declaration of Licensed Rights




	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	(Übersetzung der englischen Originalversion)

	 
	Declaration
	 	Lizenzerklärung

	 
	 	 	 	 	 	 	 	 	 	 
	by
	 	von

	 
	 	 	 	 	 	 	 	 	 	 
	Sucampo AG, Graben 5, CH-6300 Zug

(“SAG”)	 	Sucampo AG, Graben 5, CH-6300 Zug

(“SAG”)
	 
	 	 	 	 	 	 	 	 	 	 
	concerning
	 	betreffend

	 
	 	 	 	 	 	 	 	 	 	 
	Grant of Licensed Rights
	 	Erteilung von Lizenzen

	 
	1.	 	On the basis of the Amended and
Restated Patent Access Agreement
dated June 30, 2006, (the
"Agreement”) SAG herewith declares
to have granted to each of;	 	 1.	 	Basierend auf der revidierten Patentzugangs
Vereinbarung vom 30.Juni 2006 (Amended and
Restated Patent Access Agreement)
(“Vereinbarung”) erklärt SAG hiermit, der
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	•
	 	Sucampo
Pharmaceuticals
Incorporation, 4733
Bethesda Avenue, Suite
450, Bethesda, Maryland
20814, USA (“SPI”) in the
territory defined in
Annex 1a);
	 	 	 	•
	 	Sucampo Pharmaceuticals
Incorporation, 4733 Bethesda Avenue, Suite 450,
Bethesda, Maryland 20814, USA (“SPI”) für das in
Anlage 1a) definierte Territorium,
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	•
	 	Sucampo
Pharma Limited, 2-2-16
Sonezakishinchi, Kita-Ku,
Osaka, Japan 530-0002
(“SPL”) in the territory
defined in Annex 1b), and
	 	 	 	•
	 	Sucampo Pharma Limited, 2-2-16
Sonezakishinchi, Kita-Ku, Osaka, Japan 530-0002
(“SPL”) für das in Anlage 1b) definierte
Territorium, und der
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	•
	 	 Sucampo
Pharma Europe Limited, 78
Cannon Street, London,
EC4N6NQ, UK (“SPE”) in
the territory defined in
Annex 1c),
	 	 	 	•
	 	Sucampo Pharma Europe Limited,
78 Cannon Street, London, EC4N6NQ, UK (“SPE”)
für das in Anlage 1c) definierte Territorium,
















 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	an exclusive license to
develop, import, use,
make, have made, export,
offer for sale and sell
licensed products
(“Licensed Products”)
throughout their
allocated territories.	 	 	 	 	 	je bezogen auf das ihr zugeteilte Territorium
eine exklusive Lizenz für die Entwicklung, die
Einfuhr, die Verwendung, die Herstellung, das
Herstellenlassen, die Ausfuhr, das Angebot zum
Verkauf und den Verkauf von lizenzierten
Produkten (“Lizenzierte Produkte”) eingeräumt zu
haben.
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	2.	 	License Products pursuant to
Section 1 shall mean any product
for applications as human or
veterinary pharmaceuticals covered
by:	 	 	2.	 	 	Als Lizenzierte Produkte im Sinne von Ziffer
1 gelten alle Produkte für die Anwendung als
human- oder veterinärmedizinische, und die
erfasst sind von:
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	 a)
	 	any patent or patent
application owned by SAG
as of the date of this
Declaration, including,
without limitation, the
patents and patent
applications listed in
Annex 2, which relate to
the prostone compound;
	 	 	 	 	 	a)
	 	sämtlichen Patenten oder Patentanmeldungen,
die im Zeitpunkt dieser Lizenzerklärung im
Eigentum der SAG stehen, darin insbesondere
eingeschlossen die Patente und Patentanmeldungen
gemäss Anlage 2, die sich auf die Substanz
“Prostone” beziehen;
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	b)
	 	any license right SAG
has acquired (with right
of sublicense) as of the
date of this Declaration
which relate to the
prostone compound;
	 	 	 	 	 	b)
	 	sämtlichen Lizenzrechten (inkl. Rechte zur
Unterlizenzierung), die SAG bis zum Datum dieser
Lizenzerklärung erworben hat und die sich auf
die Substanz “Prostone" beziehen;
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	c)
	 	any future patent or
patent application
derived from inventions
that are acquired, made,
created, developed,
conceived or reduced to
practice by SAG and which
are relating to the
prostone compound and/or
the patents and patent
applications as referred
to in Sections 2a) und
2b) hereof;
	 	 	 	 	 	c)
	 	sämtlichen zukünftigen Patenten oder
Patentanmeldungen aus Erfindungen, die durch SAG
erworben, gemacht, entwickelt, weiterentwickelt,
erdacht oder in die Praxis umgesetzt werden, und
die sich auf die Substanz “Prostone” und/oder
die in Ziffern 2a) und 2b) genannten Patente,
Patentanmeldungen oder Lizenzrechte beziehen,
und






2









 





	 	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	 d)
	 	any technical
information, data, trade
secrets and know-how
acquired, made, created,
developed, conceived or
reduced to practice by
SAG which relate to the
patents, patent
applications, or licensed
rights referred to in
Sections 2a), 2b) and 2c)
hereof.
	 	 	 	 	 	d)
	 	sämtlichen technischen Informationen, Daten,
Geschäftsgeheimnissen und Erfahrungswissen
(Know-how), die durch SAG erworben, gemacht,
entwickelt, weiterentwickelt, erdacht oder in
die Praxis umgesetzt werden, und die sich auf
die in den Ziffern 2a), 2b) und 2c) genannten
Patente, Patentanmeldungen und Lizenzrechte
beziehen.
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	3.	 	The exclusive rights granted in
Sections 1 and 2 comprise the right
to grant sublicenses, for each of
SPI, SPL, and SPE within their
allocated territories.	 	 	3.	 	 	Die hiervor unter den Ziffern 1 und 2
eingeräumten Exklusivrechte umfassen auch das
Recht der SPI, SPL und SPE, innerhalb des ihnen
jeweils zugeteilten Territoriums Unterlizenzen
zu erteilen.
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	4.	 	SAG agreed with SPI, SPL, and
SPE that, in the event of
bankruptcy by SAG, to the extent
possible under the applicable law,
the exclusive rights in accordance
with Sections 1 to 3 and the
reciprocal obligations of SPI, SPL,
and SPE to make royalty and
milestone payments shall remain in
full force and effect and shall be
binding on the administrator and
SAG’s estate and shall vest in any
assignee or successor in interest
of SAG and its business or of SAG’s
rights and obligations under the
Agreement. For the purpose of this
Declaration, bankruptcy means, with
respect to SAG, a bankruptcy, a
composition or any other
enforcement action in accordance
with the Swiss Federal Code on Debt
Collection and Bankruptcy of April
11, 1889, as amended from time to
time.	 	 	4.	 	 	SAG hat mit SPI, SPL und SPE verbindlich
vereinbart, dass die in den Ziffern 1 - 3
beschriebenen Rechte auch im Konkursfall der SAG
uneingeschränkt weiter bestehen sollen. Die
diesbezüglichen Verpflichtungen und Rechte von
SAG bzw. ihren Exklusivlizenznehmerinnen SPI,
SPL und SPE sollen im Konkursfall
uneingeschränkt auf die Konkursmasse der SAG
und/oder auf jeden Abtretungsgläubiger und/oder
Rechtsnachfolger von SAG übergehen. Als
Konkursfall im Sinne dieser Lizenzerklärung
gelten ein Konkurs, Nachlass oder jedes andere
gegen SAG gerichtete Vollstreckungsverfahren
gemäss den Bestimmungen des schweizerischen
Bundesgesetzes vom 11. April 1889 über
Schuldbetreibung und Konkurs (SchKG).
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	5.	 	In the event that any patent or
patent application referred to in
Sections 1 to 3 will be realized in
SAG’s bankruptcy, irrespective of
whether by a public	 	 	5.	 	 	SAG hat SPI, SPL und SPE für die gewerblichen
Schutzrechte, die die Basis der in den Ziffern 1
- 3 jeweils zugeteilten Rechte bilden, ein






3









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	auction or by
private sale, each of SPI, SPL, and
SPE shall have a pre-emption right
to acquire such patent or patent
application for its respective
Territory and on such terms and
conditions, including the purchase
price, as may be offered by any
third party bidder.	 	 	 	 	 	Vorkaufsrecht bezogen auf die jeweils zugeteilten Territorien eingeräumt. Falls im
Konkursfall ein lizenziertes Patent oder eine
Patentanmeldung verwertet wird, unabhängig
davon, ob durch eine öffentliche Auktion oder
durch freihändigen Verkauf, ist SPI, SPL
und/oder SPE dieses Vorkaufsrecht einzuräumen,
und zwar zu den gleichen Bedingungen
(einschliesslich Kaufpreis), die ein Dritter zu
erfüllen bereit ist.
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	6.	 	This Declaration forms an
integral part of the Agreement and
shall not constitute any rights or
obligations other than provided in
the Agreement. In the case of a
discrepancy between any provision
of this Declaration and any
provision of the Agreement, the
provisions of the Agreement shall
prevail.	 	 	6.	 	 	 Diese Lizenzerklärung bildet einen
integrierenden Bestandteil der Vereinbarung und
soll keine Rechte oder Pflichten begründen, die
nicht auch in der Vereinbarung vorgesehenen
sind. Bei Abweichungen oder Widersprüchen der
Bestimmungen dieser Lizenzerklärung von
Bestimmungen der Vereinbarung, gehen die
Bestimmungen der Vereinbarung vor.
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	7.	 	Annexes 1 and 2 to this
Declaration form an integral part
of this Declaration.	 	 	7.	 	 	Die Anlagen 1 und 2 zu dieser Lizenzerklärung
bilden integrierende Bestandteile dieser
Lizenzerklärung.
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	8.	 	In the case of a discrepancy
between the German version and the
English version of this
Declaration, the English version
shall prevail.	 	 	8.	 	 	 Bei Divergenzen zwischen der deutschen
Fassung dieser Lizenzerklärung und der
englischen Fassung geht die englische Fassung
vor.






4









 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	9.	 	SAG hereby authorizes SPI to
file this Declaration with the
Swiss Federal Institute of
Intellectual Property to have this
Declaration registered and/or
recorded in the Swiss patent
register.	 	 	9.	 	 	SAG bevollmächtigt SPI hiermit, diese
Lizenzerklärung beim Eidgenössischen Institut
für Geistiges Eigentum einzureichen, damit sie
im schweizerischen Patentregister eingetragen
und/oder registriert wird.
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	In addition, SAG hereby
authorizes each of SPI,
SPL, and SPE to file this
Declaration with any
national patent office
within their allocated
territories (according to
Annex 1) to have this
Declaration registered
and/or recorded in the
respective patent
register.	 	 	 	 	 	Zudem bevollmächtigt SAG die SPI, die SPL sowie
die SPE, diese Lizenzerklärung bei jedem
nationalen Patentamt in dem ihnen jeweils
zugeteilten Territorium (gemäss Anlage 1)
einzureichen, damit diese Lizenzerklärung im
entsprechenden Patentregister eingetragen
und/oder registriert wird.






	 	 	 
	Place and Date: Zurich July 4, 2006

	 	Ort und Datum: Zûrich, 4. Juli 2006
	 
	 	 
	Sucampo AG:

	 	Sucampo AG:
	 
	 	 
	/s/ Urs Burgherr
	 	 
	 

	 	 
	 
	Urs Burgherr
	 	 
	 

	 	 





5









 






	 	 	 
	ANNEX 1

	 	ANLAGE 1
	Territories allocated to SPE, SPI, and SPL

	 	An SPE, SPI und SPL zugeteilte
 Territorien
	 
	 	 
	Annex 1a): Territory of SPI

	 	Anlage 1a): Territorium von SPI
	 
	 	 
	All of the countries located in North,
Central and South America, including the
Caribbean, and their territories and
possessions, and including for avoidance
of doubt the United States of America and
all of its territories and possessions,
including but not limited to Puerto Rico,
and any other location where the FDA has
jurisdiction over pharmaceutical products
intended for human use.

	 	Alle Länder in Nord-, Zentral- und
Südamerika, einschliesslich der Karibik,
und ihre Territorien und Besitztümer, und
zur Vermeidung von Missverständnissen
einschliesslich der Vereinigten Staaten
von Amerika und aller ihrer Territorien
und Besitztümer, und insbesondere
einschliesslich Puerto Rico, und aller
anderer Orte, in welchen die US-FDA (U.S.
Food and Drug Administration) zuständig
für Humanpharmazeutika ist.
	 
	 	 
	Annex 1b): Territory of SPL

	 	Anlage 1b): Territorium von SPL
	 
	 	 
	The following countries located in Asia:

	 	Die folgenden asiatischen Länder:
	Australia; Bhutan; Brunei; Cambodia;
China (including Hong Kong); India;
Indonesia ; Japan; Korea; Laos; Malaysia;
Mongolia; Myanmar; Nepal; New Zealand;
Pakistan; Philippines; Singapore; Sri
Lanka; Taiwan; Thailand; and Viet Nam.

	 	Australien; Bhutan; Brunei; Kambodscha;
China (inklusive Hong Kong); Indien;
Indonesien; Japan; Korea; Laos; Malaysia;
Mongolei; Myanmar; Nepal; Neuseeland;
Pakistan; Philippinen; Singapur; Sri
Lanka; Taiwan; Thailand und Vietnam.
	 
	 	 
	Annex 1c): Territory of SPE

	 	Anlage 1c): Territorium von SPE
	 
	 	 
	All the remaining countries in the world
(including, without limitation
Switzerland)

	 	Alle übrigen Länder der Erde insbesondere
auch die Schweiz.






6









 






	 	 	 
	Annex 2
	 	Anlage 2
	Patents or Patent Applications owned by SAG
	 	Im Eigentum der SAG stehende Patente 
oder Patentanmeldungen






7









 






Schedule 3.1




Pre-Paid Milestone Payments




	 	 	 	 	 	 	 
	Date of	 	 	 	Payment
	Payment	 	Description of Milestone	 	Amount
	SPI
	 	 	 	 	 	 
	1/3/2001

	 	Payment for Initiation of Phase II Clinical Trial — 8811
Compound
	 	 	250,000	 
	1/3/2001

	 	Payment for 2711 Compound
	 	 	150,000	 
	1/3/2001

	 	Payment for 10-110 Compound
	 	 	150,000	 
	1/3/2001

	 	Payment for Initiation of Phase II Clinical Trial — 0211
Compound
	 	 	250,000	 
	 
	 	 	 	 	 	 
	9/17/2001

	 	Payment for 015 Compound
	 	 	100,000	 
	9/17/2001

	 	Payment for 016 Compound
	 	 	100,000	 
	9/17/2001

	 	Payment for Rescula Combination
	 	 	100,000	 
	 
	 	 	 	 	 	 
	12/21/2004

	 	5% of Upfront $20M Payment for 0211 Compound
	 	 	1,000,000	 
	4/20/2005

	 	5% of $10M Payment for CIC NDA Filing for 0211 Compound
	 	 	500,000	 
	5/24/2005

	 	5% of $20M Payment for Initiation of c-IBS for 0211 Compound
	 	 	1,000,000	 
	3/10/2006

	 	Payment for First NDA Approval of 0211 Compound
	 	 	250,000	 
	3/10/2006

	 	5% of $20M Payment for CIC NDA Approval for 0211 Compound
	 	 	1,000,000	 
	 
	 	 	 	 	 	 
	6/30/2005

	 	Option Payment for 017 Compound
	 	 	400,000	 
	 
	 	 	 	 	 	 
	3/24/2006

	 	Upfront Payment for 017 Compound
	 	 	1,100,000	 
	 
	 	 	 	 	 	 
	SPE
	 	 	 	 	 	 
	None
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	SPL
	 	 	 	 	 	 
	4/1/2004

	 	Payment for 015 Compound
	 	 	250,000