Exhibit

10.14A




 




AMENDMENT TO EXCLUSIVE

LICENSE AGREEMENT




BETWEEN




THE WASHINGTON RESEARCH

FOUNDATION




AND




OSTEX INTERNATIONAL, INC.




 




This Amendment is made as of September 5, 2002 (the

“Effective Date”), by and between the Washington Research Foundation, a not-for-profit

Washington corporation (“WRF”), and Ostex International, Inc., a Washington

corporation (“Ostex”).  This Amendment

amends the Exclusive License Agreement by and between the WRF and Ostex made on

February 10, 1994 (“Agreement”).




 




Recitals




 




A.  Whereas the

WRF has granted Ostex an exclusive license to the Osteoclast Colony Stimulating

Factor (O-CSF) technology (the “Technology”) in accordance with the terms and

conditions set forth in the Agreement.




 




B.  Whereas the

Parties now desire to memorialize their understanding that the licensed Patent

Rights include the tartrate-resistant acid phosphatase (TRAP) technology

disclosed in U.S. Provisional Application No. 60/044,033.




 




Agreements




 




Therefore, for good and valuable consideration, the

receipt and sufficiency of which are hereby acknowledged, the Parties agree as

follows:




 




1.                                       Definition of Patent Rights.   

Paragraph 1.3 of the Agreement is hereby deleted and replaced with the

following new Paragraph 1.3:




 




1.3  “Patent

Rights” means the WRF’s rights to any and all matter claimed in or disclosed by

U.S. Patent Application Serial No. 07/770,042, filed October 1, 1991, and U.S. Provisional Application No. 60/044,033, filed

April 22, 1997, and WRF’s rights, if any,

in any divisions, continuations, continuations-in-part, or reissues

arising therefrom and issuing thereon. 

Patent Rights also means any rights derived from any matter claimed in

or disclosed by any foreign patent application(s) related to, derived from, or

claiming priority from U.S. Patent Application Serial No. 07/770,042 or U.S. Provisional Application No. 60/044,033.  As of September 5, 2002, such patent

applications are listed in Appendix E, hereby incorporated by reference.




 




1





























 




2.                                       Appendix E.  Appendix E

of the Agreement is amended, replaced and superceded in its entirety by the new

Appendix E attached hereto as Exhibit 1.




 




3.                                       Ratification of Agreement. 

The Agreement is hereby reaffirmed and ratified by the parties

thereto.  Except as specifically

provided for herein, all of the terms and conditions of the Agreement shall

remain unmodified and in full force and effect.




 




In witness thereof, the Parties have caused this

Amendment to be executed by its duly authorized officers as of the date first

written above.




 




	

  Washington Research Foundation


  	

   


  	

  Ostex International, Inc.


  
	

   


  	

   


  	

   


  
	

  /s/ Ronald S. Howard


  	

   


  	

  /s/ Thomas A. Bologna


  	

   


  
	

  By: Ronald S. Howell


  	

   


  	

  By: Thomas A. Bologna


  
	

  President


  	

   


  	

  Chairman,

  President and CEO


  





 




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Exhibit

1




 




APPENDIX

E — LIST OF PATENT APPLICATIONS




 




	

  Country


  	

   


  	

  Application No.


  	

   


  	

  Filing Date


  	

   


  	

  Status


  
	

   


  	

   


  	

   


  	

   


  	

   


  	

   


  	

   


  
	

  United States


  	

   


  	

  07/770,042


  	

   


  	

  10/1/91


  	

   


  	

  Abandoned


  
	

  United States


  	

   


  	

  07/954,586


  	

   


  	

  9/30/92


  	

   


  	

  Abandoned


  
	

  United States


  	

   


  	

  08/305,213


  	

   


  	

  9/13/94


  	

   


  	

  Abandoned


  
	

  International


  	

   


  	

  PCT/US92/08322


  	

   


  	

  9/30/92


  	

   


  	

  Abandoned


  
	

  Taiwan


  	

   


  	

  81107753


  	

   


  	

  9/30/92


  	

   


  	

  Abandoned


  
	

  United States


  	

   


  	

  08/477,598


  	

   


  	

  6/7/95


  	

   


  	

  Abandoned


  
	

  United States


  	

   


  	

  08/472,476


  	

   


  	

  6/7/95


  	

   


  	

  Abandoned


  
	

  United States


  	

   


  	

  08/486,187


  	

   


  	

  6/7/95


  	

   


  	

  Abandoned


  
	

  United States


  	

   


  	

  08/475,661


  	

   


  	

  6/7/95


  	

   


  	

  Abandoned


  
	

  United States


  	

   


  	

  08/904,919


  	

   


  	

  8/1/97


  	

   


  	

  Abandoned


  
	

  United States


  	

   


  	

  60/044,033


  	

   


  	

  4/22/97


  	

   


  	

  Abandoned


  
	

  United States


  	

   


  	

  09/063,958


  	

   


  	

  4/21/98


  	

   


  	

  USPN 6,190,412, issued 2/20/01


  
	

  United States


  	

   


  	

  09/785,614


  	

   


  	

  2/16/01


  	

   


  	

  Pending


  
	

  International


  	

   


  	

  PCT/US98/08031


  	

   


  	

  4/21/98


  	

   


  	

  Nationalized in EPO and Japan


  
	

  Europe


  	

   


  	

  98 918533.5


  	

   


  	

  4/21/98 Int.


  	

   


  	

  Pending


  
	

  Japan


  	

   


  	

  10-546279


  	

   


  	

  4/21/98 Int.


  	

   


  	

  Pending


  





 




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