OMPI » Topics » Intellectual Property

These excerpts taken from the OMPI 10-K filed Mar 4, 2008.

Intellectual Property

        Our success depends in part on our ability to obtain and maintain proprietary protection for our product candidates, technology and know-how, to operate without infringing the proprietary rights of others and to prevent others from infringing our proprietary rights. Our policy is to seek to protect our proprietary position by, among other methods, filing United States and foreign patent applications related to our proprietary technology, inventions and improvements that are important to the development of our business. We also rely on trade secrets, know-how, continuing technological innovation and in-licensing opportunities to develop and maintain our proprietary position.

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        We have pursued an aggressive trademark registration policy as a means to achieve brand recognition and product differentiation in the market. We own various U.S. and foreign trademark registrations and applications and common law marks. In connection with developing new products and product applications, we have filed 39 U.S. provisional and non-provisional patent applications since 2004. We do not own any issued patents with claims covering any of our Obagi Nu-Derm products.

        We have also licensed certain patent applications owned by JR covering our ELASTIderm and CLENZIderm systems. We have relied on services provided by JR in the development of new products to address acne and skin elasticity products, under a five-year contract that expires in 2010. We also have licensed the rights to four patents owned by Avon Products, Inc. ("Avon"), one of which expires in 2008 while the remaining three expire between 2013 and 2018, covering methods and formulations for stabilizing Vitamin C in a serum for facial skin benefits, which is in our Obagi-C Rx C-Clarifying serum, Professional-C 5% serum, Professional-C 10% serum, Professional-C 15% serum and Professional-C 20% serum. We entered into the license with Avon in June 2003, for an initial three-year term, and the license is renewed year to year thereafter, at our option, through the life of the last patent to expire.

        We have acquired rights to market, distribute, sell and, in some cases, make products pursuant to license agreements with third parties. Such agreements contain provisions which require us to meet requirements under these agreements, such as payment or royalty obligations, in order to maintain the rights granted under the agreements.

        Below is a table that includes the patents we license that are material to our business as of December 31, 2007:

Patent title

  Country in which patent is issued
  Licensor
  Expiration date of patent/license
Cosmetic Preparation Incorporating Stabilized Ascorbic Acid   United States   Avon   January 8, 2008

Use of Ascorbic Acid to Reduce Irritation of Topically Applied Active Ingredients

 

United States

 

Avon

 

May 14, 2013

Ascorbic Acid Compositions for Reducing Irritation of Topically Applied Active Ingredients

 

United States

 

Avon

 

April 26, 2013

Stable Ascorbic Acid Preparation for Topical Use

 

United States

 

Avon

 

September 10, 2018

Intellectual Property



        Our success depends in part on our ability to obtain and maintain proprietary protection for our product candidates, technology and know-how, to
operate without infringing the proprietary rights of others and to prevent others from infringing our proprietary rights. Our policy is to seek to protect our proprietary position by, among other
methods, filing United States and foreign patent applications related to our proprietary technology, inventions and improvements that are important to the development of our business. We also rely on
trade secrets, know-how, continuing technological innovation and in-licensing opportunities to develop and maintain our proprietary position.



21









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        We have pursued an aggressive trademark registration policy as a means to achieve brand recognition and product differentiation in the market. We own various U.S. and foreign trademark
registrations and applications and common law marks. In connection with developing new products and product applications, we have filed 39 U.S. provisional and non-provisional patent
applications since 2004. We do not own any issued patents with claims covering any of our Obagi Nu-Derm products.



        We
have also licensed certain patent applications owned by JR covering our ELASTIderm and CLENZIderm systems. We have relied on services provided by JR in the development of new products
to address acne and skin elasticity products, under a five-year contract that expires in 2010. We also have licensed the rights to four patents owned by Avon Products, Inc.
("Avon"), one of which expires in 2008 while the remaining three expire between 2013 and 2018, covering methods and formulations for stabilizing Vitamin C in a serum for facial skin benefits, which is
in our Obagi-C Rx C-Clarifying serum, Professional-C 5% serum, Professional-C 10% serum, Professional-C 15% serum and
Professional-C 20% serum. We entered into the license with Avon in June 2003, for an initial three-year term, and the license is renewed year to year thereafter, at our option,
through the life of the last patent to expire.



        We
have acquired rights to market, distribute, sell and, in some cases, make products pursuant to license agreements with third parties. Such agreements contain provisions which require
us to meet requirements under these agreements, such as payment or royalty obligations, in order to maintain the rights granted under the agreements.




        Below
is a table that includes the patents we license that are material to our business as of December 31, 2007:


















































Patent title

 Country in which patent is issued
 Licensor
 Expiration date of patent/license
Cosmetic Preparation Incorporating Stabilized Ascorbic Acid United States Avon January 8, 2008


Use of Ascorbic Acid to Reduce Irritation of Topically Applied Active Ingredients

 


United States

 


Avon

 


May 14, 2013


Ascorbic Acid Compositions for Reducing Irritation of Topically Applied Active Ingredients

 


United States

 


Avon

 


April 26, 2013


Stable Ascorbic Acid Preparation for Topical Use

 


United States

 


Avon

 


September 10, 2018




This excerpt taken from the OMPI 10-K filed Mar 15, 2007.

Intellectual property

Our success depends in part on our ability to obtain and maintain proprietary protection for our product candidates, technology and know-how, to operate without infringing the proprietary rights of others and to prevent others from infringing our proprietary rights. Our policy is to seek to protect our proprietary position by, among other methods, filing United States and foreign patent applications related to our proprietary technology, inventions and improvements that are important to the development of our business. We also rely on trade secrets, know-how, continuing technological innovation and in-licensing opportunities to develop and maintain our proprietary position.

We have pursued an aggressive trademark registration policy as a means to achieve brand recognition and product differentiation in the market. We own various U.S. and foreign trademark registrations and applications and common law marks. In connection with developing new products and product applications, we have filed more than 37 U.S. provisional and non-provisional patent applications. We do not own any issued patents with claims covering any of our Obagi Nu-Derm products.

We have also licensed certain patent applications owned by JR Chem LLC. We have relied on services provided by JR Chem LLC in the development of new products to address acne and skin elasticity products, under a five-year contract. We also have licensed the rights to four patents owned by Avon Products, Inc., one of which expires in 2008 while the remaining three expire between 2013 and 2018, covering methods and formulations for stabilizing Vitamin C in a serum for facial skin benefits, which is in our Obagi-C Rx C-Clarifying serum, Professional-C 5% serum and Professional-C 10% serum. We entered into the license in June 2003, for an initial three-year term, and the license is renewed year to year thereafter, at our option, through the life of the last patent to expire.

We have acquired rights to market, distribute, sell and, in some cases, make products pursuant to license agreements with third parties. Such agreements contain provisions which require us to meet requirements under these agreements, such as payment or royalty obligations, in order to maintain the rights granted under the agreements.

Below is a table that includes the patents we license that are material to our business as of December 31, 2006:

Patent title

 

Country in which
patent is issued

 

Licensor

 

Expiration date of
patent/license

Cosmetic Preparation Incorporating Stabilized Ascorbic Acid

 

United States

 

Avon

 

January 8, 2008

Use of Ascorbic Acid to Reduce Irritation of Topically Applied Active Ingredients

 

United States

 

Avon

 

May 14, 2013

Ascorbic Acid Compositions for Reducing Irritation of Topically Applied Active Ingredients

 

United States

 

Avon

 

April 26, 2013

Stable Ascorbic Acid Preparation for Topical Use

 

United States

 

Avon

 

September 10, 2018

 

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