EXHIBIT 10.6
AMENDED AND RESTATED
EXCLUSIVE LICENSE AGREEMENT
MADE this 28th day of January, 2004, by and between Xxxxxxxx Family
Ventures, LLC, a Limited Liability Company organized and existing under the laws
of the State of Maryland (hereinafter called "XXXXXXXX") and Guidant
Corporation, a corporation organized under the laws of the State of Indiana
(hereinafter called "GUIDANT").
WHEREAS, XXXXXXXX is the owner of United States Letters Patents as more
fully set forth on Exhibit A hereto;
WHEREAS, XXXXXXXX is the owner of United States Patent Applications as
more fully set forth on Exhibit B hereto;
WHEREAS, XXXXXXXX is the owner of each of the corresponding foreign
patents and patent applications set forth on Exhibit C hereto;
WHEREAS, XXXXXXXX and GUIDANT desire to amend and restate the
relationship between the parties that currently exists by virtue of the
Exclusive License Agreement dated the 30th day of January 1973 between MEDRAD,
Inc. and Xxxxxxxxxx Xxxxxxxx as amended, as assigned to Xxx Lilly and Company,
and sub-licensed on October 18, 1994 to Cardiac Pacemakers, Inc. ("the Prior
Agreements"), and further, to restate the grant to GUIDANT of the sole and
exclusive worldwide license for the use of said patents, patent applications,
and inventions set forth on Exhibits A, B, and C hereto, together with any
improvements or modifications thereto, developed by XXXXXXXX;
WHEREAS, Xxx Lilly and Company is not a party to this Exclusive License
Agreement, has no rights or obligations under this Exclusive License Agreement,
and
will have no further rights or obligations under the Prior Agreements; and
XXXXXXXX and GUIDANT understand that Xxx Lilly and Company has consented by
separate agreement to this Exclusive License Agreement and the changes and
terminations effected thereby;
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants hereinafter set forth, and of the good and valuable consideration
flowing from each party to the other, the parties hereto, intending to be
legally bound hereby, covenant and agree as follows:
ARTICLE I
Definitions
For the purpose of this Exclusive License Agreement the following terms
shall have the following meanings:
Section 1. Patent Rights. The term "Patent Rights" means the rights to
the subject matter of all inventions which are contained in or are disclosed by,
and which are covered by valid, unexpired claims of:
(i) United States Letters Patents set forth on Exhibit A hereto;
(ii) United States Reissue Application No. 10/214,474 and any
patent that may issue therefrom;
(iii) United States Patent Applications reflected on Exhibit B
hereto and any patent or patents that may issue therefrom;
(iv) the corresponding foreign patents and patent applications set
forth on Exhibit C hereto;
2
(v) any and all divisions, continuations, reissues and extensions
of any of the foregoing patents and patent applications; and
(vi) such other U.S. or foreign patent applications or patents as
may be designated by mutual agreement of the parties hereto.
Section 2. Improvement. The term "Improvement" means any future
inventions, plans, drawings, specifications, techniques, data and technical
information directly relevant to the development, engineering, design,
installation, use, or sale, of any device included in the Patent Rights, whether
or not such information includes patentable subject matter.
Section 3. Implantable defibrillator. The term "Implantable
Defibrillator" means any implantable or semi-implantable defibrillator or
cardioverter or any other device or method which is covered by any of the Patent
Rights of the Exclusive License Agreement.
Section 4. Net Sales, Rental or Lease. The term "Net Sales, Rental or
Lease" means the total aggregate selling price received by GUIDANT for the
initial sale of a device, its parts or components, and the total aggregate
rental or lease price received by GUIDANT for a device, its parts or components
after the deduction of all discounts, sales, use and similar taxes, and delivery
costs.
Section 5. Sold. The term "Sold" means billed out, or paid for if paid
for before delivery.
3
ARTICLE II
Grant and Extent of Exclusive License
Section 1. XXXXXXXX hereby grants to GUIDANT the sole and exclusive
license and right to manufacture, use, sell, rent and lease or otherwise dispose
of any and all devices under the Patent Rights and or any Improvements thereof
throughout the United States, its territories and possessions, and in any and
all foreign countries, subject to the terms and conditions set forth in this
Exclusive License Agreement.
Section 2. GUIDANT shall have the right to grant sub-licenses to others
and to collect royalties therefrom; provided, however, that GUIDANT shall
continue to be responsible to XXXXXXXX for royalties as provided for in Article
III hereof to the same extent as if all manufacture, use, sale, rental, lease or
other disposition by a GUIDANT sub-licensee were manufacture, use, sale, rental,
lease or other disposition made by GUIDANT.
Section 3. GUIDANT shall, and shall so obligate its sub-licensees, to
xxxx all devices manufactured, used, sold, rented or leased under the Patent
Rights in accordance with the patent notice requirements of the country in which
such devices are manufactured, used, sold, rented or leased.
Section 4. GUIDANT agrees, during the term of this Exclusive License
Agreement, to diligently exert its best efforts to prosecute any pending or
mutually agreed to future applications within the patent Rights. Guidant also
agrees to diligently exert its best efforts to create a demand for each device
included in the Patent Rights, to increase and extend its business, and to make
every effort to supply the demand for each such device, provided, however, that
Guidant may elect as to any patent in Patent Rights at any time prior to the
earlier of two years after issuance of such patent or six (6) years after such
patent's filing date not to exercise its best efforts to commercialize devices
4
included in such patent. Such election will be by written notice to XXXXXXXX,
and XXXXXXXX may, at any time after receiving such notice by written notice to
GUIDANT, terminate this Agreement as to the patent identified in the notice,
whereupon GUIDANT shall have no right or interest thereunder in such identified
patent. If, on such termination, no unexpired Patent Rights remain, XXXXXXXX or
GUIDANT may elect to terminate the Agreement.
Section 5. Unless previously terminated as hereinafter provided, the
term of the exclusive license under the Patent Rights shall be from and after
the date of this Exclusive License Agreement until the expiration date of the
last to expire of the Patent Rights.
Section 6. GUDIANT may assign any license granted herein to any
corporation in which it holds a majority interest, or to any corporate entity
which is the successor to GUIDANT.
Section 7. GUIDANT shall as promptly as may be practicable inform
XXXXXXXX of any Improvement which it may make or acquire and vice versa.
ARTICLE III
Payments and Royalties
Section 1. In consideration for the exclusive license granted herein,
GUIDANT shall:
A. Pay to XXXXXXXX during the term of this Exclusive License
Agreement as follows:
5
(i) three percent (3%) of the Net Sales, Rental or Lease
received by GUIDANT for Implantable Defibrillators,
their parts and components sold by GUIDANT.
(ii) three percent (3%) of the Net Sales, Rental or Lease
received by GUIDANT for lead devices even though not
covered under patent rights if the lead devices are
sold by GUIDANT with an Implantable Defibrillator.
(iii) four percent (4%) of the Net Sales, Rental or Lease
received by GUIDANT for any other device sold by
GUIDANT with an Implantable Defibrillator, and for
use with the Implantable Defibrillator during the
implant procedure, even though not covered under
Patent Rights, including, without limitation, Rapido
dual catheters but excluding devices subject to
Article III, Section 1, Subparagraph A(ii).
B. Pay to XXXXXXXX during the term of this Exclusive License
Agreement an annual minimum royalty of $10,000.
Section 2. Payments and Royalties under Article III, Section 1,
Subparagraph A(i), shall be payable only on devices which are covered, in the
country of manufacture, use, sale, rental or lease, by one or more valid claims
of a patent application or an unexpired patent included in the Patent Rights.
6
Section 3. All royalty payments due XXXXXXXX by GUIDANT under Article
III, Section 1, Subparagraph A, shall become due thirty (30) days following the
end of each fiscal quarter of GUIDANT for all sales, rental or lease during such
fiscal quarter.
Section 4. All minimum royalty payments due XXXXXXXX by GUIDANT under
Article III, Section 1, Subparagraph B, shall be paid in equal quarterly
installments and shall become due thirty (30) days following the end of each
fiscal quarter of GUIDANT.
Section 5. GUIDANT shall have the right to credit minimum royalty
payments under Article III, Xxxxxxx 0, Xxxxxxxxxxxx X against royalties payable
under Article III, Section 1, Subparagraph A, and GUIDANT shall have the right
to credit payments made under Article III, Section 1, Subparagraph A against
minimum royalty payments regardless of the year in which such payments are made.
Section 6. All sums payable by GUIDANT to XXXXXXXX under the terms of
this Exclusive License Agreement shall be payable to XXXXXXXX in United States
dollars without deduction for any taxes or any other charges.
ARTICLE IV
Books, Reports and Records
GUIDANT shall maintain full and complete books and records of all
sales, rentals and leases upon which royalties are payable under this Exclusive
License Agreement. Within thirty (30) days after the end of each fiscal quarter
of GUIDANT, GUIDANT shall furnish to XXXXXXXX a full written report setting
forth the Net Sales, Rental or Leases of all devices upon which royalties are
payable. XXXXXXXX and its designated accountants or attorneys shall have the
right to examine such books and records of GUIDANT during normal business hours,
after first giving reasonable written notice.
7
ARTICLE V
Breach of Contract, Termination
Section 1. If GUIDANT shall, at any time during the term of this
Exclusive License Agreement:
(i) default in the making of any report required in Article IV to
be made by GUIDANT to XXXXXXXX under the terms of this
Exclusive License Agreement, and such default shall continue
for a period of thirty (30) days after XXXXXXXX gives written
notice of such default to GUIDANT; or
(ii) default in the performance of any other obligation or
undertaking contained in this Exclusive License Agreement on
the part of GUIDANT, and such default shall continue for a
period of thirty (30) days after XXXXXXXX gives written notice
of such default to GUIDANT, XXXXXXXX may, at its option,
terminate the exclusive portion of this Exclusive License
Agreement by thirty (30) days written notice to GUIDANT and
GUDIANT shall retain a royalty bearing Non-exclusive License
to manufacture, sell, use or otherwise dispose of products
developed by GUIDANT under the terms of this License Agreement
and GUIDANT shall pay royalties in accordance with Article
III.
Section 2. XXXXXXXX shall have the right, by thirty (30) days written
notice to GUIDANT, to terminate this Exclusive License Agreement at any time
upon or after:
(i) an adjudication that GUIDANT is bankrupt or insolvent; or
(ii) the filing by GUIDANT of a petition in bankruptcy or a
petition or answer seeking reorganization, readjustment or
rearrangement of its business or affairs, under any law or
governmental regulation relating to bankruptcy or insolvency;
or
8
(iii) the appointment of a receiver of the business for all or
substantially all the property of GUIDANT;
(iv) the making by GUIDANT of an assignment or attempted assignment
of assets for the benefit of its creditors; or
(v) the institution by GUIDANT of any proceedings for the
liquidation or termination of its business or affairs or for
the termination of its corporate character.
Section 3. Termination of this Exclusive License Agreement pursuant to
the terms hereof shall not in any way operate to impair or destroy any of
XXXXXXXX'X rights or remedies either by law or in equity, or to relieve GUIDANT
of any of its obligations to pay royalties, or to comply with any other of its
agreements hereunder, accrued prior to the effective date of termination.
However, GUIDANT shall have the right to complete orders on hand or work in
progress at the time of termination.
Section 4. Failure or delay by XXXXXXXX to exercise its right of
termination hereunder by reason of any default of GUIDANT in carrying out any
obligation imposed upon it by this Exclusive License Agreement shall not operate
to prejudice XXXXXXXX'X right of termination for any other or subsequent default
by GUIDANT.
ARTICLE VI
Warranties and Representations
Section 1. XXXXXXXX represents and warrants, which representations and
warranties shall be continuous, that:
9
It has the full and complete right to give and grant to GUIDANT the
sole and exclusive License hereinbefore set forth.
Section 2. GUIDANT represents and warrants, which representations and
warranties shall be continuous, that it has all appropriate corporate authority
to enter into this Agreement.
ARTICLE VII
Infringement Actions
Section 1. If any action or suit shall be brought against GUIDANT for
alleged infringement of any patent or patent right in connection with devices
licensed under this Exclusive License Agreement, GUIDANT shall control the
defense of such action or suit and shall pay all costs and expenses of defending
such action or suit and shall pay any judgment, award, or decree that may be
rendered against GUIDANT as a result of such action or suit. In the event that,
as a result of such action or suit, either by judgment of a court or by
reasonable voluntary settlement of the action or suit, GUIDANT shall be required
to pay a royalty to another on any device or devices covered by the Patent
Rights, the amount of such royalty to another shall be deductible from the
royalty otherwise payable to XXXXXXXX, under Article III, Section 1,
Subparagraph A, for such device or devices, parts or components, provided,
however, that such deduction shall not exceed 50% of the royalty otherwise
payable to XXXXXXXX.
Section 2. GUIDANT shall have the right to bring and conduct suit or
actions in its name against others for infringement of any patent subject to
this Exclusive License Agreement, the same as if such patent were the exclusive
property of GUIDANT; and GUIDANT shall, subject to mutual agreement between
GUIDANT and XXXXXXXX,
10
bring and conduct suit or actions against any infringer whose annual sales,
rentals and leases of infringing devices exceed $75,000. XXXXXXXX agrees to join
as a party plaintiff in any infringement suit or action brought by GUIDANT under
the terms of this Exclusive License Agreement; and XXXXXXXX shall have the right
to participate in any infringement suit or action brought by GUIDANT under the
terms of this Exclusive License Agreement. GUIDANT shall pay all costs and
expenses of such suit or action, and shall be entitled to the proceeds thereof.
However, the proceeds of such suit or action, less all costs and expenses
incurred by GUIDANT in connection therewith, shall be divided equally between
GUIDANT and XXXXXXXX.
Section 3. XXXXXXXX shall have the right to notify GUIDANT of any
infringement of any patent subject to this Exclusive License Agreement. If
GUIDANT declines to initiate an infringement suit or action against any
infringer, after thirty (30) days written notice from XXXXXXXX, then XXXXXXXX
shall have the right to bring an infringement suit or action against such
infringer, at its own expense and to the exclusion of GUIDANT, and shall be
entitled to the full recovery derived from such suit or action.
Section 4. For purposes of this Exclusive License Agreement, GUIDANT
agrees not to challenge the validity of any claim of U.S. Patent No. RE38,119
unless there is a non-appealable final judgment of invalidity for each such
claim.
GUIDANT agrees not to cause or participate in (unless required by law)
reexamination of U.S. Patents reflected in Exhibit A hereto, and, except as
provided in the immediately preceding paragraph, further agrees not to cause its
Affiliates, agents, attorneys or representatives to challenge the validity or
enforceability of the U.S. Patents reflected in Exhibit A hereto, or assist a
third party to do so unless required by law.
11
With respect to this Exclusive License, if GUIDANT commences sale for
the first time after the execution of this Exclusive License Agreement of a new
GUIDANT device ("New Device") or a GUIDANT device that has different
functionality from devices sold before execution of this Exclusive License
Agreement ("Modified Device"), and, if GUIDANT is not paying royalties on such
New Device or Modified Device and XXXXXXXX believes that such New Device or
Modified Device infringes one or more of the Patent Rights, XXXXXXXX shall
notify GUIDANT of such infringement. GUIDANT shall have ninety days to cure the
nonpayment of royalties. If GUIDANT fails to pay such royalties within the cure
period and continue payment thereunder, XXXXXXXX shall have the right to
terminate the Exclusive License Agreement as to that Patent Right.
GUIDANT, while maintaining its Exclusive License Agreement, shall have
the right to challenge the validity and enforceability of any Patent Right as it
pertains to the sale of any New Device or Modified Device, and shall have the
right to challenge XXXXXXXX'X assertion of infringement of any Patent Right with
respect to the sale of any New Device or Modified Device through a Declaratory
Judgment action in the Delaware federal district court if GUIDANT pays the
royalty that would otherwise be due into an escrow fund mutually agreed to
between the parties for such purpose. In such action, XXXXXXXX shall not make
claims for willful infringement or punitive damages and XXXXXXXX shall not seek
injunctive relief. In any such litigation, each party shall bear its own
attorney's fees and costs. The determination of the royalty obligations with
respect to the products in dispute and the disbursement of the funds in the
escrow fund shall be determined by a final non-appealable judgment of the
Delaware federal district court or an appellate court thereto.
12
ARTICLE VIII
Other Products
Subject to the provisions of Article III, Section 1, Subparagraph
A(ii), GUIDANT shall not be precluded or estopped by this Exclusive License
Agreement from manufacturing, using, selling, renting, leasing or otherwise
dealing in other products which are not recovered by the exclusive license
granted in Article II, Section 1, herein, and at all times GUIDANT shall have
the same right and liberty of manufacturing, using, selling, renting, leasing or
otherwise dealing in products not covered by the exclusive license granted in
Article II, Section 1, herein, as others not parties hereto.
ARTICLE IX
Patents, Future Inventions, Modifications and Improvements
Section 1. Any and all inventions, modifications, improvements,
developments or discoveries (hereinafter termed "future developments") which
XXXXXXXX shall hereafter and during the term of this Exclusive License Agreement
make, come upon, invent, discover or otherwise acquire, relevant to any device
included in the license granted in Article II, Section 1, herein, shall at the
option of GUIDANT immediately become subject to each and every of the provisions
of this Exclusive License Agreement, thereby being included in the sole and
exclusive license to GUIDANT under Article II, Section 1, and royalty bearing
under Article III, Section 1, Subparagraph A. GUIDANT may avail itself of the
option granted in this Article IX, Section 1, by giving written notice to
XXXXXXXX within four (4) months of becoming aware of such future developments.
XXXXXXXX shall promptly advise GUIDANT of all such future developments, and
shall retain the full right, title and interest in and to such future
13
developments, shall apply for patent on such future developments, in his own
name and through patent counsel mutually agreed upon. GUIDANT shall pay all
costs and expenses relating to the filing, prosecution, grant and maintenance of
any application for patent on such future developments. If GUIDANT fails to
exercise its option by giving XXXXXXXX such notice of interest within four (4)
months, or if GUIDANT selects not to pay such costs and expenses relating to any
such application for patent, then XXXXXXXX shall have the right to pursue such
application in its own name, and GUIDANT shall have no rights thereto or
thereunder which are not otherwise granted by this Exclusive License Agreement.
In any event, GUIDANT shall cooperate with XXXXXXXX, if so requested, in the
filing and prosecution of any such application for patent.
Section 2. Immediately upon execution of this Exclusive License
Agreement, GUIDANT shall continue the payment of all future costs and expenses
relating to obtaining and maintaining, including filing fees, prosecution
charges and issue and printing fees, or all of the patents and patent
applications recited in Article 1, Patent Rights, in this Exclusive License
Agreement. XXXXXXXX shall control the prosecution of each such patent and patent
application in consultation with GUIDANT, through mutually acceptable patent
counsel, and GUIDANT shall cooperate with XXXXXXXX, if so requested, in the
filing and prosecution of any such application for patent. GUIDANT shall be
entitled, at its option, to receive copies of all papers generated in connection
with the filing and prosecution of any such patent and patent application.
Section 3. Upon issuance by the U.S. Patent and Trademark Office of any
new patent, pursuant to Article IX, GUDIANT shall, within the appropriate
statutory time
14
period, file for a foreign patent in all foreign jurisdictions mutually agreed
to by GUIDANT and XXXXXXXX and shall continue the payment of all future costs
and expenses relating to obtaining and maintaining such foreign patent(s).
ARTICLE X
License to Other
Except as specifically permitted in this License Agreement, XXXXXXXX
shall not, during the term of the exclusive license granted herein, make, use or
sell any device falling within the claims of any patent subject thereto, or any
future development, or grant any other license, with respect to any subject
matter to which GUIDANT has a sole and exclusive license.
ARTICLE XI
Return of Improvements
Upon termination of this Exclusive License Agreement pursuant to
Article V, all rights and licenses of the parties hereunder shall immediately
terminate, and GUIDANT shall immediately return to XXXXXXXX information relating
to any Improvements obtained from XXXXXXXX hereunder.
ARTICLE XII
Parties in Interest
All the terms and conditions hereof shall inure to and be binding upon,
the parties hereto and their respective successors and assigns.
15
ARTICLE XIII
Notices
All notices or other communications required or permitted hereunder
shall be in writing and shall be deemed to have been sufficiently given if
mailed first class, postage pre-paid, registered or certified mail as follows:
If to GUIDANT: Guidant Corporation
000 Xxxxxxxx Xxxxxx
00xx Xxxxx
Xxxxxxxxxxxx, XX 00000
Attn: General Counsel
If to XXXXXXXX: Xxxxxxxx Family Ventures, LLC
00000 Xxxx Xxxxx Xxxxx
Xxxxxx, XX 00000
Attn: Ginat X. Xxxxxxxx, D.M.D., M.D.
ARTICLE XIV
Miscellaneous
Section 1. Any titles to Articles, Sections or Subsections of this
Exclusive License Agreement have been inserted merely for convenience of
reference, and shall in no way restrict or modify any of the terms or provisions
of this Exclusive License Agreement.
Section 2. This Exclusive License Agreement has been executed and will
be consummated in the State of Indiana, and is to be governed and interpreted by
the laws of the State of Indiana.
Section 3. This Exclusive License Agreement may be executed in any
number of counterparts, each of which when so executed and delivered shall be
deemed to be an original, but such counterparts together shall constitute but
one and the same agreement.
16
Section 4. This Exclusive License Agreement sets forth the entire
agreement and understanding between the parties as to the subject matter hereof,
merges all prior discussions therebetween, merges the Prior Agreements into this
agreement, and may be amended only by a written agreement executed by the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
ATTEST: GUIDANT CORPORATION
/s/ Xxxxxxx X. Xxxxx By /s/ Xxxxxx X. Xxxxxxx
XXXXXX X. XXXXXXX
President and Chief Executive Officer
WITNESS: XXXXXXXX FAMILY VENTURES, LLC
/s/ Xxxxxxx X. Xxxxx By /s/ Ginat X. Xxxxxxxx, D.M.D., M.D.
GINAT X. XXXXXXXX, D.M.D., M.D.
General Manager and President
17
EXHIBIT A
4,592,367
4,603,705
4,662,377
4,667,328
4,705,043
4,726,024
4,768,512
4,796,620
4,817,608
4,819,643
4,928,688
4,969,463
5,052,407
5,063,932
5,191,901
5,476,497
RE38,119
D316,145
EXHIBIT B
U.S. Application No. 10/625,126
U.S. Application No. 10/654,959
U.S. Application No. 10/656,222
2
EXHIBIT C
1) All foreign applications and patents that correspond to the patents
listed in Exhibit A, including but not limited to:
AU580979 B2 AU571404 B2 CA1309468C CA1272292 A1
XX0000000 A AU4193985 A DE3637822 A1 DE3790186 C2
CA1260547 A1 CA1261405 A1 XX0000000 A1 DE3790186 T
XX0000000 X0 XX0000000 X0 XX0000000 B1 EP0240428 A2
DE3505280 C2 XX0000000 C2 GB2182852 A EP0240428 A3
FR2559908 A1 FR2563736 A1 GB2182852 B EP0240428 B1
FR2559908 B1 FR2563736 B1 GB8626681 D0 EP0240428 B2
GB2154771 A GB2157954 A XX0000000 C GB2197511 A
GB2154771 B GB2157954 B JP3070981 B GB2197511 B
XX0000000 D0 GB8507324D0 JP62117569 A GB8726113 D0
IL74281 A IL74722 A NL191082 C JP63501178 T
IL74281 D0 IL74722 D0 NL191082 B JP63501178 W
JP1801679 C JP1653677 C NL8602828A NL193005 B
XX0000000 B JP3018469 B NL8720169 A
JP60193474 A JP60249972 A NL8720169 T
NL192027 B NL191671 B NL193005 C
NL192027 C NL191671 C WO8706038 A1
NL8500486 A NL8501260 A
CA1318942 C CA1304136 C CA1323071 C CA1310703 C
DE3715822 A1 DE3715823 A1 DE3818136 A1 XX0000000 A1
DE3715822 C2 DE3715823 C2 XX0000000 A1 XX0000000 C2
FR2606645 A1 XX0000000 A1 XX0000000 B1 FR2606644 A1
FR2606645 B1 XX0000000 B1 XX0000000 A FR2606644 B1
GB2190296 A GB2190505 A XX0000000 B GB2198044 A
GB2190296 B GB2190505 B GB8811814 D0 GB2198044 B
GB8710771 D0 GB8710447 D0 JP1076877 A GB8726531 D0
JP1725911 C JP1842035 C JP1728005 C JP1706037C
JP4012148 B JP5054976 B JP4012994 B JP3071908 B
JP63029664 A JP63035229 A NL188560 B JP63212375 A
NL191672 B NL191831 B NL188560 C NL191698 B
NL191672 C NL191831 C NL8801352 A NL191698 C
NL8701123 A NL8701140 A NL8702741 A
AU631088 B2 AU613481 B2 AU643458 B2
AU5823990 A AU3372989 A AU6326090 A
XX0000000 A1 BE1004208 A5 CA2026853 A1
XX0000000 C CA1334030 C CA2026853 C
DE69030767 D1 DE3912377 A1 DE4030642 A1
3
DE69030767 T2 DE3912377 C2 DE4030642 C2
DE69030767 E FR2630013 A1 FR2652505 A1
EP0476017 A1 FR2630013 B1 FR2652505 B1
EP0476017 A4 GB2217993 A GB2236484 A
EP0476017 B1 GB2217993 B GB2236484 B
ES2103742 T3 GB89008506 D0 GB9020914 D0
HK1007972 A1 JP1769388 C GB2265551 A
JP2625032 B2 JP2063478 A GB2265551 B
JP5504489 T JP4058347 B GB9311914 D0
JP5504489 W NL194068 B IT1241713 B
WO9014860 A1 NL194068 C IT9067751 D0
NL8900925 A JP2873069B2 B2
JP3133467 A
NL 195035 C
NL 9002142 A
2) All foreign applications and patents that will correspond to the
applications Listed in Exhibit B.
None currently filed.
4