Amendment No 2B to Distribution Agreement

Exhibit 10.4

Amendment No 2B to Distribution Agreement

This Amendment No. 2B to Distribution Agreement is entered into effective as of July 8, 2008 (“Amendment Date”) between Inverness Medical Innovations North America, Inc. (“Inverness”), a Delaware corporation having a place of business at 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx. Xxxxxxx 00000 (as successor by assignment from Biosite Incorporated effective April 1, 2008), and Xxxxxx HealthCare, a Division of Xxxxxx Scientific Company, L.L.C. (“FHC”), having a place of business at 0000 Xxxxxxxx Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxx 00000 and amends the Distribution Agreement between the parties dated January 1, 2006 (as amended, the “2006 Distribution Agreement”).

     The parties mutually agree to amend the 2006 Distribution Agreement through this Amendment No. 2 on the terms and conditions below as follows:

     1. Defined Terms. Any defined terms in this Amendment shall have the same meaning designated in the 2006 Distribution Agreement unless otherwise expressly provided in this Amendment.

     2. Extension of Non-Renewal Notice Period. Both parties agree that effective July 8, 2008 Section 6(a)(i) is hereby replaced it in its entirety with the following:

     “(i) unless Inverness, in Inverness’s sole discretion, gives notice of non-renewal to FHC on or before 11:59 PM Eastern Daylight Time July 11, 2008, this 2006 Distribution Agreement automatically shall be extended for a period of one (1) year following the expiration of the Initial Term (the “First Extended Term”), and”

     3. Miscellaneous. Except as otherwise expressly modified by this Amendment, the 2006 Distribution Agreement shall remain in full force and effect in accordance with its existing terms. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In witness of their agreement to the foregoing terms, the authorized representatives of each party have executed this Amendment effective as of the Amendment Date.

Inverness Medical Innovations North America, Inc.						Xxxxxx HealthCare
By:		/s/ Xxx Xxxxxxxxx				By:		/s/ Xxxxxx Xxxxxxxx
Name:		Xxx Xxxxxxxxx				Name:		Xxxxxx Xxxxxxxx
Title:		Chief Executive Officer				Title:		President
Date:		7/8/08				Date:		8 July 2008
By:		/s/ Xxxxx Xxxxxxxx
Name:		Xxxxx Xxxxxxxx
Title:		Secretary
Date:		7/8/08