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Biomedical Photoacoustic Imaging - Patent Landscape - 2015
© 2015
Copyrights © Knowmade SARL. All rights reserved.
Biomedical Photoacoustic
Imaging Patent Landscape
Patent and Scientific Information
University of Texas
University of Arizona
ENDRA Life Sciences
VisualSonics
Seno Medical Instruments
Canon
Volcano
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 2
Copyrights © Knowmade SARL. All rights reserved.
Table of Contents
Introduction 3
Authors 4
Scope of the Report 5
Key Features of the Report 6
Objectives of the Report 8
Terminology for Patent Analysis 9
Methodology 12
Patent Search Strategy 14
Assignees Mentioned in this Report 15
Executive Summary 21
Photoacoustic Imaging Patent Landscape Overview 29
Time Evolution of Patent Publications 30
Countries of Patent Filings 31
Time Evolution by Country of Filing 32
Current Legal Status of Patents 33
Main Industrial Patent Applicants Ranking 34
Main Academic Patent Applicants Ranking 35
Time Evolution of Patent Applicants 36
Countries of Filing for Main Patent Applicants 37
Mapping of Main Current IP Holders 38
Mapping of Main Current IP Applicants 39
Main IPC Classes 40
Time Evolution by IPC 41
Matrix Applicants / Main IPC 42
Patented Technology by Products 43
Patented Technology by Applications 44
Summary of Applicant’s Patent Portfolio 45
Leadership of Patent Applicants 47
Degree of Specialization in Photoacoustic imaging 49
Impact Factor of Patent Portfolios 50
IP Blocking Potential of Applicants 52
Patent Applicant IP Network 53
Key Patent Families 54
Granted Patents Near Expiration 57
Potential Future Plaintiffs 58
Summary of Key Players 59
Canon 60
Fujifilm 62
Fujifilm VisualSonics 64
Seno Medical Instruments 65
Philips 68
Volcano 70
Covidien 72
Mallinckrodt Pharmaceuticals 74
Samsung 76
ENDRA Life Sciences 78
TomoWave Laboratories 80
National Institutes of Health 82
University of Texas 84
Helmholtz Zentrum München 86
South China Normal University 88
Jiangxi Sciences & Technic Normal University 90
Shenzhen Institute of Advanced Technology 92
Conclusions 94
Annexes 100
Methodology for Key Patent Identification 101
KNOWMADE Company presentation 103
Contact 111
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 3
Copyrights © Knowmade SARL. All rights reserved.
Authors
KnowMade is specialized in analysis of patents and scientific research findings. We provide patent search,
IP landscape, patent valuation, IP due diligence, freedom to operate search, scientific literature landscape,
identification of technologies available for transfer/licensing/sale, alerts and updates. Our service offer
consists of custom studies, analysis reports, on-demand tracking and strategy consulting. KnowMade
combines information search services, scientific expertise, powerful analytics and visualization tools, and
proprietary methodologies for analyzing patents and scientific information. With a solid focus on
Microelectronics, Nanotechnology and Biotechnology, KnowMade supports research laboratories, industrial
companies and investors in their business development.
Dr. Brice Sagot
COO and co-founder of Knowmade. He
leads the Biotechnology and Life
Sciences department. He holds a PhD
in Molecular Biology from the University
of Nice Sophia-Antipolis, France.
Contact: [email protected]
Dr. Coralie Le Greneur
Coralie works for Knowmade in the field of
Biotechnology and Life Sciences. She
holds a PhD in Molecular Biology from the
University of Nice Sophia-Antipolis
(France). She also holds the International
Industrial Studies Diploma in Patents from
the CEIPI, Strasbourg (France).
Contact: [email protected]
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 4
Copyrights © Knowmade SARL. All rights reserved.
Scope of the Report
This report provides a detailed picture of the patent landscape for photoacoustic imaging in the biomedical domain.
Only patents related to photo- or thermo-acoustic imaging were considered. This report does not include patents
related to spectroscopy, blood-sugar detection or other medical imaging technique. This report covers patents
published worldwide up to January 2015. More than 900 patent families relevant to the scope of this report have
been selected.
Included
in the study
Not included
in the study
University of Texas
Canon
Seno Medical Instruments
Mallinckrodt
Fujifilm VisualSonics
General Electric Philips
PanasonicCanon
Hitachi Medical
Blood-sugar detection,
analytes detection,…
Spectroscopy,… X-rays
MRI
Ultrasound and X-raysPhotoacoustic systems
Contrast agents, dyes
Photoacoustic devices
Photoacoustic devicesProbes, catheters, endoscopes,…
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 5
Copyrights © Knowmade SARL. All rights reserved.
Key Features of the Report (1/2)
• The report provides essential patent data for photoacoustic imaging.
• It identifies more than 15+ major holders of photoacoustic imaging related intellectual property. It
provides in-depth IP analysis and industrial key players including:
– Time evolution of patent publications and countries of patent filings.
– Current legal status of patents.
– Ranking of main patent applicants.
– Joint developments and IP collaboration network of main patent applicants.
– Key patents.
– Granted patents near expiration.
– Relative strength of main companies IP portfolio.
– Overview of patent litigations.
– Matrix applicants/technology issues for more than 15 companies.
• The “photoacoustic imaging IP” profiles of 15+ major companies is presented, with key patents,
technological issues, litigations, licenses, partnerships, and IP strength and strategy.
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 6
Copyrights © Knowmade SARL. All rights reserved.
Key Features of the Report (2/2)
• The report also provides an extensive Excel database with all patents analyzed in the report.
• This database allows multi-criteria searches:
Patent information
- Patent publication number
- Hyperlinks to the original documents
- Priority date
- Title
- Abstract
- Patent Assignees
- Legal status for each member of the patent family
• This report does not provide any insight analyses or counsel regarding legal aspects or the validity of any
individual patent: KnowMade is research firm that provide market and technical analysis and opinions. The
research, technical analysis and/or work contained herein is not a legal opinion and should not be construed as
such.
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 7
Copyrights © Knowmade SARL. All rights reserved.
Objectives of the Report
Objectives of this patent landscape is to:
Understand the IP landscape for biomedical photoacoustic imaging.
Identify key patents.
Understand trends in biomedical photoacoustic imaging IP.
Identify the major IP players in biomedical photoacoustic imaging and the relative strength of their patent
portfolio.
Identify new IP players in biomedical photoacoustic imaging.
Identify IP collaboration networks between key players.
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 8
Copyrights © Knowmade SARL. All rights reserved.
•The data were extracted from the FamPat worldwide database (Questel-ORBIT) which provides 90+ million patent documents from 95
offices.
•The patents search was performed in January 2015, hence patents published after this date will not be available in this report.
•The patent selection was done manually.
•The statistical analysis was performed with Questel Orbit IP Business Intelligence software.
•The patents were manually categorized using keyword analysis of patent title, abstract and claims, in conjunction with expert review of
the subject-matter of inventions.
•The patents were organized according to FamPat’s family rules (variation of EPO strict family): A Patent Family comprises patents
linked by exactly same priority numbers (strict family), plus comparison of priority and application numbers, specific rules by country and
information gathered from other sources (national files, legal status …).
Disclaimer: KnowMade are research firms that provides technical analysis and technical opinions. The research, technical analysis
and/or work contained herein is not a legal opinion and should not be construed as such.
Methodology (1/2)
Number of selected patent families for the photoacoustic imaging IP Investigation:
921 over a number of returned results > 5,000
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 9
Copyrights © Knowmade SARL. All rights reserved.
Methodology (2/2)
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 10
Copyrights © Knowmade SARL. All rights reserved.
Patent Search Strategy
• + Truncation replacing any number of characters
• ? Truncation replacing zero or one character
• # Truncation replacing one character
• _ Truncation for word that may have a space (ex: semiconductor, semi conductor)
• OR Finds references containing at least one of the words
• AND Finds references containing all words
• S Finds references containing the terms in the same sentence
• nD Finds references containing adjacent terms, regardless of the order, and may be
separated by a maximum of n words
• nW Finds references containing adjacent terms, in the order specified, and
may be separated by a maximum of n words
• ( ) Parentheses are necessary to combine different operators
• /TI/OTI Search in Title
• /BI Search in Title and Abstract
• /CLMS Search in Claims
• /DESC/ODES Search in Description
• /PA.FLD Search in Patent Assignees
• /IC Search in International Patent Classification (IPC)
STEP SEARCH EQUATION RESULT
Patents related to photoacoustic imaging
Step-1((XXX+ OR XXX+ OR XXX+ OR XXX OR XXX+)/BI/CLMS AND (XXX+ OR XXX+ OR XXX+ OR XXX+ OR XXX+ OR XXX+)/BI/CLMS AND XXX+/IC
> 1,500
Key firms Step-2(XXX OR XXX OR XXX OR XXX OR XXX OR XXX OR XXX OR XXX OR XXX OR XXX OR XXX OR XXX ORXXX)/PA.FLD
> 570,000
Citing and cited patents
Step-3 CITING AND CITED PATENTS OF SELECTED PATENTS FROM STEP-1 AND STEP-2 > 4,000
Manual selection Step-4 Selected patent families 921
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 11
Copyrights © Knowmade SARL. All rights reserved.
Assignees Mentioned in this Report
CANON, FUJIFILM, SONOSITE, VISUALSONICS, SENO MEDICAL INSTRUMENTS, PHILIPS,
VOLCANO, COVIDIEN, MALLINCKRODT PHARMACEUTICALS, SAMSUNG ELECTRONICS,
SAMSUNG MEDISON, INTELLIDX (GLUCON), OPTOSONICS, ENDRA LIFE SCIENCES,
TOMOWAVE LABORATORIES
NATIONAL INSTITUTES OF HEALTH, SOUTH CHINA NORMAL UNIVERSITY, UNIVERSITY OF
TEXAS, HELMHOLTZ ZENTRUM MUENCHEN, JIANGXI NORMAL UNIVERSITY SCIENTIFIC
TECHNOLOGY, SHENZHEN INSTITUTE OF ADVANCED TECH. (CAS), LELAND STANFORD
JUNIOR UNIVERSITY, NANJING UNIVERSITY OF TECHNOLOGY, UNIVERSITY OF FLORIDA,
INSTITUTE OF AUTOMATION (CAS), WASHINGTON UNIVERSITY IN ST. LOUIS
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 12
Copyrights © Knowmade SARL. All rights reserved.
Time Evolution of Patent Publications
Note: The patent search was done in January 2015, the data corresponding to the year 2015 are not represented here. At the time of the patent
search, 7 patent families had been published in January 2015.
In 1982, the 1st patent disclosing an imaging system using photoacoustic approach was published by COMPANY XXX (WOxxxxxxx).
The 2nd patent application was published almost 10 years later, in 1991. The number of new patent publications then slowly increased
from 1997 to 2009. However, a take off is observed since 2010/2011 : the applications made between 2010 and 2014 represent over
80% of all applications in the domain. This recent take off is partly due to a great increase of the number of new applications made by
COMPANY XXX, as well as COMPANY XXX. By January 2015, more than 900 patent families related to biomedical photoacoustic
imaging have been published.
Photoacoustic Imaging Patent Publications
0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 4 3 3 5 92
10 10 12 1724 20
31
66
88
140
230238
0
50
100
150
200
250
No
. of
Pat
ent
Fam
ilie
s
Earliest publication year of each patent family
Knowmade 2015
Radiation…
XXX
WOxxxxxxx
Optical acoustic…
XXX
JPHxxxxxxxx
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 13
Copyrights © Knowmade SARL. All rights reserved.
Time Evolution of Patent Applicants
Dates are defined from the
earliest publication date for
each patent family. Bubble
size represents the
number of published
patent families. The data
corresponding to the year
2014 may not be complete
since the patent search
was done early July 2014.
1st publication year
From 1982 and the publication of the 1st patent in the domain, innovation in the photoacoustic imaging technologies have been slow and
only really took off in the late 90s. Both industries and universities filed applications from the beginning. Lately COMPANY XXX has
significantly increased its patenting activity in the domain. COMPANY XXX has also filed more applications in 2012 and 2013. To a lesser
extent, American companies COMPANY XXX and COMPANY XXX have shown an interest in the photoacoustic imaging technology in the
last couple of years. Nowadays, if academic applicants are still filling new applications, industrial applicants are getting the upper hand
and this should increase with the commercialization of new devices.
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 14
Copyrights © Knowmade SARL. All rights reserved.
Mapping of Main Current IP Holders
Number of patent families
containing granted patents in
the corresponding country.
US PATENTS
COMPANY XXX 23
COMPANY XXX 9
COMPANY XXX 8
COMPANY XXX 5
COMPANY XXX 4
COMPANY XXX 3
COMPANY XXX 3
COMPANY XXX 2
COMPANY XXX 2
COMPANY XXX 2
COMPANY XXX 2
EP PATENTS
COMPANY XXX 5
COMPANY XXX 4
COMPANY XXX 3
COMPANY XXX 3
COMPANY XXX 2
COMPANY XXX 2
JP PATENTS
COMPANY XXX 66
COMPANY XXX 22
COMPANY XXX 3
COMPANY XXX 1
COMPANY XXX 1
COMPANY XXX 1
CN PATENTS
COMPANY XXX 21
COMPANY XXX 13
COMPANY XXX 7
COMPANY XXX 5
COMPANY XXX 2
COMPANY XXX 2
The company XXX is the main current IP holder in the USA, China and in Japan, where the company holds most of its granted patents
(66 granted patents). Its compatriot COMPANY XXX is the 2nd current IP holder in Japan with 22 granted patents. However, despite
having the 2nd largest portfolio, COMPANY XXX is only significantly present in Japan in term of granted patents. In China, among the 6
main current IP holders, 4 are Chinese universities. In the USA, COMPANY XXX and COMPANY XXX, both academic applicants, are
2nd and 3rd current IP holders behind COMPANY XXX. In Europe, the main current IP holder is the Irish COMPANY XXX (5 granted
patents), before COMPANY XXX, COMPANY XXX and COMPANY XXX.
Knowmade 2015
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 15
Copyrights © Knowmade SARL. All rights reserved.
Patented Technology by Products
Portfolio Contrast agentsDevices & Apparatus
All Devices Handheld Probes Catheters
TOTAL 921 xx xx 49 xx
COMPANY XXX 278 31 xx 4 xx
COMPANY XXX xx 4 xx 15 3
COMPANY XXX xx 6 xx xx xx
COMPANY XXX 27 7 16 xx 5
COMPANY XXX xx xx xx xx 14
COMPANY XXX xx xx 12 xx 3
COMPANY XXX 20 xx 16 xx xx
COMPANY XXX xx 9 6 1 2
COMPANY XXX xx 1 1 xx 1
COMPANY XXX xx 3 xx xx 1
COMPANY XXX xx 13 xx xx xx
COMPANY XXX 11 xx 6 xx xx
COMPANY XXX 11 3 xx 2 xx
COMPANY XXX 11 1 7 3 xx
Patents have been manually categorized based on review of title, abstract, claims and description. Note that a patent can be found in several categories.
Patents related to photoacoustic imaging address different technology issues. The most addressed issues concern imaging means and 2 main
categories can be highlighted : contrast agents and devices. Indeed, even if the photoacoustic imaging technology doesn’t require dyes or contrast
agents, molecules are still designed in order to enhanced contrast and get a better image. COMPANY XXX, COMPANY XXX and COMPANY XXX
are the most active in this technology. COMPANY XXX is a pharmaceutical company and its photoacoustic imaging patent portfolio is dedicated to
contrast agents. Many devices are claims by applicants in their patent portfolios (653 families out of 921). COMPANY XXX and COMPANY XXX
dedicate an important part of their portfolios to devices and apparatus, as well as most of the main patent applicants. Among the various devices,
handheld probes and catheters are especially developed. COMPANY XXX is particularly focused on handheld probes, while COMPANY XXX
concentrates on developing catheter associated with photoacoustic imaging.
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 16
Copyrights © Knowmade SARL. All rights reserved.
Patented Technology by Applications
PortfolioCancers & Tumors Vascular
PathologiesAll Types Breast Prostate
TOTAL 921 130 xx xx 124
COMPANY XXX 278 xx 6 xx 5
COMPANY XXX xx xx 1 xx xx
COMPANY XXX xx 5 3 1 1
COMPANY XXX 27 4 1 1 xx
COMPANY XXX xx xx xx xx xx
COMPANY XXX xx xx 3 1 6
COMPANY XXX 20 4 3 xx xx
COMPANY XXX xx xx 4 3 8
COMPANY XXX xx xx xx xx 6
COMPANY XXX xx 3 xx xx 3
COMPANY XXX xx 12 xx xx xx
COMPANY XXX 11 8 xx xx xx
COMPANY XXX 11 xx xx xx xx
COMPANY XXX 11 xx xx xx xx
Patents have been manually categorized based on review of title, abstract, claims and description. Note that a patent can be found in several categories.
Different applications are also claimed by applicants in the domain of photoacoustic imaging. Photoacoustic imaging is a biomedical technology
and the most targeted applications are the diagnosis and treatment of cancers and vascular pathologies (blood vessel damages, cardiac
pathologies, vascular brain damages,…). Those applications represent respectively 130 and 124 patent families of the whole photoacoustic
imaging domain. COMPANY XXX, COMPANY XXX and COMPANY XXX are the most active in the cancer domain among the main applicants.
The most targeted cancers are breast and prostate cancers. In cancer applications, patents disclose imaging means but also therapeutic agents.
Those agents are coupled with a dye or a contrast agent. Photoacoustic also allows a good imaging of blood vessels either via external means or
intravascular means and thus the technology is suitable for studying various vascular pathologies. Among the main applicants, COMPANY XXX,
COMPANY XXX, COMPANY XXX and COMPANY XXX own the most patent families in this particular domain. In vascular pathologies,
photoacoustic is used to get an image of the pathology and/or to perform live imaging during biopsy or surgery.
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 17
Copyrights © Knowmade SARL. All rights reserved.
Summary of Applicant’s Patent Portfolio (1/2)
Patent ApplicantsNo. of patent
families
Oldest priority date of the
portfolio
No. of families filed / yr(average)
No. of patent
documents
No. of patents /
Family(average)
Patent average
age(yr)
%granted
% pending
% dead(revoked
lapsedexpired)
No. of alive patents /
Family (granted, pending)
No. of granted family patents by country
US EP JP CN
COMPANY XXX 278 20xx xx xx xx 2 xx% xx% xx% 3,1 23 xx 66 xx
COMPANY XXX xx 20xx 13 xx 2,7 xx 7% xx% xx% xx 1 xx 22 xx
COMPANY XXX xx 1996 xx 138 xx xx xx% xx% xx% 3,4 xx 2 xx xx
COMPANY XXX 27 20xx xx xx xx 4 xx% xx% xx% 4,9 5 xx xx 5
COMPANY XXX xx 2011 xx 52 xx xx 8% 88% 4% 1,9 2 xx xx xx
COMPANY XXX xx 19xx xx xx 1 5 xx% xx% xx% xx 9 xx xx xx
COMPANY XXX 20 20xx xx xx 1 xx 65% xx% xx% 0,8 xx xx xx 13
COMPANY XXX xx 1996 1 xx 4,7 xx xx% xx% xx% 2,8 xx 2 xx xx
COMPANY XXX xx 20xx xx 31 xx 1 xx% xx% xx% xx 3 xx xx xx
COMPANY XXX xx 20xx xx 136 9,7 xx xx% xx% xx% 5,1 xx xx 1 xx
COMPANY XXX xx 19xx 1 xx 19,2 12 10% 2% 88% 2,2 xx 5 xx xx
COMPANY XXX 11 20xx xx 11 1 xx xx% xx% xx% xx xx xx xx 7
COMPANY XXX 11 2011 xx 39 xx <1 xx% xx% xx% xx 1 1 xx xx
COMPANY XXX 11 2011 xx xx xx 1 xx% xx% xx% xx xx xx xx 2
Knowmade 2015
highest value in column
lowest value in column
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 18
Copyrights © Knowmade SARL. All rights reserved.
Summary of Applicant’s Patent Portfolio (2/2)
Globally, the activity of the main applicants in the photoacoustic imaging domain is quite recent and the portfolio of
almost all of them is composed of more pending patents than granted patents, indicating a current general interest
for the photoacoustic imaging technology.
Two companies, COMPANY XXX and especially COMPANY XXX, stand out by the size of their portfolio.
COMPANY XXX filed its first application in 20xx but the company already owns a very high number of patent
families which are composed of many patent documents. In average, COMPANY XXX filed xx patent families per
year since 20xx. The company already holds granted patents in several countries, especially in Japan, the USA and
China. Taking into account the number of pending patents the company filed across the world, the size of
COMPANY XXX’s granted portfolio should increase greatly in the coming years. To a lesser extent, COMPANY
XXX is showing the same profile.
COMPANY XXX holds one of the oldest portfolio in the photoacoustic imaging technology (oldest priority date :
19xx, average age of patents : 12 years). The pharmaceutical company owns xx patent documents split in xx
families, which gives COMPANY XXX the highest average of patents per family (19,2), revealing a worldwide IP
strategy. However, many of those patents are dead (88%) and the company has the lowest level of pending patents
(2%). COMPANY XXX has reduced its activity in the photoacoustic imaging domain, the company hasn’t made any
new application in the field since 20xx.
The American company COMPANY XXX started its patent activity in the photoacoustic imaging field in 2011 and
already owns xx patent families composed of 52 patent documents, the company is ranked 5th of the main
applicants. COMPANY XXX also shows the highest ratio of pending patents in a portfolio (88%). Noteworthy,
COMPANY XXX was acquired by COMPANY XXX (xth of the main applicants) in February 2015 for $1,2 billion.
The Chinese COMPANY XXX and COMPANY XXX have the highest level of granted patents (65% and xx%
respectively), but all applications were only filed in China. Among academic applicants, the German COMPANY
XXX has the most international strategy with granted and/or pending patents in many countries, especially Europe,
USA, Japan and China.
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 19
Copyrights © Knowmade SARL. All rights reserved.
-50
0
50
100
150
200
-50 50 150 250 350 450 550 650 750
Leadership of Patent Applicants (1/2)
Patenting Activity
Pa
ten
t R
igh
ts R
ein
forc
em
en
t
Bubble size represents the
number of patent families
selected for the study
See following slide
Knowmade 2015
Nu
mb
er
of
Gra
nte
d P
ate
nts
Number of Pending Patents
COMPANY XXX
COMPANY XXX really stands out as the leader of patent applicants. COMPANY XXX is the main IP holder (patent rights
reinforcement) and also the main current applicant (patenting activity) giving the company a very strong and significant leadership in
term of patents in the photoacoustic imaging domain. COMPANY XXX also has a significant leadership, expanding greatly its portfolio
with many new applications (strong patenting activity with xx patents currently pending). The leadership status of the other main
applicants is analyzed in the following slide in a zoom in chart (dotted frame).
COMPANY XXX
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 20
Copyrights © Knowmade SARL. All rights reserved.
-10
0
10
20
30
40
50
-20 0 20 40 60 80 100 120 140 160 180 200 220 240 260
Leadership of Patent Applicants (2/2)
Bubble size represents the
number of patent families
selected for the study
Knowmade 2015
Patenting Activity
Pa
ten
t R
igh
ts R
ein
forc
em
en
t
Nu
mb
er
of
Gra
nte
d P
ate
nts
Number of Pending Patents
COMPANY XXXCOMPANY XXXCOMPANY XXX COMPANY XXX
The companies COMPANY XXX and COMPANY XXX have a significant patenting activity associated with already granted patents
giving them a sizeable IP significance. Among the main academic applicants, COMPANY XXX and COMPANY XXX are the most
active. Thus, COMPANY XXX is showing a great superiority but the other patent applicants are also pretty active in the photoacoustic
imaging domain.
XXX
XXX
XXXXXX
XXX
XXX
XXX
XXX
XXX
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 21
Copyrights © Knowmade SARL. All rights reserved.
Degree of Specialization
in Photoacoustic Imaging
0,01
0,1
1
10
100
0% 20% 40% 60% 80% 100%Very low Low Medium High Very high
No
of
Pa
ten
t F
am
ilie
s in
the w
ho
le p
ate
nt
po
rtfo
lio
(n
orm
alize
d)
Specialization degree
Knowmade 2015
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
Specialization degree: The specialization degree of a company represents the percentage of patents filed in a specific field over the whole patent
portfolio of the company. It is an indicator of the patenting activity on a specific field.
Companies like COMPANY XXX, COMPANY XXX, COMPANY XXX or COMPANY XXX cover a wide range of technologies with their
patent portfolios and therefore have a very low specialization degree. COMPANY XXX, COMPANY XXX and COMPANY XXX have a
slightly higher specialization degree. COMPANY XXX stands out with a very high specialization degree, its portfolio is mainly dedicated
to photoacoustic imaging. COMPANY XXX is an IP pure player in photoacoustic imaging technology, working especially on imaging
probes and systems.
XXXXXX
XXX
XXX
XXX
XXX
XXXXXX
XXX
XXX
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 22
Copyrights © Knowmade SARL. All rights reserved.
Impact Factor of Patent Portfolios (1/2)
highest value in column
lowest value in column
*921 patent families are cited by the whole of the 1,773 patent families, thus corresponding to an average of 1,93 citing patent families per patentfamily. A relative impact factor of 1 indicates that the portfolio is in the average range of citations. A relative factor of 2 indicates that the portfoliohas two times more citations than the average, while a relative impact factor of 0.5 indicates that the portfolio is half that of the average.
A B C D E
Patent ApplicantsNo. of patent
families No. of citing patent families
(excluding self-citations)
No. of citing patent families / patent family
= B/A
Relative Impact Factor of the patent
families
= C /1,93 *
Strength index of the patent
portfolio
= A x D
COMPANY XXX 278 xx xx xx 55,4
COMPANY XXX xx 29 xx xx xx
COMPANY XXX xx xx 5,5 2,8 xx
COMPANY XXX 27 xx xx xx xx
COMPANY XXX xx xx 0,2 0,1 xx
COMPANY XXX xx 247 xx xx 128
COMPANY XXX 20 xx xx xx xx
COMPANY XXX xx xx 12,2 6,3 xx
COMPANY XXX xx xx 0,2 0,1 1,6
COMPANY XXX xx 25 xx xx 13
COMPANY XXX xx xx 12,2 6,3 xx
COMPANY XXX 11 xx xx xx xx
COMPANY XXX 11 0 0 0 0
COMPANY XXX 11 0 0 0 0
Knowmade 2015
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 23
Copyrights © Knowmade SARL. All rights reserved.
Patent Applicant IP Network
Number in black on each link between applicants is the number of co-assigned patent families in the data set of the study.
Number up right to each bubble is the number of patent families for this applicant in the data set of the study.
Bubble size is proportional to the number of patent families selected for the study.
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 24
Copyrights © Knowmade SARL. All rights reserved.
Key Patent Families (1/2)
The selection of key patent families is based on the family size, current legal status of patents, citations analysis and impact on the technological segment. See annexes for methodology for key patent
identification. Patent numbers correspond to representative member of the families, assignee names take into account original applicants and reassignments.
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 20141982
COMPANY XXX
WOxxxxxxx
Laser opto-acoustic …
COMPANY XXX
WOxxxxxxx
Radiation…
COMPANY XXX
USxxxxxxx
Photoacoustic…
COMPANY XXX
Woxxxxxxx
Light imaging…
COMPANY XXX
WOxxxxxxx
Optoacoustic contrast agents
…
COMPANY XXX
WOxxxxxxxxx
Real time…
COMPANY XXX
Usxxxxxxx
High resolution device …
COMPANY XXX
Usxxxxxxx
Tunable indocyanine …
COMPANY XXX
USxxxxxxxxxxx
Sentinel lymph node
detecting…
COMPANY XXX
CAxxxxxxx
Method and apparatus
for …
COMPANY XXX
WOxxxxxxxxxx
Timing controller …
COMPANY XXX
USxxxxxxxxxxx
Systems and methods …
COMPANY XXX
WOxxxxxxxxx
High contrast… COMPANY XXX
Usxxxxxxxxxxx
Photoacoustic
apparatus…
COMPANY XXX
WOxxxxxxxxx
Opto-acoustic imaging …
COMPANY XXX
WOxxxxxxxxxx
Biological information …
COMPANY XXX
WOxxxxxxxxxx
Photoacoustic …
COMPANY XXX
USxxxxxxxxxx
Dual modality imaging…
COMPANY XXX
US2014275951Guidewire…
COMPANY XXX
WOxxxxxxxxxx
A photoacoustic …
COMPANY XXX
USxxxxxxxxxx
Laser Optoacoustic …
COMPANY XXX
Usxxxxxxxxxx
Extended interior …
COMPANY XXX
WOxxxxxxxxxxPhoto-acoustic signal …
COMPANY XXXWO2009154244
Photoacoustic…
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 25
Copyrights © Knowmade SARL. All rights reserved.
Granted Patents Near Expiration (1/2)
Assignee TitlePublication
NumberPDF
Expected
Expiration
Date *
COMPANY XXX Time-resolved… USxxxxxxx Open 2016-01-31
COMPANY XXX Real time.. USxxxxxxx Open 2016-01-31
COMPANY XXX Optoacoustic imaging… USxxxxxxx Open 2016-01-31
COMPANY XXX Photoacoustic… USxxxxxxx Open 2016-10-04
COMPANY XXX Photoacoustic… USxxxxxxx Open 2016-10-04
COMPANY XXX Photoacoustic… CAxxxxxxx Open 2016-10-11
COMPANY XXX Laser opto-acoustic… AUxxxxxxx Open 2017-01-31
COMPANY XXX Laser opto-acoustic… EPxxxxxxx Open 2017-01-31
COMPANY XXX Opto akustische laser… DExxxxxxxx Open 2017-01-31
COMPANY XXX Laser opto-acoustic… CAxxxxxxx Open 2017-01-31
COMPANY XXX Method and system for… AUxxxxxxx Open 2017-03-21
COMPANY XXX Photoacoustic… AUxxxxxxx Open 2017-10-01
COMPANY XXX Photoacoustic… EPxxxxxxx Open 2017-10-01
COMPANY XXX Photoakustische… DExxxxxxxx Open 2017-10-01
COMPANY XXX Optical acoustic… JPxxxxxxx Open 2017-10-01
COMPANY XXX Compounds USxxxxxxx Open 2018-04-28
COMPANY XXX Light imaging… EPxxxxxxx Open 2018-04-28
COMPANY XXX Agentes de contraste… ESxxxxxxx Open 2018-04-28
* Expected Expiration Date is dependent on the accuracy and timeliness of the information provided by the patent offices. This indicator may change at any time
without notice based on new information received from the patent offices. No decision should be made based solely on this indicators.
Knowmade 2015
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 26
Copyrights © Knowmade SARL. All rights reserved.
Granted Patents Near Expiration (2/2)
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
COMPANY XXX
Expected expiration date*
20
16
20
17
20
18
20
19
20
20
20
21
20
22
20
23
20
24
20
25
20
26
20
27
20
28
20
29
20
30
20
31
20
32
20
33
20
34
* Expected Expiration Date is dependent on the accuracy and timeliness of the information provided by the patent offices. This indicator may change at any time without notice
based on new information received from the patent offices. No decision should be made based solely on this indicators.
Knowmade 2015
Expected Expiration Period for Current Granted Portfolio
For example, the oldest patents of COMPANY XXX’s current granted portfolio are expected to expire early-2028 and the latest patents
currently granted should expire mid-2034.
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 27
Copyrights © Knowmade SARL. All rights reserved.
Potential Future Plaintiffs
-50
0
50
100
150
200
-50 0 50 100 150 200
Nu
mb
er o
f p
aten
t fa
mili
es in
volv
ed in
law
suit
s(U
S ca
ses
in a
ll se
cto
rs)
Number of granted patents (Photoacoustic Imaging)
Pro
pe
ns
ity
to L
itig
ate
Pa
ten
ts
Patent Rights Reinforcement
Knowmade 2015
Bubble size represents the number of
patent families selected for the study
To this date, no litigation case related to
photoacoustic imaging has been filed in the
US. COMPANY XXX, COMPANY XXX and
COMPANY XXX have a certain propensity to
litigate their patents. But only a few of
COMPANY XXX’s patents in the photoacoustic
imaging field are granted as the company
arrived recently in the domain. COMPANY
XXX and mostly COMPANY XXX have a
significant IP Enforcement Potential. The IP
Enforcement Potential of COMPANY XXX may
increase with the acquisition of COMPANY
XXX in February 2015. COMPANY XXX is the
leader of the photoacoustic imaging domain by
the size of its portfolio, however, the company
has filed lawsuits in the US only a few times
and its IP Enforcement Potential is thus rather
low.
The photoacoustic imaging domain emerged in
term of patents less than 20 years ago and the
number of new patents has been increasing
greatly only recently. Photoacoustic imaging
devices are already available (COMPANY
XXX, COMPANY XXX) for pre-clinical
research. And COMPANY XXX’s device just
received the CE Mark in Europe in late 2014
and is currently undergoing FDA approval in
the USA. Thus, the technology is just
appearing in the clinical field and patent
litigation cases can be expected in the future.
XXX
XXX
XXX
XXX
XXX
XXX
XXX
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 28
Copyrights © Knowmade SARL. All rights reserved.
COMPANY XXX
Patenting activity
•Very XXXX patent portfolio (xxx patents
within xxx patent families)
•Oldest priority date: 20xx
•Patent average age: xx years
•Main countries of patent filings: XX, XX
•xxx granted patents (main country : XX)
•xxx pending patents
Impact of Patent Portfolio
•XXXX IP Blocking Potential (xxx forward
citations by xxx patent applicants)
•XXXX IP Enforcement Potential (XXX
propensity to litigate patents, and xxx patents
in-force mainly in XX)
Title of Granted Patents Near ExpirationPublication
NumberPDF
Expected
Expiration Date*
Organism information… JPxxxxxxxxxx Open 2028-04-01
Organism information… JPxxxxxxxxxx Open 2028-04-01
Organism information… JPxxxxxxxxxx Open 2028-04-01
Suffering inspection body… JPxxxxxxxxxx Open 2028-04-01
Biological information… EPxxxxxxx Open 2028-05-12
Biological information… USxxxxxxx Open 2028-05-12
Biological information.. CNxxxxxxxxx Open 2028-05-12
Organism information… JPxxxxxxxxxx Open 2028-05-20
The survey instrument … JPxxxxxxxxxx Open 2028-06-04
Biological information… USxxxxxxxxxxx Open 2028-06-20
Ultrasonic probe… USxxxxxxxxxxx Open 2028-06-24
Organism information… JPxxxxxxxxxx Open 2028-08-05
Imaging device and… JPxxxxxxxxxx Open 2028-08-20
Biological information… USxxxxxxxxxxx Open 2028-08-27
Knowmade 2015
* Expected Expiration Date is dependent on the accuracy and timeliness of the information provided by the patent offices. This indicator may change at any
time without notice based on new information received from the patent offices. No decision should be made based solely on this indicators.
Note that the average of main patent assignee is set at 1 and
the company values are normalized by the average of main
patent assignees.
COMPANY XXXAverage of Main
Patent Assignees
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 29
Copyrights © Knowmade SARL. All rights reserved.
COMPANY XXX
Main Key Patent Families
Patent Family Distinctive Features
WOxxxxxxxxxx
Biological information…
(2008)
• Mutual use of…
• Extended family via a PCT procedure, with patents pending
in EP and JP and patents granted in US (2), JP (3), CN
• 27 forward citations
USxxxxxxxxxxx
Photoacoustic…
(2010)
• Photoacoustic apparatus and…
• Granted patents in US (2) and JP (2)
• 24 forward citations
WOxxxxxxxxxx
Photoacoustic…
(2009)
• Bioinformation acquisition apparatus…
• PCT procedure. Granted patents in JP (3), US and CN (3),
pending patents in EP and US.
• 16 forward citations
WOxxxxxxxxxx
Device for…
(2010)
• Obtaining an image…
• PCT procedure. Granted patents in JP and CN, pending
patents in JP, EP and US.
• 16 forward citations
Biomedical Photoacoustic Imaging - Patent Landscape - 2015© 2015• 30
Copyrights © Knowmade SARL. All rights reserved.
Excel Database with all patents analyzed in the report with technology segmentation
This database allows multi-criteria searches and includes patent publication number, hyperlinks to the
original documents, priority date, title, abstract, patent assignees, and legal status for each member of the
patent family.
Biomedical Photoacoustic Imaging - Patent Landscape - 2015
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Yole Développement
From Technologies to Market
Biomedical Photoacoustic Imaging - Patent Landscape - 2015 ©2015 | www.yole.fr | Name of the report
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Biomedical Photoacoustic Imaging - Patent Landscape - 2015
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Biomedical Photoacoustic Imaging - Patent Landscape - 2015
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Biomedical Photoacoustic Imaging - Patent Landscape - 2015
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Biomedical Photoacoustic Imaging - Patent Landscape - 2015
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Biomedical Photoacoustic Imaging - Patent Landscape - 2015
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Patent Landscape
Biomedical Photoacoustic Imaging Patent Landscape
REPORT OUTLINE• Biomedical Photoacoustic Imaging.• Patent Landscape.• March 2015.• PDF & Excel file.• €3,990 (corporate license).
KEY FEATURES OF THE REPORTThe report provides essential patentdata for biomedical photoacousticimaging including:
• Time evolution of patentpublications and countries ofpatent filings.
• Current legal status of patents.• Ranking of main patent applicants.• Joint developments and IP
collaboration network of mainpatent applicants.
• Key patents.• Granted patents near expiration.• Relative strength of main
companies IP portfolio.• Photoacoustic imaging IP profiles
of 15 major companies with keypatents, partnerships, and IPstrength and strategy.
The report also provides anextensive Excel database with allpatents analyzed in the study.
OBJECTIVE OF THE REPORT• Understand the IP landscape for
biomedical photoacoustic imaging.• Identify key patents.• Understand trends in biomedical
photoacoustic imaging IP.• Classify the major players in
biomedical photoacoustic imaging IPand the relative strength of theirpatent portfolio.
• Identify new players in biomedicalphotoacoustic imaging IP.
• Identify IP collaboration networksbetween key players.
Photoacoustic imaging technologies in the biomedical domain are in full growth from an IPpoint of view, and have began to move in the clinical field. If Japanese companies Canon andFujifilm are the main IP holder, the market is held by US actors : ENDRA Life Sciences,VisualSonics, Seno Medical Instruments, OptoSonics or TomoWave Laboratories.
This patent landscape focuses on photoacoustic imaging in biomedicine. Photoacousticimaging is a safe, non-invasive, non-ionizing imaging technique. The technique offers severaladvantages and represents a great alternative to traditional medical imaging approaches. Theinnovation of photoacoustic imaging for biomedical purposes is mainly driven by the need toenhance the efficiency of the detection and diagnostic of cancer.
The photoacoustic imaging technologies involve more than 100 different applicants andmore than 900 patent families related to photoacoustic imaging have been publishedworldwide up to January 2015. In the early 80s, the University of Arizona published the 1st
patent transposing photoacoustic technology to biomedical imaging. But the technology onlyreally emerged in 1997, especially after the publication of the patent introducing a time factorto the technology and thus allowing a three dimensional image reconstruction. Since 2010, atake off in the number of new applications is observed, indicating a strong and growinginterest for the use of photoacoustic in imaging techniques. Photoacoustic imaging is a verypromising technique for the medical field, especially for diagnostic and treatment cancers,and offers many advantages such as safety, great resolution, easy-to-use and low cost. Thusthe number of new patent applications in the domain is expected to keep rising.
PHOTOACOUSTIC : A NEW TECHNOLOGICAL REVOLUTION IN MEDICAL IMAGING?
Japanese companies show strong interest recently in biomedical photoacoustic imagingbut US academics own key patents and US companies are already on the market
Key patents have been identified based on several indicators, including family size, legalstatus, citations analysis and impact on photoacoustic biomedical imaging technology. Ifindustrial applicants are the main IP holder, academic applicants hold key patents and theimportance of their portfolios is significant. In particular, the NIH and the University of Texasstand out as important actors as they own strong portfolios with key technologies.
Key Patent Families
Kn
ow
mad
e2
01
5
Distributed byPerformed by
PATENTED TECHNOLOGY AND APPLICATIONS
The 900+ patent families selected for thisstudy have been manually segmented byproducts and applications. Products includecontrast agents and imaging devices, such ashandheld probes or catheter including animaging mean while the most targetedapplications are the diagnosis and treatmentof cancers and vascular pathologies.Photoacoustic imaging is a very promisingtechnique for the medical domain and severalimaging devices have been developed frompatented technologies included in this patentlandscape. Devices for pre-clinical researchare already available on the market andmedical devices are currently in clinical trials.
The impact factor of patent portfolios and theIP blocking potential of the applicants havebeen analyzed. The most influent portfoliosbelong to US academic applicants. Theportfolio of company Seno Medical Intr., whois also present on the market, has a significantimpact as well.
Our report also includes an Excel databasecontaining all of the analyzed patents. Thisdatabase allows for multi-criteria searchesand includes patent publication number,hyperlinks to the original documents, prioritydate, title, abstract, patent assignees,technological segments and legal status foreach member of the patent family.
Biomedical Photoacoustic Imaging - Patent Landscape - 2015
IMPACT OF PATENT PORTFOLIOS
Many American, Japanese and Chineseassignees feature among the main patentapplicants. Key players include academic andindustrial actors. In term of filing activity,industrial applicants are getting the upperhand, especially Canon and Fujifilm. Thereport provides a ranking and analysis of therelative strength of the top patent holdersderived from their portfolio size, patentcitations networks, countries of patents filings,current legal status of patents. Through thisthorough analysis, we have identified 15+major players, each of which is profiled in thisreport. Each profile includes a detailedportfolio analysis with patent activities, keypatents, impact of portfolio, granted patentsnear expiration and IP strategies.
IDENTIFY KEY PLAYERS
IP Blocking Potential of ApplicantsBubble size represents the number of patent families selected for the study
Mapping of Main Current IP Holders
Knowmade 2015
Number of patentfamilies containinggranted patents inthe correspondingcountry
Knowmade 2015
Technology Issues
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TABLE OF CONTENT
ABOUT KNOWMADEKnowmade is a Patent, Technology and Strategy consulting company involved in Microelectronics, Nanotechnology, Biotechnology andLife Sciences. We provide Patent Search, Patent Landscape, Patent Analysis, Scientific Landscape, State of the Art, Technology Scouting,Technology Tracking, Alerts and Updates. Our service offer consists of standard reports, custom studies & on-demand tracking, strategyconsulting and training. We combine information search services, scientific expertise, powerful analytics and visualization tools, andproprietary methodologies for analyzing patents and scientific information. Knowmade supports research laboratories, industrialcompanies and investors in their business development.
Dr. Coralie Le GreneurCoralie works for Knowmade in the fieldof Biotechnology and Life Sciences. Sheholds a PhD in Molecular Biology from theUniversity of Nice Sophia-Antipolis(France). She also holds the InternationalIndustrial Studies Diploma in Patents fromthe CEIPI, Strasbourg (France).
ASSIGNEES CITED IN THE REPORT (NON-EXHAUSTIVE)Canon, Fujifilm, VisualSonics, Seno Medical Instruments, Volcano, Philips, Covidien, Mallinckrodt, Samsung, OptoSonics, ENDRA LifeSciences, TomoWave Laboratories, NIH, University of Texas, Helmholtz Zentrum München, South China Normal University, JiangxiSciences & Technic Normal University, Shenzhen Institute of Advanced Technology …
AUTHORS
Dr. Brice SagotBrice is COO and co-founder ofKnowmade. He is leading theBiotechnology and Life Sciencesdepartment. He holds a PhD inmolecular biology from the Universityof Nice Sophia-Antipolis, France.
Introduction 3
Authors 4
Scope of the Report 5
Key Features of the Report 6
Objectives of the Report 8
Terminology for Patent Analysis 9
Methodology 12
Patent Search Strategy 14
Assignees Mentioned in this Report 15
Executive Summary 21
Photoacoustic Imaging Patent Landscape Overview 29
Time Evolution of Patent Publications 30
Countries of Patent Filings 31
Time Evolution by Country of Filing 32
Current Legal Status of Patents 33
Main Industrial Patent Applicants Ranking 34
Main Academic Patent Applicants Ranking 35
Time Evolution of Patent Applicants 36
Countries of Filing for Main Patent Applicants 37
Mapping of Main Current IP Holders 38
Mapping of Main Current IP Applicants 39
Main IPC Classes 40
Time Evolution by IPC 41
Matrix Applicants / Main IPC 42
Patented Technology by Products 43
Patented Technology by Applications 44
Summary of Applicant’s Patent Portfolio 45
Leadership of Patent Applicants 47
Degree of Specialization in Photoacoustic imaging 49
Impact Factor of Patent Portfolios 50
IP Blocking Potential of Applicants 52
Patent Applicant IP Network 53
Key Patent Families 55
Granted Patents Near Expiration 57
Potential Future Plaintiffs 58
Summary of Key Players 59
Canon 60
Fujifilm 62
Fujifilm VisualSonics 64
Seno Medical Instruments 65
Philips 68
Volcano 70
Covidien 72
Mallinckrodt Pharmaceuticals 74
Samsung 76
ENDRA Life Sciences 78
TomoWave Laboratories 80
National Institutes of Health 82
University of Texas 84
Helmholtz Zentrum München 86
South China Normal University 88
Jiangxi Sciences & Technic Normal University 90
Shenzhen Institute of Advanced Technology 92
Conclusions 94
Annexes 100
Methodology for Key Patent Identification 101
KNOWMADE Company presentation 103
Contact 111
Biomedical Photoacoustic Imaging - Patent Landscape - 2015
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a) damages of any kind, including without limitation, incidental or consequential damages (including, but not limited to, damages for loss of profits, business interruption and loss of programs or information) arising out of the use of or
inability to use the Seller’s website or the Products, or any information provided on the website, or in the Products;
b) any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof.
4.4All the information contained in the Products has been obtained from sources believed to be reliable. The Seller does not warrant the accuracy, completeness adequacy or reliability of such information, which cannot be guaranteed
to be free from errors.
4.5 All the Products that the Seller sells may, upon prior notice to the Buyer from time to time be modified by or substituted with similar Products meeting the needs of the Buyer. This modification shall not lead to the liability of the
Seller, provided that the Seller ensures the substituted Product is similar to the Product initially ordered.
4.6 In the case where, after inspection, it is acknowledged that the Products contain defects, the Seller undertakes to replace the defective products as far as the supplies allow and without indemnities or compensation of any kind for
labor costs, delays, loss caused or any other reason. The replacement is guaranteed for a maximum of two months starting from the delivery date. Any replacement is excluded for any event as set out in article 5 below.
4.7 The deadlines that the Seller is asked to state for the mailing of the Products are given for information only and are not guaranteed. If such deadlines are not met, it shall not lead to any damages or cancellation of the orders,
except for non acceptable delays exceeding [4] months from the stated deadline, without information from the Seller. In such case only, the Buyer shall be entitled to ask for a reimbursement of its first down payment to the exclusion of
any further damages.
4.8 The Seller does not make any warranties, express or implied, including, without limitation, those of sale ability and fitness for a particular purpose, with respect to the Products. Although the Seller shall take reasonable steps to
screen Products for infection of viruses, worms, Trojan horses or other codes containing contaminating or destructive properties before making the Products available, the Seller cannot guarantee that any Product will be free from
infection.
5. Force majeure
The Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure,
late deliveries by suppliers or other difficulties which are beyond the control, and not the fault of the Seller.
6. Protection of the Seller’s IPR
6.1 All the IPR attached to the Products are and remain the property of the Seller and are protected under French and international copyright law and conventions.
6.2 The Buyer agreed not to disclose, copy, reproduce, redistribute, resell or publish the Product, or any part of it to any other party other than employees of its company. The Buyer shall have the right to use the Products solely for
its own internal information purposes. In particular, the Buyer shall therefore not use the Product for purposes such as:
- Information storage and retrieval systems;
- Recordings and re-transmittals over any network (including any local area network);
- Use in any timesharing, service bureau, bulletin board or similar arrangement or public display;
- Posting any Product to any other online service (including bulletin boards or the Internet);
- Licensing, leasing, selling, offering for sale or assigning the Product.
6.3 The Buyer shall be solely responsible towards the Seller of all infringements of this obligation, whether this infringement comes from its employees or any person to whom the Buyer has sent the Products and shall personally
take care of any related proceedings, and the Buyer shall bear related financial consequences in their entirety.
6.4 The Buyer shall define within its company point of contact for the needs of the contract. This person will be the recipient of each new report in PDF format. This person shall also be responsible for respect of the copyrights and
will guaranty that the Products are not disseminated out of the company.
6.5 In the context of annual subscriptions, the person of contact shall decide who within the Buyer, shall be entitled to access on line the reports on I-micronews.com. In this respect, the Seller will give the Buyer a maximum of 10
password, unless the multiple sites organization of the Buyer requires more passwords. The Seller reserves the right to check from time to time the correct use of this password.
6.6 In the case of a multisite, multi license, only the employee of the buyer can access the report or the employee of the companies in which the buyer have 100% shares. As a matter of fact the investor of a company, the joint
venture done with a third party etc..cannot access the report and should pay a full license price.
7. Termination
7.1 If the Buyer cancels the order in whole or in part or postpones the date of mailing, the Buyer shall indemnify the Seller for the entire costs that have been incurred as at the date of notification by the Buyer of such delay or
cancellation. This may also apply for any other direct or indirect consequential loss that may be borne by the Seller, follow ing this decision.
7.2 In the event of breach by one Party under these conditions or the order, the non-breaching Party may send a notification to the other by recorded delivery letter upon which, after a period of thirty (30) days without solving the
problem, the non-breaching Party shall be entitled to terminate all the pending orders, without being liable for any compensation.
8. Miscellaneous
All the provisions of these Terms and Conditions are for the benefit of the Seller itself, but also for its licensors, employees and agents. Each of them is entitled to assert and enforce those provisions against the Buyer.
Any notices under these Terms and Conditions shall be given in writing. They shall be effective upon receipt by the other Party.
The Seller may, from time to time, update these Terms and Conditions and the Buyer, is deemed to have accepted the latest version of these terms and conditions, provided they have been communicated to him in due time.
9. Governing law and jurisdiction
9.1 Any dispute arising out or linked to these Terms and Conditions or to any contract (orders) entered into in application of these Terms and Conditions shall be settled by the French Commercial Courts of Lyon, which shall have
exclusive jurisdiction upon such issues.
9.2 French law shall govern the relation between the Buyer and the Seller, in accordance with these Terms and Conditions.