TRADEMARKS AND LETTERS PATENT SECURITY AGREEMENT
EXHIBIT
10.2
TRADEMARKS AND LETTERS
PATENT SECURITY AGREEMENT
This Trademarks and Letters Patent
Security Agreement (“Agreement”) made this 11th day
of March, 2010, by and between CAS MEDICAL SYSTEMS, INC., a
Delaware corporation with its chief executive office at 00 Xxxx Xxxxxxxxxx Xxxx,
Xxxxxxxx, XX 00000 (“Grantor” or “Borrower”) and
NEWALLIANCE BANK, with a
place of business at 000 Xxxxxx Xxxxxx, Xxx Xxxxx, XX 00000 (“Grantee” or “Lender” or
“Bank”).
WHEREAS, Lender is entering into or has
entered into a Third Modification Agreement with Borrower dated of even date
herewith (“Third
Modification”) modifying a Revolving Loan to Borrower evidenced by a
Commercial Revolving Promissory Note from Borrower to Lender dated
February 11, 2008 in the principal amount of ten million dollars, as modified by
a Debt Modification Agreement (the “First Modification”) from
Borrower dated December 31, 2008, and as further modified by a Second
Modification Agreement executed April 3, 2009 by Borrower (the “Second Modification”) reducing
the maximum principal amount of the Revolving Loan to five million dollars (said
Commercial Revolving Promissory Note, as modified by the First Modification,
Second Modification and Third Modification, and as the same may be further
amended and/or restated from time to time, herein called the "Note" and the loan evidenced
by the Note, herein called the “Loan,” and the First
Modification, the Second Modification and the Third Modification shall sometimes
herein collectively be called the “Modification”);
WHEREAS, the Loan was made pursuant to
a Commercial Loan Agreement between Borrower and Lender dated February 11, 2008,
as modified by the First Modification, the Second Modification and the Third
Modification (as the same may be further amended and /or restated from time to
time, herein called the “Loan
Agreement”);
WHEREAS, Lender has a security interest
in substantially all assets of Borrower pursuant to a Security Agreement between
Borrower and Lender dated February 11, 2008, as the same may be amended by the
Modification (as the same may be further amended and/or restated from
time to time, herein called the “Security
Agreement”);
WHEREAS, Borrower is the record owner
of: (i) the trademarks and letters patent of the United States listed
on Schedule A annexed
hereto and incorporated herein (the "Trademarks" and the "Letters Patent" respectively,
which terms shall also include any applications therefor set forth on Schedule
A), which Trademarks and Letters Patent are registered in the United States
Patent and Trademark Office, and (ii) the inventions described and claimed in
the Letters Patent; and
WHEREAS, pursuant to the Third
Modification, Borrower is hereby granting Lender a security interest in the
Trademarks and the Letters Patent on the terms set forth herein.
NOW, THEREFORE, in consideration of the
Lender’s execution of the Third Modification, and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as
follows:
1. To
secure the complete and timely satisfaction, payment and performance of all of
the “Obligations,” as hereafter defined, of Borrower to Lender, Borrower does
hereby assign, transfer and convey to Lender, and grant to Lender a security
interest in and mortgage to, all of Borrower's right, title and interest in, to
and under the following property, in each case whether now or hereafter existing
or arising or in which Debtor now has or hereafter owns, acquires or develops an
interest and wherever located (collectively, the "Collateral"):
the
Trademarks and the Letters Patent, together with and including,
without limitation, the good will of the business to which each of the
Trademarks relates, all proceeds of the Trademarks and the Letters Patent (such
as, by way of example, license royalties and proceeds of infringement suits),
the right to xxx for past, present and future infringements, all rights
corresponding thereto throughout the world and all re-issues, divisions,
continuations, renewals, extensions and continuations-in-part
thereof.
The term
“Obligations” as used
herein shall mean all liabilities, obligations, indebtedness, duties, covenants
and guaranties now or hereafter owing from the Borrower to the Lender of
whatever kind or nature, whether or not contemplated at the time of this
Agreement, whether direct or indirect, absolute or contingent or due or to
become due, including all obligations of the Borrower, actual or contingent, in
respect of letters of credit or banker's acceptances issued by the Lender for
the account of or guaranteed by the Borrower and all obligations of any
partnership or joint venture as to which Borrower is or may become personally
liable (the "Obligations", which term shall
also include, without limitation, all accrued interest and costs, including
reasonable attorney's fees, costs and expenses relating to the appraisal and/or
valuation of assets and all costs and expenses incurred or paid by the Lender in
exercising, preserving, defending, enforcing, collecting, administrating or
protecting any of its rights under the Obligations or hereunder or with respect
to the Collateral or in any litigation arising out of the transactions evidenced
by the Obligations). The Lender shall have the unrestricted right from time to
time to apply (or to change any application already made) the proceeds of any of
the Collateral to any Obligations in such manner and such order of priority as
the Lender, in its sole discretion, may determine.
The
Obligations shall include, without limitation, all agreements evidencing,
securing or relating to the Obligations, including without limitation, the Note,
the Loan Agreement and the Security Agreement. The Note, the Loan
Agreement, the Security Agreement and all present and future
agreements which now or hereafter secure, relate to, or evidence the Obligations
or any guaranty thereof shall sometimes collectively be called the “Loan Documents”),
2. Borrower
covenants and warrants that, except as set forth on Schedule B attached hereto and
incorporated herein:
a. The
Trademarks and the Letters Patent are subsisting and have not been adjudged
invalid or unenforceable, in whole or in part;
b. Borrower
is the sole and exclusive owner of the entire and unencumbered right, title and
interest in and to the Collateral, free and clear of any liens, charges and
encumbrances, including, without limitation, pledges, assignments, registered
user agreements, licenses, shop rights and covenants by Borrower not to xxx
third persons;
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c. Borrower
has the unqualified right to enter into this Agreement and perform its
terms;
d. To
the best of Borrower’s knowledge, no claim has been made that the use of any of
the Trademarks does or may violate the rights of any third person;
e. Borrower
will continue to use for the duration of this Agreement proper statutory notice
in connection with its use of the Trademarks; and
f. Borrower
will continue to use for the duration of this Agreement consistent standards of
quality in its manufacture of products sold under the Trademarks.
3. Borrower
hereby grants to Lender and its employees and agents the right to visit
Borrower's plants and facilities which manufacture, inspect or store products
sold under any of the Trademarks, and to inspect the products and quality
control records relating thereto at reasonable times during regular business
hours and at Lender’s sole expense. Borrower shall do any and all acts
reasonably required by Lender to ensure Borrower's compliance with Paragraphs 2e
and 2f above.
4. Borrower
agrees that until final nonvoidable payment in full and satisfaction of the
Obligations and termination of any right of Borrower to obtain or obligation of
the Lender to make any loans or advances or other financial accommodations to or
for the benefit of the Borrower, Borrower will not, except as set forth on Schedule B, sell, transfer,
encumber, assign or grant licenses or sublicenses with respect to the
Collateral, without Lender's prior written consent.
5. If
before the final nonvoidable payment in full and satisfaction of the Obligations
or the termination of any right of Borrower to obtain or obligation of the
Lender to make any loans or advances or other financial accommodations to or for
the benefit of the Borrower, Borrower shall obtain rights to any new
trademarks or patentable inventions, or become entitled to the benefit of any
patent application or patent for any reissue, division, continuation, renewal,
extension or continuation-in-part of any Patent or any improvement on any
Patent, the provisions of Paragraph 1 hereof shall
automatically apply thereto and Borrower shall give to Lender prompt notice
thereof in writing hereof.
6. Borrower
authorizes Lender to modify this Agreement by amending Schedule A to include any
future patents and patent applications which are Letters Patent under Paragraphs 1 or 5 hereof or to include any
future trademarks which are Trademarks under Paragraphs 1 or 5 hereof.
7. If
a default or an Event of Default (as defined in any of the Loan Documents) shall
occur, or demand for payment under any of the Loan Documents shall be made,
Lender shall have, in addition to all other rights and remedies given it by this
Agreement, those allowed by law and the rights and remedies of a secured party
under the Uniform Commercial Code as enacted in any jurisdiction in which the
Collateral may be located and, without limiting the generality of the foregoing,
the Borrower may immediately, without demand of performance and without other
notice (except as set forth next below) or demand whatsoever to Borrower, all of
which are hereby
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expressly
waived, and without advertisement, sell at public or private sale or otherwise
realize upon, in Connecticut or elsewhere, the whole or from time to time any
part of the Collateral, or any interest which Borrower may have therein, and
after deducting from the proceeds of sale or other disposition of the Collateral
all expenses (including all reasonable expenses for brokers' fees and legal
services), shall apply the residue of such proceeds toward the payment of the
Obligations. Any remainder of the proceeds after payment in full of
the Obligations shall be paid over to Borrower. Notice of any sale or
other disposition of the Collateral shall be given to Borrower at least five (5)
days before the time of any intended public or private sale or other disposition
of the Collateral, which Borrower hereby agrees shall be reasonable notice of
such sale or other disposition. At any such sale or other
disposition, Lender or any holder of any note may, to the extent permissible
under applicable law, purchase the whole or any part of the Collateral sold,
free from any right of redemption on the part of Borrower, which right is hereby
waived and released. Without limiting the foregoing, Borrower hereby grants to
Lender the exclusive, royalty-free, nontransferable right and license to make,
have made, use and sell the goods covered by the Trademarks and the inventions
disclosed and claimed in the Letters Patent and to use the Trademarks on and in
connection with goods of the Borrower, said right and license to be exercised by
Lender, upon or after the occurrence of a default or an Event of Default (as
defined in any of the Loan Documents) under, or demand for payment of any of the
Loan Documents.
8. Borrower
assumes all responsibility and liability arising from the use of the Trademarks
and the Letters Patent and Borrower hereby indemnifies, defends and holds Lender
harmless from and against any claim, suit, loss, damage or expense (including
reasonable attorneys fees) arising out of (i) any alleged defect in any product
manufactured, promoted or sold by Borrower under any of the Letters Patent or
bearing any of the Trademarks, or (ii) the manufacture, promotion, labeling,
sale or advertisement of any such product by Borrower.
9. Any
and all out-of-pocket fees, costs and expenses, of whatever kind or nature,
including reasonable attorneys' fees and legal expenses, incurred by Lender in
connection with (i) the preparation of this Agreement and all other documents
relating hereto and to the consummation of this transaction, (ii) the filing or
recording of any documents (including all taxes in connection therewith) in
public offices, (iii) the payment or discharge of any taxes, counsel fees,
maintenance fees or encumbrances, (iv) defending or prosecuting any actions or
proceedings arising out of or related to the Collateral, or (v) otherwise
protecting, maintaining or preserving the Collateral, shall be borne and paid by
Borrower on demand by Lender and until so paid shall be added to the principal
amount of the Obligations and shall bear interest at the rate in effect under
the Note, after an Event of Default, as defined in the Note.
10. Except as set forth on
Schedule
B attached
hereto and incorporated herein, the Borrower shall have the
duty to do all acts necessary or desirable to preserve and maintain all rights
in the Trademarks, the Letters Patent and any patent or trademark
applications. Any expenses incurred in connection with such
applications shall be borne by Borrower.
11. Upon
the failure or inability of Borrower to take actions required under Paragraph 10 above, Lender
shall have the right, but shall in no way be obligated, to bring suit in its own
name to enforce or protect either the Trademarks or the Letters Patent and any
license thereunder, in which event Borrower shall at the request of Lender do
any and all lawful acts and execute any and all proper documents required by
Lender in aid of such enforcement and Borrower shall promptly, upon demand,
reimburse and indemnify Lender for all costs and expenses incurred by Lender in
the exercise of its rights hereunder.
- 4 -
12. Borrower
hereby appoints Lender (and authorizes and empowers Lender to make, constitute
and appoint any officer or agent of Lender as Lender may select, in its
exclusive discretion) as Borrower's true and lawful attorney-in-fact, with the
power to endorse Borrower's name on all applications, documents, papers and
instruments necessary for Lender to use the Trademarks and the Letters Patent in
accordance with the terms set forth herein, or if a default or an Event of
Default (as defined in any of the Loan Documents) under, or demand for payment
of any of the Loan Documents, shall have occurred, to grant or issue any
exclusive or nonexclusive license under the Trademarks or the Letters Patent to
anyone else, or necessary for Lender to assign, pledge, convey or otherwise
transfer title in or dispose of the Collateral or any other collateral for any
of the Obligations, to anyone else. Borrower hereby ratifies all that
such attorney shall lawfully do or cause to be done by virtue
hereof. This power of attorney is coupled with an interest and shall
be irrevocable for the life of this Agreement.
13. No
course of dealing between Borrower and Lender, nor any failure to exercise, nor
any delay in exercising, on the part of Lender, any right, power or privilege
hereunder or under the Loan Documents 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.
14. In
the event of a conflict between the terms hereof and of the Security Agreement
the terms of the Security Agreement shall govern; provided however that all of
Lender's rights and remedies with respect to the Trademarks and the Letters
Patent, whether established hereby or by the Loan Documents, or by any other
agreements or by law, shall be cumulative and may be exercised singularly or
concurrently.
15. The
provisions of this Agreement are severable, and if any clause or provision
hereof shall be held invalid and 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 this Agreement in any jurisdiction.
16. This
Agreement is subject to modification only by a writing signed by the parties,
except as provided in Paragraph
6 hereof. This Agreement may be executed in multiple
counterparts.
17. The
Borrower hereby represents, covenants and agrees that the transaction of which
this Agreement forms a part is a “commercial transaction” as defined by the
Statutes of the State of Connecticut.
THE
BORROWER HEREBY WAIVES ALL OF ITS RIGHTS TO NOTICE AND PRIOR COURT HEARING OR
COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTION 52-278a ET
SEQ., AS AMENDED, OR UNDER ANY OTHER STATE OR FEDERAL LAW IN
CONNECTION WITH ANY AND ALL PREJUDGMENT REMEDIES WHICH THE LENDER MAY EMPLOY TO
ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER OR UNDER ANY OF THE LOAN DOCUMENTS, AS
WELL AS ITS RIGHT TO REQUEST THAT LENDER POST A BOND IN CONNECTION WITH ANY SUCH
PREJUDGMENT REMEDY. MORE SPECIFICALLY, THE BORROWER ACKNOWLEDGES THAT LENDER'S
ATTORNEY MAY, PURSUANT TO CONNECTICUT GENERAL STATUTES, SECTION 52-278f, AS
AMENDED, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT
ORDER.
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THE
BORROWER HEREBY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING OF
ANY KIND OR NATURE IN ANY COURT IN WHICH AN ACTION MAY BE COMMENCED ARISING OUT
OF THIS AGREEMENT OR ANY AGREEMENT THEREOF OR OUT OF THE LOAN DOCUMENTS OR BY
REASON OF ANY OTHER CAUSE OR DISPUTE BETWEEN THE BORROWER AND THE
LENDER.
THE
BORROWER HEREBY FURTHER AGREES THAT THE FOLLOWING COURTS:
STATE
COURT - ANY STATE OR LOCAL COURT OF THE STATE OF CONNECTICUT.
FEDERAL
COURT - UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
CONNECTICUT.
OR
AT THE OPTION OF THE LENDER, ANY COURT IN WHICH THE LENDER SHALL INITIATE LEGAL
OR EQUITABLE PROCEEDINGS AND WHICH HAS SUBJECT MATTER JURISDICTION OVER THE
MATTER IN CONTROVERSY, SHALL HAVE JURISDICTION TO HEAR AND DETERMINE ANY CLAIMS
OR DISPUTES BETWEEN THE BORROWER AND THE LENDER PERTAINING DIRECTLY OR
INDIRECTLY TO THIS AGREEMENT OR TO ANY MATTER ARISING IN CONNECTION WITH THIS
AGREEMENT. THE BORROWER EXPRESSLY SUBMITS AND CONSENTS IN ADVANCE TO
SUCH JURISDICTION IN ANY ACTION OR PROCEEDING COMMENCED IN SUCH COURTS, HEREBY
WAIVING PERSONAL SERVICE OF THE SUMMONS AND COMPLAINT, OR OTHER PROCESS OR
PAPERS ISSUED THEREIN, AND AGREEING THAT SERVICE OF SUCH SUMMONS AND COMPLAINT,
OR OTHER PROCESS OR PAPERS, MAY BE MADE BY REGISTERED OR CERTIFIED MAIL
ADDRESSED TO THE BORROWER AT THE ADDRESS SET FORTH HEREIN. THE EXCLUSIVE CHOICE
OF FORUM SET FORTH HEREIN SHALL NOT BE DEEMED TO PRECLUDE THE ENFORCEMENT OF ANY
JUDGMENT OBTAINED IN SUCH FORUM OR THE TAKING OF ANY ACTION UNDER THIS NOTE TO
ENFORCE THE SAME IN ANY APPROPRIATE JURISDICTION.
- 6 -
18. The
benefits and burdens of this Agreement shall inure to the benefit of and be
binding upon the respective successors and permitted assigns of the
parties.
19. The
validity and interpretation of this Agreement and the rights and obligations of
the parties shall be governed by the laws of the State of Connecticut. The
recitals are incorporated herein.
20. This
Agreement is made in order to grant Lender a security interest in the Collateral
including the property set forth on Schedule A annexed hereto, and
upon final nonvoidable payment in full and satisfaction of the Obligations
secured hereby and termination of any right of Borrower to obtain, or obligation
of the Lender to make, any loans or advances or other financial accommodation to
or for the benefit of the Borrower, this Agreement shall be void and of no
further effect.
WITNESS the execution hereof under seal
as of the day and year first above written.
WITNESS: | Borrower: | |||
CAS MEDICAL SYSTEMS, INC. | ||||
/s/
Xxxxxxxxx X. XxXxxxxx
|
/s/
Xxxxxxx X. Xxxxx
|
|||
Xxxxxxxxx
X. XxXxxxxx
|
Xxxxxxx
X. Xxxxx
|
|||
|
Its:
Chief Financial Officer
|
|||
Duly Authorized | ||||
/s/ Xxxx X. Xxxxxxxxx | ||||
Xxxx X. Xxxxxxxxx | ||||
Lender: | ||||
NEWALLIANCE BANK | ||||
/s/
Xxxxxxxxx X. XxXxxxxx
|
/s/
Xxxxx X. Xxxxxxx
|
|||
Xxxxxxxxx
X. XxXxxxxx
|
Xxxxx
X. Xxxxxxx
|
|||
|
Its
Vice President
|
|||
Duly Authorized | ||||
/s/ Xxxx X. Xxxxxxxxx | ||||
Xxxx X. Xxxxxxxxx | ||||
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STATE OF
CONNECTICUT )
)
ss.: New Haven
COUNTY OF
NEW
HAVEN
)
The foregoing instrument was
acknowledged before me this 11th day of March,
2010, by Xxxxxxx X.
Xxxxx, the Chief Financial Officer of CAS MEDICAL SYSTEMS, INC., a Delaware
corporation, on behalf of said corporation.
/s/ Xxxx X.
Xxxxxxx
Notary Public
My commission
expires: September 30, 0000
XXXXX XX
XXXXXXXXXXX
)
)
ss.: New Haven
COUNTY OF
NEW
HAVEN
)
The foregoing instrument was
acknowledged before me this 11th day of March,
2010, by Xxxxx X. Xxxxxxx, the Vice President of NewAlliance Bank, on behalf of
NewAlliance Bank.
/s/ Xxxx X.
Xxxxxxx
Notary Public
My commission
expires: September 30, 2010
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SCHEDULE
A
TO
TRADEMARKS AND LETTERS PATENT COLLATERAL SECURITY AGREEMENT
List of
Trademarks and Letters Patent
Trademarks
Trademark
|
U.S.
Reg. No.
|
Date
of Reg.
|
Goods
|
FOR
EVERY LIFE AND BREATH SITUATION
|
3,230,335
|
4/17/2007
|
Medical
apparatus, namely apparatus for monitoring patient ventilation and
oxygenation in Int’l Class 10
|
CAS
EXPRESS
|
3,566,265
|
1/27/2009
|
Operating
system software sold as an integral component of apnea detection
apparatuses in Int’l Class 10
|
MAXNIBP
|
2,801,249
|
12/30/2009
|
Non-invasive
blood pressure measurement apparatuses in Int’l Class
10
|
SAFE-CUFF
|
2,628,279
|
10/1/2002
|
Blood
pressure cuffs in Int’l Class 10
|
CAS
|
2,642,539
|
10/29/2002
|
Medical
devices, namely electronic respiratory monitoring apparatus for detecting
sleep apnea in Int’l Class 10
|
TUFF
CUFF
|
1,597,307
|
5/22/1990
|
Blood
pressure cuffs in Int’l Class 10
|
CAS
|
1,560,705
|
10/17/1989
|
Medical
equipment, namely, limb boards; automatic blood pressure measuring units;
blood pressure cuffs; and medical electrodes in Int’l Class
10
|
NEO
GUARD & design
|
1,548,156
|
7/18/1989
|
Limb
immobilizing support boards for holding limb straight during intravenous
feeding in Int’l Class 10
|
KLEAR-TRACE
|
1,641,987
|
4/23/1991
|
Medical
electrodes in Int’l Class 10
|
Design
|
1,642,696
|
4/30/1991
|
Adhesive
patches used to secure a temperature probe to a patient in Int’l Class
10
|
- 9 -
SCHEDULE
A
TO
TRADEMARKS AND LETTERS PATENT COLLATERAL SECURITY AGREEMENT
List of
Trademarks and Letters Patent
Trademarks
Trademark
|
U.S.
Reg. No.
|
Date
of Reg.
|
Goods
|
ULTRACHECK
|
2,292,982
|
11/16/1999
|
Blood
pressure cuffs in Int’l Class 10
|
UNI-FUSOR
|
1,583,534
|
2/20/1990
|
Air
pressure infusion cuff portion of medical apparatus which administers
blood and other fluids in Int’l Class 10
|
CASMED
|
3,226,586
|
4/10/2007
|
Medical
apparatus, namely diagnostic lasers for use in measuring clinical
parameters, automated blood pressure monitoring apparatus, apnea detection
apparatus, blood pressure cuffs, limb boards, blood oxygenation monitoring
apparatus, xxxxx xxxxx monitors, non-invasive blood pressure apparatus,
and pressure infusor cuffs in Int’l Class 10
|
FOR
WHAT'S VITAL
|
3,281,295
|
8/21/2007
|
Medical
apparatus, namely diagnostic lasers for use in measuring clinical
parameters, automated blood pressure monitoring apparatus, apnea detection
apparatus, blood pressure cuffs, limb boards, blood oxygenation monitoring
apparatus, xxxxx xxxxx monitors, non-invasive blood pressure apparatus,
and pressure infusor cuffs in Int’l Class 10
|
FORE-SIGHT
|
3,313,195
|
3/3/2006
|
Medical
apparatus, namely, cerebral oximeter for non-invasive patient monitoring
in Int’l Class 10
|
SOFTCHECK
|
3,315,409
|
10/23/2007
|
Blood
pressure cuffs in Int’l Class 10
|
LASER-SIGHT
|
3,344,769
|
11/27/2007
|
Medical
apparatus, namely diagnostic lasers for use in non-invasive measurement
and monitoring of oxygen saturation in a patient’s blood stream in Int’l
Class 10
|
MOTHERBABY
& design
|
3,505,745
|
9/23/2008
|
Maternal
and fetal monitors, namely, fetal heart rate monitors, maternal uterine
activity monitors, and maternal blood pressure monitors; neonatal infant
health products for medical use, namely, infant apnea detection monitors,
blood pressure cuffs, electrodes, limb boards, adhesive patches used to
secure a temperature probe to a patient, and temperature probes in Int’l
Class 10
|
- 10 -
Motherbaby
& design
|
3,544,003
|
12/9/2008
|
Maternal
and fetal monitors, namely, fetal heart rate monitors, maternal uterine
activity monitors, and maternal blood pressure monitors; neonatal infant
health products for medical use, namely, infant apnea detection monitors,
blood pressure cuffs, electrodes, arm boards, adhesive patches used to
secure a temperature probe to a patient, and temperature probes in Int’l
Class 10
|
S
& design
|
1,592,883
|
4/24/1990
|
Medical
apparatus, namely, pumps for administration of blood and fluid, and
accessory parts therefor in Int’l Class 10
|
STATCORP
|
1,868,858
|
12/20/1994
|
Medical
devices; namely, pressure manifolds and pressure gauges for use in the
rapid infusion of fluids into the body; infusion cuffs; blood filters;
blood administration sets consisting of blood filters, tubing, and blood
flow measurement and control equipment; and air bladders, tubing and air
regulators for rapid infusion of fluids into the body in Int’l Class
10.
|
COOL-LIGHT
|
3,735,396
|
1/5/2010
|
Medical
apparatus, namely, diagnostic laser systems for use in non-invasive
measurement and monitoring of oxygen saturation in a patient’s blood in
Int’l Class 10
|
- 11 -
EDENTREND
|
1,600,609
|
6/12/1990
|
Add-on
data storage units for use with apnea monitors, and computer software for
processing such data
|
TUFF
CUFF AND DESIGN
|
1,598,432
|
5/29/1990
|
Blood
pressure cuffs
|
PREMIE
NESTIE
|
2,353,247
|
5/30/2000
|
Medical
apparatus, namely, a premature infant positioning aide and accessories
therefore
|
Miscellaneous
Design
|
1,550,855
|
8/8/1989
|
Limb
immobilizing support boards for holding limbs straight during intravenous
feeding; automatic blood pressure measuring devices; blood pressure cuffs;
and medical electrodes
|
HOLD-TIGHT
|
3,731,738
|
12/29/2009
|
Hydrogel
adhesive strips for attaching non-adhesive medical sensors to the body in
Int’l Class 10
|
Patents
Patents | U.S. Reg. No. | Issue Date | Expiration Date |
METHOD
FOR NON-INVASIVE
|
6,456,862
B2
|
9/24/2002
|
4/30/2021
|
SPECTROPHOTOMETRIC
BLOOD
|
|||
OXYGENATION
MONITORING
|
|||
METHOD
FOR
|
7,072,701
|
7/4/2006
|
1/25/2024
|
SPECTROPHOTOMETRIC
|
|||
BLOOD
OXYGENATION MONITORING
|
|||
LASER
DIODE OPTICAL
|
7,047,054
|
5/16/2006
|
11/4/2019
|
TRANSDUCER
ASSEMBLY FOR
|
|||
NON-INVASIVE
SPECTROPHOTOMETRIC
|
|||
BLOOD
OXYGENATION
|
|||
LASER
DIODE OPTICAL
|
7,313,427
|
12/25/2007
|
11/4/2019
|
TRANSDUCER
ASSEMBLY FOR
|
|||
NON-INVASIVE
|
|||
SPECTROPHOTOMETRIC
BLOOD
|
|||
OXYGENATION
|
|||
AUTOMATIC
BLOOD PRESSURE
|
5,220,502
|
6/15/1993
|
10/10/2010
|
MEASURING
DEVICE AND
|
|||
METHOD
WITH CUFF SIZE
|
|||
DETERMINATION
|
|||
APNEA
DETECTOR WITH
|
6,537,228
|
3/25/2003
|
6/17/2019
|
ARTIFACT
|
|||
REJECTION
|
- 12 -
Pending Trademark
Applications
App
No.
|
Filing
Date
|
Xxxx
|
77/594,820
|
10/17/2008
|
LIMBOARD
|
Pending Patent
Applications
Serial
No.
|
Filing
Date
|
Title
|
11/376,894
|
3/16/2006
|
METHOD
FOR SPECTROPHOTOMETRIC
|
BLOOD
OXYGENATION MONITORING
|
||
11/914,074
|
11/09/2007
|
IMPROVED
METHOD FOR
|
SPECTROPHOTOMETRIC
BLOOD OXYGENATION MONITORING
|
||
12/092,778
|
5/06/2008
|
CALIBRATION
DEVICE FOR A
|
SPECTROPHOTOMETRIC
SYSTEM
|
||
12/096,132
|
6/04/2008
|
INDICATORS
FOR A
|
SPECTROPHOTOMETRIC
SYSTEM
|
||
12/090,671
|
4/18/2008
|
METHOD
AND APPARATUS FOR
|
SPECTROPHOTOMETRIC
BASED OXIMETRY
|
||
12/097,438
|
6/13/2008
|
STABILIZED
MULTI-WAVELENGTH LASER
|
SYSTEM
FOR NON-INVASIVE SPECTROPHOTOMETRIC MONITORING
|
||
12/514,955
|
5/14/2009
|
APPARATUS
FOR SPECTROPHOTOMETRIC
|
BASED
OXIMETRY
|
||
12/248,556
|
10/09/2008
|
NIRS
SENSOR MOUNTING APPARATUS
|
12/574,412
|
10/06/2009
|
METHOD
AND APPARATUS FOR
|
DETERMINING
CEREBRAL DESATURATION IN PATIENTS UNDERGOING
|
||
12/607,648
|
10/28/2009
|
METHOD
AND APPARATUS FOR
|
SPECTROPHOTOMETRIC
BASED OXIMETRY OF SPINAL TISSUE
|
||
61/224,689
|
7/10/2009
|
METHOD
FOR SPECTROPHOTOMETRIC
|
BLOOD
OXYGENATION MONITORING OF THE LOWER GASTROINTESTINAL
TRACT
|
||
- 13 -
61/261,563
|
11/16/2009
|
METHOD
FOR SPECTROPHOTOMETRIC
|
BLOOD
OXYGENATION MONITORING OF THE LOWER GASTROINTESTINAL
TRACT
|
||
61/262,419
|
11/18/2009
|
METHOD
FOR SPECTROPHOTOMETRIC
|
BLOOD
OXYGENATION MONITORING OF THE LOWER GASTROINTESTINAL
TRACT
|
||
61/306,200
|
2/19/2010
|
METHOD
FOR SPECTROPHOTOMETRIC
|
BLOOD
OXYGENATION MONITORING OF THE LOWER GASTROINTESTINAL
TRACT
|
||
61/226,161
|
7/16/2009
|
IMPLEMENTATION
OF DIGITAL SENSOR
|
ID
FOR NIRS MONITOR
|
||
61/264,080
|
11/24/2009
|
METHOD
FOR SPECTROPHOTOMETRIC
|
BLOOD
OXYGENATION MONITORING
|
- 14 -
Schedule
B exceptions
SCHEDULE B
The National Institutes of Health (NIH), U.S. Department
of Health and Human Services (DHHS) has government purposes rights with respect
to patents 6,456,862 B2 and 7047054.
Renewal for trademarks 1,598,432, 2,353,247 and
1,550,855 is due in May 2010. The Borrower will not be renewing these
marks.