EXHIBIT 99.16
EXECUTION COPY
PATENT ASSIGNMENT
THIS PATENT ASSIGNMENT (this "Assignment") is made and entered into
as of January 21, 2005 ("Effective Date") by and between NACT
Telecommunications, Inc., a Delaware corporation ("Assignor"), and NACT
Acquisition, Inc., a Delaware corporation ("Assignee").
WHEREAS, Assignor and Assignee are parties to that certain Asset
Purchase Agreement dated January 21, 2005 (the "Agreement") pursuant to which
Assignee agreed to purchase from Assignor and Assignor agreed to sell certain of
the assets, properties, rights and business of Assignor, subject to the terms
and conditions of the Agreement; and
WHEREAS, pursuant to the Agreement, Assignor wishes to assign to
Assignee, and Assignee wishes to acquire from Assignor, the patents and
applications for patent set forth on Schedule A (collectively, the "Patents").
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Assignor hereby sells, assigns,
transfers and delivers to Assignee, the entire right, title and interest in and
to the Patents, for the United States and for all foreign countries, including,
without limitation, any continuations, divisions, continuations in part,
reissuances, reexaminations, extensions or foreign equivalents thereof, and
including the subject matter of all claims which may be obtained therefrom for
its own use and enjoyment, and for the use and enjoyment of its successors,
assigns or other legal representatives, as fully and entirely as the same would
have been held and enjoyed by Assignor if this Assignment and sale had not been
made, together with all income, royalties, damages or payments due or payable as
of the Effective Date or thereafter, including, without limitation, all claims
for damages by reason of past, present or future infringement, misappropriation
or other unauthorized use of the Patents, with the right to xxx for, and collect
the same for its own use and enjoyment, and for the use and enjoyment of its
successors, assigns, or other legal representatives.
Assignor authorizes and requests the United States Commissioner of
Patents and Trademarks to record Assignee as owner of the Patents, including,
without limitation, any continuations, divisions, continuations-in-part,
reissues, reexaminations or extensions thereof, and to issue any and all letters
patent of the United States thereon to Assignee, as assignee of the entire
right, title and interest in, to and under the same, for the sole use and
enjoyment of Assignee, its successors, assigns or other legal representatives.
IN WITNESS WHEREOF, Assignor and Assignee have caused this
Assignment to be executed by their duly authorized representatives as of the
Effective Date.
NACT TELECOMMUNICATIONS, INC. NACT ACQUISITION, INC.
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxxxxxxx X. Xxxxxxxx
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Name: Xxxxxx X. Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxxx
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Title: Vice President Title: Vice President
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SCHEDULE A
U.S. Patent Serial No. 09/821,256 for System, Apparatus and Method for Voice
over Internet Protocol Telephone Calling Using Enhanced Signaling Packets and
Localized Time Slot Interchanging, filed March 29, 2001
U.S. Patent Serial No. 10/147,289 for System, Apparatus and Method for
Dynamically Mapping Virtual Signaling System 7 Circuit Identification Codes for
Use Between VoIP Gateways on IP Networks, filed May 16, 2002
