Exhibit 6.36
PATENT ASSIGNMENT
This Agreement is made this 9th day of December, 1998 by and between H. Xxxxxx
Xxxxx and Xxxxx X. Xxxxx, both citizens of Germany and residing at Xxxxxxxxxxx
0, 00000 Xxxxxxxx, Xxxxxxx and Xxxxxxxxxxx Xxx. 00, 00000 Xxxxxxxxx, Xxxxxxx
(collectively "Assignors") and iQ Battery Research & Development GmbH, a German
corporation having offices at Xxxxxxxxxxxxx. 0, 0000 Xxxxxxxxxxxx, Xxxxxxx
("Assignee").
WHEREAS, Assignors or the Assignor H. Xxxxxx Xxxxx are listed as owners
and/or owner of German Patent No. P4142628.2, European Patent No. EP 0617846 ,
U.S. Patent Nos. 5,508,126 and 5,599,636 and other patents and/or patent
applications claiming priority based on the filing date of and/or disclosing
substantially the same subject matter as said German patent;
WHEREAS, Assignors wish for all rights and interest in such patents and
applications, including all divisionals, patents of addition, continuations and
continuations-in-part (the "Patent Rights") to be transferred to and owned by
Assignee;
NOW THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged, and intending for the Assignors and the Assignors'
successors and assigns, and Assignee and Assignee's successors and assigns to be
legally bound hereby, the parties hereby agree as follows:
1. Assignors hereby confirms the assignment of all of the Patent Rights as
provided for in the Contract Concerning industrial Property Rights and Know-How
between Assignors and Assignee and dated March 15, 1995. To the extent that such
assignment may have been in any respect ineffective to transfer all rights,
title and interest in the Patent Rights from Assignors to Assignee, Assignors
hereby assign all such rights, title and interest in the Patent Rights to
Assignee, including the right to claim priority based on any and/or all of such
patent applications. Assignors hereby further confirm the assignment of, and to
the extent such assignment may have been in any respect ineffective, do hereby
transfer all rights title and interest in all know-how relating to starter
batteries and other batteries of the kind covered by the Patent Rights,
including the rights to file for and obtain patents and to claim priority.
2. Assignors hereby agree to execute all documents, and do all things that may
be reasonably required by Assignee to fully and properly secure, protect and
perfect in Assignee its rights title and interest in the Patent Rights.
3. No course of dealing between Assignors and Assignee, nor any failure to
exercise any right, power or privilege hereunder shall operate as a waiver
thereof; nor shall any single or partial exercise of any right, power or
privilege hereunder or thereunder preclude any other or further exercise thereof
or the exercise of any other right, power or privilege.
4. The provisions of this Agreement are severable, and if any clause or
provision shall be held invalid or unenforceable in whole or in part in any
jurisdiction, then such invalidity or unenforceability shall affect only such
clause or provision, or part thereof, in such jurisdiction, and shall not in any
manner affect such clause or provision in any other jurisdiction, or any other
clause or provision of the Agreement in any jurisdiction.
5. This Agreement is subject to modification only by a writing signed by the
parties.
6. The benefits and burdens of the Agreement shall inure to the benefit of and
be binding upon the respective successors and assigns of the parties.
IN WITNESS WHEREOF, the Assignors and the duly authorized officers of
Assignee have executed this Agreement.
ASSIGNOR:
/s/ H. Xxxxxx Xxxxx
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H. Xxxxxx Xxxxx
ASSIGNOR:
/s/ Xxxxx X. Xxxxx
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Xxxxx X. Xxxxx
ASSIGNEE:
iQ Battery Research & Development GmbH
/s/ Xxxxx X. Xxxxx
By: ------------------------------
Name: Xxxxx X. Xxxxx
Title: President
