Exhibit 10.3


 


PLEDGE
AND SECURITY AGREEMENT


 


THIS PLEDGE AND SECURITY AGREEMENT (as the same may
be amended, restated, supplemented or otherwise modified from time to time,
this “Security Agreement”) is entered into as of November [    ],
2008 by and between ACUSPHERE, INC., a Delaware corporation (the “Grantor”),
and CEPHALON, INC., a Delaware corporation (the “Secured Party”).


 


PRELIMINARY STATEMENT


 


The Grantor is entering into this Security Agreement
in order to induce Secured Party to make a loan of $15,000,000 to the Grantor
that is evidenced by that certain Senior Convertible Note of event date
herewith payable by the Grantor to Secured Party (the “Note”).


 


ACCORDINGLY, the Grantor and Secured Party hereby agree as follows:


 


ARTICLE
I



DEFINITIONS


 


1.1.                              Terms Defined in
the Note.  All capitalized terms used herein and not
otherwise defined shall have the meanings assigned to such terms in the Note.


 


1.2.                              Terms Defined in
Delaware UCC.  Terms defined in the Delaware UCC which are
not otherwise defined in this Security Agreement are used herein as defined in
the Delaware UCC.


 


1.3.                              Definitions of
Certain Terms Used Herein.  As used in this Security
Agreement, in addition to the terms defined in the Preliminary Statement, the
following terms shall have the following meanings:


 


“Accounts” shall have the meaning set forth in Article 9 of
the Delaware UCC.


 


“Article” means a numbered article of this Security Agreement,
unless another document is specifically referenced.


 


“Chattel Paper” shall have the meaning set forth in Article 9
of the Delaware UCC.


 


“Collateral” means all Accounts, Chattel Paper, Commercial Tort
Claims, Copyrights, Deposit Accounts, Documents, Equipment, Farm Products,
Fixtures, General Intangibles, Goods, Instruments, Inventory, Investment
Property, letters of credit, Letter-of-Credit Rights, Licenses, Patents,
Pledged Deposits, Supporting Obligations, Trademarks and Other Collateral,
wherever located, in which the Grantor now has or hereafter acquires any right
or interest, and the


 

















 


proceeds (including Stock Rights), insurance
proceeds and products thereof, together with all books and records, customer
lists, credit files, computer files, programs, printouts and other computer
materials and records related thereto; provided, however that notwithstanding
any provision herein to the contrary, the Collateral shall not include any
Excluded Property.


 


“Commercial Tort Claims” means those certain currently existing
commercial tort claims, as defined in the Delaware UCC of the Grantor,
including each commercial tort claim specifically described in Exhibit “F”.


 


“Control” shall have the meaning set forth in Article 8 or,
if applicable, in Section 9-104, 9-105, 9-106 or 9-107 of Article 9
of the Delaware UCC.


 


“Copyrights” means, with respect to any Person, all of such
Person’s right, title, and interest in and to the following:  (a) all copyrights, rights and interests
in copyrights, works protectable by copyright, copyright registrations, and
copyright applications; (b) all extensions of any of the foregoing; (c) all
income, royalties, damages, and payments now or hereafter due and/or payable
under any of the foregoing, including, without limitation, damages or payments
for past or future infringements for any of the foregoing; (d) the right
to sue for past, present, and future infringements of any of the foregoing; and
(e) all rights corresponding to any of the foregoing throughout the world.


 


“Delaware UCC” means the Delaware Uniform Commercial Code as in effect from time to time.


 


“Deposit Accounts” shall have the meaning set forth in Article 9
of the Delaware UCC.


 


“Documents” shall have the meaning set forth in Article 9
of the Delaware UCC.


 


“Equipment” shall have the meaning set forth in Article 9
of the Delaware UCC.


 


“Excluded Property” means (a) (i) all “Collateral” as
defined in the Master Security Agreement between General Electric Capital
Corporation and the Grantor dated as of April 16, 2004, as amended prior
to the date hereof, (ii) all “Collateral” as defined in the Master
Security Agreement between Oxford Finance Corporation and the Grantor dated as
of June 20, 2005, as amended prior to the date hereof and (iii) all “Property”
as defined in the Leasehold Mortgage and Security Agreement between the Grantor
and Massachusetts Development Finance Agency dated as of March 24, 2005,
as amended prior to the date hereof, and (b) any Intellectual Property,
license, permit, contract or agreement to the extent that, but only to the
extent that and for so long as, a grant of a security interest therein
constitutes (or would constitute) or results (or would result) in the
abandonment, invalidation or unenforceability of any right, title or interest
of the Grantor in such Intellectual Property or results (or would result) in a
breach of the terms of, or constitutes (or would constitute) a default under,
any such license, permit, contract or agreement.


 


“Exhibit” refers to a specific exhibit to this Security
Agreement, unless another document is specifically referenced.


 


“Farm Products” shall have the meaning set forth in Article 9
of the Delaware UCC.


 


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“Fixtures” shall have the meaning set forth in Article 9 of
the Delaware UCC.


 


“GAAP” means generally accepted accounting principles in the
United States and applied on a consistent basis


 


“General Intangibles” shall have the meaning set forth in Article 9
of the Delaware UCC and, in any event, includes payment intangibles, contract
rights, rights to payment, rights arising under common law, statutes, or
regulations, choses or things in action, goodwill (including the goodwill
associated with any Trademark), Patents, Trademarks, Copyrights, URLs and
domain names, Industrial Designs, other industrial or Intellectual Property or
rights therein or applications therefor, whether under license or otherwise,
programs, programming materials, blueprints, drawings, purchase orders,
customer lists, monies due or recoverable from pension funds, route lists,
rights to payment and other rights under any royalty or licensing agreements,
including Intellectual Property Licenses, infringement claims, computer
programs, information contained on computer disks or tapes, software,
literature, reports, catalogs, pension plan refunds, pension plan refund
claims, insurance premium rebates, tax refunds, and tax refund claims,
interests in a partnership or limited liability company which do not constitute
a security under Article 8 of the Delaware UCC, and any other personal
property other than Commercial Tort Claims, money, Accounts, Chattel Paper,
Deposit Accounts, Goods, Investment Property, negotiable Collateral, and oil,
gas, or other minerals before extraction.


 


“Goods” shall have the meaning set forth in Article 9 of
the Delaware UCC.


 


“Industrial Designs” means (i) registered industrial
designs and industrial design applications, and also includes registered
industrial designs and industrial design applications listed in Exhibit “B”,
(ii) all renewals, divisions and any industrial design registrations
issuing thereon and any and all foreign applications corresponding thereto, (iii) all
income, royalties, damages and payments now and hereafter due or payable under
and with respect thereto, including payments under all licenses entered into in
connection therewith and damages and payments for past or future infringements
thereof, (iv) the right to sue for past, present and future infringements
thereof, and (v) all of the Grantor’s rights corresponding thereto
throughout the world.


 


“Instruments” shall have the meaning set forth in Article 9
of the Delaware UCC.


 


“Intellectual Property” means all Patents, Trademarks,
Copyrights and any other intellectual property.


 


“Inventory” shall have the meaning set forth in Article 9
of the Delaware UCC.


 


“Investment Property” shall have the meaning set forth in Article 9
of the Delaware UCC.


 


“Letter of Credit Rights” shall have the meaning set forth in Article 9
of the Delaware UCC.


 


“Licenses” means, with respect to any Person, all of such Person’s
right, title, and interest in and to (a) any and all licensing agreements
or similar arrangements in and to its Patents,


 


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Copyrights, or Trademarks, (b) all
income, royalties, damages, claims, and payments now or hereafter due or
payable under and with respect thereto, including, without limitation, damages
and payments for past and future breaches thereof, and (c) all rights to
sue for past, present, and future breaches thereof.


 


“Lien” means any mortgage, pledge, deed of trust, assignment,
lien, charge, encumbrance or security interest of any kind, or the interest of
a vendor or lessor under any conditional sale agreement, capital lease or other
title retention agreement, but excluding easements, rights of way or similar
encumbrances on real property which are in the ordinary course and which do not
materially affect the value, use and insurability of title of such real
property.


 


“Material Adverse Effect” means with respect to the Grantor, a
material adverse change in or affecting the business, properties, assets,
liabilities, operations, results of operations (financial or otherwise),
conditions or prospects of the Grantor and its subsidiaries taken as a whole,
or upon the ability of the Grantor to perform its obligations under this
Agreement or the Note.


 


“Note Purchase Agreement” means that certain Note Purchase
Agreement dated as of October 24, 2008, as amended or otherwise modified
from time to time, between the Secured Party and the Grantor.


 


“Other Collateral” means any property of the Grantor, not
included within the defined terms Accounts, Chattel Paper, Commercial Tort
Claims, Copyrights, Deposit Accounts, Documents, Equipment, Fixtures, Farm
Products, General Intangibles, Goods, Instruments, Inventory, Investment
Property, Letter-of-Credit Rights, Licenses, Patents, Pledged Deposits,
Supporting Obligations and Trademarks, including, without limitation, all cash
on hand, letters of credit, Stock Rights or any other deposits (general or
special, time or demand, provisional or final) with any bank or other financial
institution, it being intended that the Collateral include all real and
personal property of the Grantor other than Excluded Property.


 


“Patents” means, with respect to any Person, all of such Person’s
right, title, and interest in and to: (a) any and all patents and patent
applications; (b) all inventions and improvements described and claimed
therein; (c) all reissues, divisions, continuations, extensions, and
continuations-in-part thereof; (d) all income, royalties, damages, claims,
and payments now or hereafter due or payable under and with respect thereto,
including, without limitation, damages and payments for past and future
infringements thereof; (e) all rights to sue for past, present, and future
infringements thereof; and (f) all rights corresponding to any of the
foregoing throughout the world.


 


“Person” means any natural person, corporation, division of a
corporation, business trust, joint venture, association, company, partnership,
unincorporated organization or other legal entity, or a government or any
agency or political subdivision thereof.


 


“Pledged Deposits” means all time deposits of money (other than
Deposit Accounts and Instruments), whether or not evidenced by certificates,
which the Grantor may from time to time designate as pledged to Secured Party
as security for any Secured Obligations, and all rights to receive interest on
said deposits.


 


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“Receivables” means the Accounts, Chattel Paper, Documents,
Investment Property, Instruments or Pledged Deposits, and any other rights or
claims to receive money which are General Intangibles or which are otherwise
included as Collateral.


 


“Section” means a numbered section of this Security Agreement,
unless another document is specifically referenced.


 


“Secured Obligations” means all the payment, performance and
indemnification obligations, covenants and duties of the Grantor now or
hereafter existing under this Security Agreement, the Note or any other “Transaction
Agreement” (as defined in the Note Purchase Agreement), whether for principal,
interest, fees, expenses, reimbursement, indemnification, performance or
otherwise.  Secured Obligations shall
include all interest which accrues after the commencement of any case or proceeding
in bankruptcy after the insolvency of, or for the reorganization of the
Grantor, whether or not allowed in such proceeding.


 


“Security” shall have the meaning set forth in Article 8 of
the Delaware UCC.


 


“Stock Rights” means any securities, dividends or other
distributions and any other right or property which the Grantor shall receive
or shall become entitled to receive for any reason whatsoever with respect to,
in substitution for or in exchange for any securities or other ownership
interests in a corporation, partnership, joint venture or limited liability
company constituting Collateral and any securities, any right to receive
securities and any right to receive earnings, in which the Grantor now has or
hereafter acquires any right, issued by an issuer of such securities.


 


“Supporting Obligation” shall have the meaning set forth in Article 9
of the Delaware UCC.


 


“Trademarks” means, with respect to any Person, all of such
Person’s right, title, and interest in and to the following:  (a) all trademarks (including service
marks), trade names, trade dress, and trade styles and the registrations and
applications for registration thereof and the goodwill of the business
symbolized by the foregoing; (b) all licenses of the foregoing, whether as
licensee or licensor; (c) all renewals of the foregoing; (d) all
income, royalties, damages, and payments now or hereafter due or payable with
respect thereto, including, without limitation, damages, claims, and payments
for past and future infringements thereof; (e) all rights to sue for past,
present, and future infringements of the foregoing, including the right to
settle suits involving claims and demands for royalties owing; and (f) all
rights corresponding to any of the foregoing throughout the world.


 


The foregoing definitions shall be equally applicable to both the
singular and plural forms of the defined terms.


 


ARTICLE
II



GRANT OF SECURITY INTEREST


 


Thee Grantor hereby pledges, collaterally assigns and grants to Secured
Party, a security interest in all of the Grantor’s right, title and interest,
whether now owned or hereafter acquired,


 


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in and to the Collateral to secure the prompt
and complete payment and performance of the Secured Obligations.  For the avoidance of doubt, the grant of a
security interest herein shall not be deemed to be an assignment of any
intellectual property rights owned by the Grantor.


 


ARTICLE
III



REPRESENTATIONS AND WARRANTIES


 


The Grantor represents and warrants to Secured Party as of the date
hereof, that:


 


3.1.                              Title,
Authorization, Validity and Enforceability.  The
Grantor has good and valid rights in or the power to transfer the Collateral
owned by it and title to the Collateral with respect to which it has purported
to grant a security interest hereunder, free and clear of all Liens except for
Permitted Liens, and has full corporate power and authority to grant to Secured
Party the security interest in such Collateral pursuant hereto.  The execution and delivery by the Grantor of
this Security Agreement have been duly authorized by proper corporate
proceedings, and this Security Agreement constitutes a legal, valid and binding
obligation of the Grantor and creates a security interest which is enforceable
against the Grantor in all Collateral it now owns or hereafter acquires, except
as enforceability may be limited by (i) bankruptcy, insolvency, fraudulent
conveyance, reorganization or similar laws relating to or affecting the
enforcement of creditors’ rights generally, (ii) general equitable
principles (whether considered in a proceeding in equity or at law), and (iii) requirements
of reasonableness, good faith and fair dealing. 
When financing statements have been filed in the appropriate offices
against the Grantor in the locations listed in Exhibit “E”, the
Secured Party will have a fully perfected first priority security interest in
the Collateral owned by the Grantor in which a security interest may be
perfected by filing of a financing statement under the Delaware UCC, subject
only to Permitted Liens.


 


3.2.                              Conflicting Laws
and Contracts.  Neither the execution and delivery by the
Grantor of this Security Agreement, the creation and perfection of the security
interest in the Collateral granted hereunder, nor compliance by the Grantor
with the terms and provisions hereof will violate (i) any law, rule,
regulation, order, writ, judgment, injunction, decree or award binding on the
Grantor, or (ii) the Grantor’s certificate of incorporation or by-laws, or
(iii) the provisions of any material indenture, instrument or agreement to
which the Grantor is a party or is subject, or by which it, or its property may
be bound or affected, or conflict with or constitute a default thereunder, or
result in or require the creation or imposition of any Lien in, of or on the
property of the Grantor pursuant to the terms of any such indenture, instrument
or agreement (other than any Lien of Secured Party).


 


3.3.                              Principal
Location.  The Grantor’s mailing address and the
location of its place of business (if it has only one) or its chief executive
office (if it has more than one place of business), is disclosed in Exhibit “A”;
the Grantor has no other places of business except those set forth in Exhibit “A”.


 


3.4.                              Property
Locations.  The Inventory, Equipment and Fixtures of the
Grantor are located solely at the locations of the Grantor described in Exhibit “A”.  All of said locations are owned by the
Grantor except for locations (i) which are leased by the Grantor as lessee
and designated in Part B of Exhibit “A” and (ii) at which
Inventory is held in a public warehouse or


 


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is
otherwise held by a bailee or on consignment by the Grantor as designated in Part C
of Exhibit “A”, with respect to which Inventory the Grantor has
delivered bailment agreements, warehouse receipts, financing statements or
other documents satisfactory to Secured Party to protect Secured Party’s
security interest in such Inventory.


 


3.5.                              No Other Names;
Etc..  Within the five-year period preceding the
date hereof, the Grantor has not conducted business under any name, changed its
jurisdiction of formation, merged with or into or consolidated with any other
Person, except as disclosed in Exhibit “A”.  The name in which the Grantor has executed
this Security Agreement is the exact name as it appears in the Grantor’s
organizational documents, as amended, as filed with the Grantor’s jurisdiction
of organization as of the date hereof.


 


3.6.                              No Default.  No
Event of Default or event which with the passage of time or giving of notice,
or both, would constitute an Event of Default, exists.


 


3.7.                              Accounts and
Chattel Paper.  The names of the obligors, amounts owing, due
dates and other information with respect to the Accounts and Chattel Paper
owned by the Grantor are and will be correctly stated in all records of the
Grantor relating thereto and in all invoices and reports with respect thereto
furnished to Secured Party by the Grantor from time to time.  As of the time when each Account or each item
of Chattel Paper arises, the Grantor shall be deemed to have represented and
warranted that such Account or Chattel Paper, as the case may be, and all
records relating thereto, are genuine and in all respects what they purport to
be.


 


3.8.                              Filing Requirements.  None
of the Equipment owned by the Grantor and constituting part of the Collateral
is covered by any certificate of title, except for the vehicles described in Part A
of Exhibit “B”.  None of the
Collateral owned by the Grantor is of a type for which security interests or
liens may be perfected by filing under any federal statute except for (i) the
vehicles described in Part B of Exhibit “B” and (ii) Patents,
Trademarks and Copyrights held by the Grantor and described in Part C of Exhibit “B”.  The legal description, county and street
address of the property on which any Fixtures owned by the Grantor are located
is set forth in Exhibit “C” together with the name and address of
the record owner of each such property.


 


3.9.                              No Financing
Statements.  No financing statement describing all or any
portion of the Collateral which has not lapsed or been terminated naming the
Grantor as debtor has been filed in any jurisdiction except financing
statements (i) naming Secured Party as Secured Party and (ii) in
respect of Permitted Liens.


 


3.10.                        Federal Employer
Identification Number; State Organization Number; Jurisdiction of Organization.  The
Grantor’s federal employer identification number is, and if the Grantor is a
registered organization, the Grantor’s State of organization, type of
organization and State of organization identification number are, listed in Exhibit “G”.


 


3.11.                        Pledged
Securities and Other Investment Property.  Exhibit “D”
sets forth a complete and accurate list of the Instruments, Securities and
other Investment Property delivered to Secured Party.  The Grantor is the direct and beneficial
owner of each Instrument, Security and other type of Investment Property listed
in Exhibit “D” as being owned by it, free and clear of any Liens,
except for the security interest granted to the Secured Party hereunder.  The


 


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Grantor
further represents and warrants that (i) all such Instruments, Securities
or other types of Investment Property which are shares of stock in a
corporation or ownership interests in a partnership or limited liability
company have been (to the extent such concepts are relevant with respect to
such Instrument, Security or other type of Investment Property) duly and
validly issued, are fully paid and non-assessable and constitute the percentage
of the issued and outstanding shares of stock (or other equity interests) of
the respective issuers thereof indicated in Exhibit “D” hereto and (ii) with
respect to any certificates delivered to the Secured Party representing an
ownership interest in a partnership or limited liability company, either such
certificates are Securities as defined in Article 8 of the Delaware UCC of
the applicable jurisdiction as a result of actions by the issuer or otherwise,
or, if such certificates are not Securities, the Grantor has so informed the
Secured Party so that the Secured Party may take steps to perfect its security
interest therein as a General Intangible.


 


3.12.                        Intellectual Property.


 


3.12.1  Exhibit “B” contains a complete
and accurate listing as of the date hereof of all Intellectual Property,
including, but not limited to the following: (i) state, U.S. and foreign
trademark registrations, and applications for trademark registration, (ii) U.S.
and foreign patents and patents applications, together with all reissuances,
continuations, continuations in part, revisions, extensions, and reexaminations
thereof, (iii) U.S. and foreign copyright registrations and applications
for registration, (iv) foreign industrial design registrations and
industrial design applications, (v) domain names, (vi) proprietary
computer software, (vii) all forms of Intellectual Property described in
clauses (i)-(iii) above that are owned by a third party and licensed to
the Grantor or otherwise used by the Grantor under contract, and (viii) the
names of any Person who has been granted rights in respect thereof outside of
the ordinary course of business.  All of
the U.S. registrations, applications for registration or applications for
issuance of the Intellectual Property are valid and subsisting, in good
standing and are recorded or is in the process of being recorded in the name of
the Grantor.


 


3.12.2  Such Intellectual Property’s valid,
subsisting, unexpired (where registered) and enforceable and has not been
abandoned or adjudged invalid or unenforceable, in whole or in part except as
could not be reasonably expected to result in a Material Adverse Effect.


 


3.12.3  Except as set forth on Exhibit I,
no Person other than the Grantor has any right or interest of any kind or
nature in or to the Intellectual Property, including any right to sell,
license, lease, transfer, distribute, use or otherwise exploit the Intellectual
Property or any portion thereof outside of the ordinary course of the Grantor’s
business.  Except as set forth on Exhibit I,
the Grantor has good, marketable and exclusive title to, and the valid and
enforceable power and right to sell, license, transfer, distribute, use and
otherwise exploit, its Intellectual Property.


 


3.12.4  The Grantor has taken or caused to be taken
steps so that none of its Intellectual Property, the value of which to the
Grantor is contingent upon maintenance of the confidentiality thereof, have
been disclosed by the Grantor to any Person other than employees, contractors,
customers, representatives and agents of the Grantor who are


 


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parties to customary
confidentiality and nondisclosure agreements with the Grantor or are otherwise
bound to maintain the confidentiality of such Intellectual Property.


 


3.12.5  To the Grantor’s knowledge, no Person has
violated, infringed upon or breached, or is currently violating, infringing
upon or breaching, any of the rights of the Grantor to the Intellectual
Property or has breached or is breaching any duty or obligation owed to the
Grantor in respect of the Intellectual Property except where those breaches,
individually or in the aggregate, could not be reasonably expected to result in
a Material Adverse Effect.


 


3.12.6  Except as set forth on Exhibit I,
no settlement or consents, covenants not to sue, nonassertion assurances, or
releases have been entered into by the Grantor or to which the Grantor is bound
that adversely affects its rights to own or use any Intellectual Property
except as could not be reasonably expected to result in a Material Adverse
Effect, in each case individually or in the aggregate.


 


3.12.7  The Grantor has not received any written
notice that remains outstanding challenging the validity, enforceability, or
ownership of any Intellectual Property except where those challenges could not
reasonably be expected to result in a Material Adverse Effect, and to the
Grantor’s knowledge at the date hereof there are no facts upon which such a
challenge could validly be made.


 


3.12.8  The Grantor owns directly or is entitled to
use, by license or otherwise, all Intellectual Property necessary for the
conduct of the Grantor’s business as conducted as of the date of this
Agreement.


 


3.12.9  The Grantor uses adequate standards of
quality in the manufacture, distribution, and sale of all products sold and in
the provision of all services rendered under or in connection with all
trademarks and has taken all commercially reasonable action necessary to insure
that all licensees of the trademarks owned or licensed by the Grantor use such
adequate standards of quality, except where the failure to use adequate
standards of quality could not reasonably be expected to result in a Material
Adverse Effect.


 


3.12.10  The consummation of the transactions
contemplated by the Note and this Security Agreement will not result in the
termination or material impairment of any of the Intellectual Property.


 


3.13.                       Insurance.                                         Exhibit “H” contains a description of all insurance
which the Grantor maintains or has maintained on its behalf.  All of such insurance is in full force and
effect.


 


ARTICLE
IV



COVENANTS


 


From the date of this Security Agreement and thereafter until this
Security Agreement is terminated, the Grantor agrees:


 


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4.1.                              General.


 


4.1.1  Inspection.  The Grantor will permit the Secured Party, by
its representatives and agents (i) to inspect the Collateral, (ii) to
examine and make copies of the records of the Grantor relating to the
Collateral and (iii) to discuss the Collateral and the related records of
the Grantor with, and to be advised as to the same by, the Grantor’s officers
and employees (and, in the case of any Receivable after the occurrence and during
the continuance of an Event of Default, with any person or entity which is or
may be obligated thereon), all at such reasonable times and intervals during
Grantor’s regular business hours as the Secured Party may determine, upon
reasonable prior notice and all at the Grantor’s expense.


 


4.1.2  Taxes. 
The Grantor will pay when due all taxes, assessments and governmental
charges and levies upon the Collateral owned by the Grantor, except (i) those
which are being contested in good faith by appropriate proceedings and with
respect to which adequate reserves have been set aside in accordance with GAAP
and with respect to which no Lien exists, and (ii) those which by reason
of the amount involved or the remedies available to the taxing authority could
not reasonably be expected to have a Material Adverse Effect.


 


4.1.3  Records and Reports; Notification of Event of Default.  The Grantor shall keep and maintain complete,
accurate and proper books and records with respect to the Collateral owned by
the Grantor, and furnish to the Secured Party such reports relating to the
Collateral as the Secured Party shall from time to time reasonably
request.  The Grantor will give prompt
notice in writing to the Secured Party of the occurrence of any Event of
Default or event which with the giving of notice or passage of time or both
would constitute an Event of Default.


 


4.1.4  Financing Statements and Other Actions; Defense of Title.  The Grantor hereby authorizes the Secured
Party to file, and if requested will execute and deliver to the Secured Party,
all financing statements describing the Collateral owned by the Grantor and
other documents and take such other actions as may from time to time reasonably
be requested by the Secured Party in order to maintain a first priority,
perfected security interest in and, if applicable, Control of, the Collateral
owned by the Grantor, subject to Permitted Liens.  Such financing statements may describe the
Collateral in the same manner as described herein or may contain an indication
or description of collateral that describes such property in any other manner
as the Secured Party may determine, in its sole discretion, is necessary,
advisable or prudent to ensure that the perfection of the security interest in
the Collateral granted to the Secured Party herein, including, without
limitation, describing such property as “all assets” or “all personal property,
whether now owned or hereafter acquired.” 
The Grantor will take any and all actions necessary to defend title to
the Collateral owned by the Grantor against all persons and to defend the
security interest of the Secured Party in such Collateral and the priority
thereof against any Lien not expressly permitted hereunder.


 


4.1.5  Disposition of Collateral.  The Grantor will not sell, lease or otherwise
dispose of the Collateral owned by the Grantor except for (i) sales of
inventory in the


 


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ordinary course of business,
(ii) the disposition of obsolete, worn-out or surplus Collateral in the
ordinary course of business, (iii) the license in the ordinary course of
the Grantor’s business of its Intellectual Property and (iv) the
abandonment or disposition by the Grantor of Intellectual Property that is not
used or useful in the conduct of the Grantor’s business.


 


4.1.6  Liens. 
The Grantor will not, incur, or suffer to exist any Lien on the
Collateral owned by the Grantor except Permitted Liens.


 


4.1.7  Change in Corporate Existence, Type or Jurisdiction of
Organization, Location, Name. 
The Grantor will:


 


(i)                                    preserve its existence and corporate
structure as in effect on the date hereof;


 


(ii)                                not change its jurisdiction of organization;


 


(iii)                             not maintain its place of business (if it has
only one) or its chief executive office (if it has more than one place of
business) at a location other than a location specified in Exhibit “A”;
and


 


(iv)                             not (i) have any Inventory, Equipment or
Fixtures or proceeds or products thereof (other than Inventory and proceeds
thereof disposed of as permitted by Section 4.1.5) at a location
other than a location specified in Exhibit “A”, (ii) change
its name or taxpayer identification number or (iii) change its mailing
address,


 


unless, in each such case, the Grantor shall have given the Secured
Party not less than thirty (30) days’ prior written notice of such event or
occurrence and the Secured Party shall have either (x) determined that
such event or occurrence will not adversely affect the validity, perfection or
priority of the Secured Party’s security interest in the Collateral, or (y) taken
such steps (with the cooperation of the Grantor to the extent necessary or
advisable) as are necessary or advisable to properly maintain the validity,
perfection and priority of the Secured Party’s security interest in the
Collateral owned by the Grantor.


 


4.1.8  Other Financing Statements.  The Grantor will not suffer to exist or
authorize the filing of any financing statement naming it as debtor covering
all or any portion of the Collateral owned by the Grantor, except any financing
statement authorized under Section 4.1.4 hereof.


 


4.2.                              Receivables.


 


4.2.1  Certain Agreements on Receivables.  During the occurrence and continuation of an
Event of Default, the Grantor will not make or agree to make any discount,
credit, rebate or other reduction in the original amount owing on a Receivable
or accept in satisfaction of a Receivable less than the original amount
thereof.  Prior to the occurrence and
continuation of an Event of Default, the Grantor may reduce the amount of Accounts
arising from the sale of Inventory or the rendering of services in accordance
with its present policies and in the ordinary course of business.


 


11
















 


4.2.2  Collection of Receivables.  Except as otherwise provided in this Security
Agreement, the Grantor will collect and enforce, at the Grantor’s sole expense,
all amounts due or hereafter due to the Grantor under the Receivables owned by
the Grantor.


 


4.2.3  Delivery of Invoices.  The Grantor will deliver to the Secured Party
immediately upon its request after the occurrence and during the continuance of
an Event of Default duplicate invoices with respect to each Account owned by
the Grantor bearing such language of assignment as the Secured Party shall
specify.


 


4.2.4  Disclosure of Counterclaims on Receivables.  If (i) any discount, credit or agreement
to make a rebate or to otherwise reduce the amount owing on a Receivable owned
by the Grantor exists or (ii) if, to the knowledge of the Grantor, any
dispute, setoff, claim, counterclaim or defense exists or has been asserted or
threatened in writing with respect to a Receivable, in either case, in excess
of $25,000, the Grantor will disclose such fact to the Secured Party in writing
in connection with the inspection by the Secured Party of any record of the
Grantor relating to such Receivable and in connection with any invoice or
report furnished by the Grantor to the Secured Party relating to such Receivable.


 


4.3.                              Maintenance of
Goods.  The Grantor will do all things necessary to
maintain, preserve, protect and keep the Inventory and the Equipment owned by
the Grantor in good repair, working order and saleable condition (ordinary wear
and tear excepted) and make all necessary and proper repairs, renewals and
replacements so that its business carried on in connection therewith may be
properly conducted at all times, except where the failure to do so,
individually or in the aggregate, could not reasonably be expected to have a
Material Adverse Effect.


 


4.4.                              Instruments,
Securities, Chattel Paper, Documents and Pledged Deposits.  The
Grantor will (i) deliver to the Secured Party immediately upon execution
of this Security Agreement the originals of all Chattel Paper, Securities (to
the extent certificated) and Instruments constituting Collateral (if any then
exist), (ii) hold in trust for the Secured Party upon receipt and
immediately thereafter deliver to the Secured Party any Chattel Paper,
Securities and Instruments constituting Collateral, (iii) upon the
designation of any Pledged Deposits (as set forth in the definition thereof),
deliver to the Secured Party such Pledged Deposits which are evidenced by
certificates included in the Collateral endorsed in blank, marked with such
legends and assigned as the Secured Party shall specify, and (iv) upon the
Secured Party’s request, after the occurrence and during the continuance of an
Event of Default, deliver to the Secured Party (and thereafter hold in trust
for the Secured Party upon receipt and immediately deliver to the Secured
Party) any Document evidencing or constituting Collateral.


 


4.5.                              Uncertificated
Securities and Certain Other Investment Property.  The
Grantor will permit the Secured Party from time to time to use commercially
reasonable efforts to cause the appropriate issuers (and, if held with a
securities intermediary, such securities intermediary) of uncertificated
securities or other types of Investment Property not represented by
certificates which are Collateral owned by the Grantor to mark their books and
records with the numbers and face amounts of all such uncertificated securities
or other types of Investment Property not represented by certificates and all
rollovers and replacements therefor to reflect the Lien of the


 


12

















 


Secured
Party granted pursuant to this Security Agreement.  The Grantor will use all commercially
reasonable efforts, with respect to Investment Property constituting Collateral
owned by the Grantor and held with a financial intermediary, to cause such
financial intermediary to enter into a control agreement with the Secured Party
in form and substance reasonably satisfactory to the Secured Party, not later
than sixty days after the Issuance Date with respect to any financial
intermediary in possession of such Collateral on the Issuance Date and promptly
after the deposit of any such Collateral with a new financial intermediary
after the Issuance Date.


 


4.6.                              Stock and Other
Ownership Interests.


 


4.6.1  Changes in Capital Structure of Issuers.  The Grantor will neither (i) permit or
suffer any issuers of privately held corporate securities or other ownership
interests in a corporation, partnership, joint venture or limited liability
company constituting Collateral owned by the Grantor, which such issuers are
wholly-owned “Subsidiaries” (as defined in the Note Purchase Agreement) of the
Grantor, to dissolve, liquidate, retire any of its capital stock or other
Instruments or Securities evidencing ownership, reduce its capital or merge or
consolidate with any other entity other than the Grantor, nor (ii) vote
any of the Instruments, Securities or other Investment Property in favor of any
of the foregoing.


 


4.6.2  Issuance of Additional Securities. The
Grantor will not permit or suffer any issuers of privately held corporate
securities or other ownership interests in a corporation, partnership, joint
venture or limited liability company constituting Collateral, which such
issuers are wholly-owned Subsidiaries of the Grantor, to issue any such
securities or other ownership interests, any right to receive the same or any
right to receive earnings, except to the Grantor.


 


4.6.3  Registration of Pledged Securities and other Investment
Property.  The Grantor
will permit any registrable Investment Property Collateral owned by the Grantor
to be registered in the name of the Secured Party or its nominee at any time at
the option of the Secured Party following the occurrence and during the continuance
of an Event of Default and without any further consent of the Grantor.


 


4.6.4  Exercise of Rights in Pledged Securities and other
Investment Property. 
The Grantor will permit the Secured Party or its nominee at any time
during the continuance of an Event of Default, without notice, to exercise or
refrain from exercising any and all voting and other consensual rights
pertaining to the Collateral owned by the Grantor or any part thereof, and to
receive all dividends and interest in respect of such Collateral; provided,
however, that voting rights will be exercisable only if Secured Party has
notified the Grantor in writing of its intention to do so.


 


4.7.                              Deposit Accounts.  The
Grantor will use commercially reasonable efforts to cause each bank or other
financial institution in which it maintains (i) a Deposit Account to enter
into a control agreement with the Secured Party, in form and substance
satisfactory to the Secured Party in order to give the Secured Party Control of
the Deposit Account or (ii) other deposits (general or special, time or
demand, provisional or final) to be notified of the security interest


 


13

















 


granted
to the Secured Party hereunder and cause each such bank or other financial
institution to acknowledge such notification in writing, in each case not later
than sixty days after the Issuance Date with respect to any Deposit Accounts or
other such deposits in existence on the Issuance Date and promptly after the
opening of any Deposit Accounts or making of such other deposits after the
Issuance Date; provided, however, that the provisions of this Section 4.7
shall not apply to any payroll accounts or employee flexible spending accounts.


 


4.8.                              Letter-of-Credit
Rights.  The Grantor will, upon the Secured Party’s
request, cause each issuer of a letter of credit, to consent to the assignment
of proceeds of the letter of credit in order to give the Secured Party Control
of the letter-of-credit rights to such letter of credit.


 


4.9.                              Federal, State
or Municipal Claims.  The Grantor will notify the
Secured Party of any Collateral owned by the Grantor which constitutes a claim
against the United States government or any state or local government or any
instrumentality or agency thereof, the assignment of which claim is restricted
by federal, state or municipal law.


 


4.10.                        Intellectual
Property.


 


4.10.1  If, after the date hereof, the Grantor
obtains rights to, including, but not limited to filing and acceptance of a
statement of use or an amendment to allege use with the U.S. Patent and
Trademark Office, or applies for or seeks registration of, any new patentable
invention, Trademark or Copyright in addition to the Patents, Trademarks and
Copyrights described in Part C of Exhibit “B”, which are all of the Grantor’s Patents, Trademarks
and registered Copyrights as of the date hereof, then the Grantor shall give
the Secured Party prompt notice thereof. 
The Grantor agrees promptly upon request by the Secured Party to execute
and deliver to the Secured Party any supplement to this Security Agreement or
any other document reasonably requested by the Secured Party to evidence such
security interest in a form appropriate for recording in the applicable federal
office.  The Grantor also hereby
authorizes the Secured Party to modify this Security Agreement unilaterally (i) by
amending Part C of Exhibit “B” to include any future
Patents, Trademarks and/or Copyrights of which the Secured Party receives
notification from the Grantor pursuant hereto and (ii) by recording, in
addition to and not in substitution for this Security Agreement, a duplicate
original of this Security Agreement containing in Part C of Exhibit “B” a description of such future Patents, Trademarks
and/or Copyrights.


 


4.10.2  As of the date hereof, the Grantor has no
interest in, or title to, any Intellectual Property Licenses, Patents,
Trademarks, Industrial Design or registered Copyrights except as set forth in Exhibit “B”.  This
Agreement is effective to create a valid and continuing Lien on such
Copyrights, Intellectual Property Licenses, Patents, Trademarks and Industrial
Designs and, upon filing of the Confirmatory Grant of Security Interest in
Copyrights with the United States Copyright Office and filing of the
Confirmatory Grant of Security Interest in Patents with the United States
Patent and Trademark Office, and the filing of appropriate financing statements
in the jurisdictions listed in Exhibit “E” hereto, all action necessary
or desirable to protect and perfect the security interest in, to and on the
Grantor’s Patents, Trademarks, Copyrights or Industrial


 


14

















 


Designs has been taken and such perfected security
interest is enforceable as such as against any and all creditors of and
purchasers from the Grantor.  The Grantor
has no interest in any Copyright that is necessary in connection with the
operation of the Grantor’s business, except for those Copyrights identified in Exhibit “B” attached hereto which have been registered with the
United States Copyright Office.


 


4.11.                        Commercial Tort
Claims.  If, after
the date hereof, the Grantor identifies the existence of a commercial tort
claim belonging to the Grantor that has arisen in the course of the Grantor’s
business in addition to the commercial tort claims described in Exhibit “F”, which are all of the Grantor’s commercial tort
claims as of the date hereof, then the Grantor shall give the Secured Party
prompt notice thereof, but in any event not less frequently than
quarterly.  The Grantor agrees promptly
upon request by the Secured Party to execute and deliver to the Secured Party
any supplement to this Security Agreement or any other document reasonably
requested by the Secured Party to evidence the grant of a security interest
therein in favor of the Secured Party.


 


4.12.                        Insurance.  The Grantor shall (i) maintain in full force and effect with
respect to its insurable properties, insurance policies in such amounts and
covering such risks as would be consistent with prudent industry practice, (ii) cause
each insurance policy pertaining to the Collateral to (A) name the Secured
Party as an “additional insured” if such policy is a liability policy, (B) name
the Secured Party as a “mortgagee” and “loss payee” as to claims in excess of
$50,000 and include a standard agent’s loss payable endorsement in favor of the
Secured Party satisfactory to the Secured Party if such policy is a property
insurance policy, (C) provide that, the Secured Party shall be notified in
writing of any proposed cancellation or modification of such policy initiated
by the Grantor’s insurer at least thirty (30) days in advance prior to any
proposed cancellation or modification, (D) provide that all insurance
proceeds for losses shall be payable to the Secured Party after the occurrence
and during the continuance of an Event of Default, (E) waive any right of
subrogation of the insurers against the Secured Party and waive any right of
the insurers to any setoff or counterclaim or any other deduction, whether by
attachment or otherwise, in respect of any liability of the Grantor, and (E) provide
that such insurance shall be primary insurance, that the insurers under such
insurance policies shall be liable under such policies without right of
contribution from any other insurance coverage and expressly provide that
liability for premiums shall be solely a liability of the Grantor.


 


4.13.                        Real Property.   In the event that at any time that the
Secured Obligations (other than inchoate indemnity obligations) are
outstanding, the Grantor becomes the owner of any real property, the Grantor
shall enter into a mortgage of such real property, in form and substance
reasonably satisfactory to the Secured Party to secure the payment and
performance of the Secured Obligations.


 


ARTICLE
V



EVENTS OF DEFAULT REMEDIES


 


5.1.                              Acceleration and
Remedies.  Upon the acceleration by the Secured Party of
the Grantor’s obligations under the Note, the Secured Obligations shall
immediately become due and payable without presentment, demand, protest or
notice of any kind, all of which are hereby


 


15

















 


expressly
waived, and the Secured Party may exercise in accordance with applicable law
any or all of the following rights and remedies in addition to the rights and remedies
provided for in the Note:


 


5.1.1  Those rights and remedies provided in this
Security Agreement, provided
that this Section 5.1.1 shall not be understood to limit any rights
or remedies available to the Secured Party prior to an Event of Default.


 


5.1.2  Those rights and remedies available to a
secured party under the Delaware UCC (whether or not the Delaware UCC applies
to the affected Collateral) or under any other applicable law (including,
without limitation, any law governing the exercise of a bank’s right of setoff
or bankers’ lien) when a debtor is in default under a security agreement.


 


5.1.3  Without notice except as specifically
provided in Section 8.1 hereof or elsewhere herein, the right to
sell, lease, assign, grant an option or options to purchase or otherwise
dispose of the Collateral or any part thereof in one or more parcels at public
or private sale, for cash, on credit or for future delivery, and upon such
other terms as the Secured Party may deem commercially reasonable.  The Secured Party may purchase all or any
part of the Collateral at public or, if permitted by law, private sale, and in
lieu of actual payment of such purchase price, may set off the amount of such
purchase price against the Secured Obligations then owing.  Any sales of the Collateral may be adjourned
from time to time with or without notice. 
Subject to the rights of lessors, mortgagees or other third parties, the
Secured Party shall have the right to conduct such sales on the premises of the
Grantor, at the expense of the Grantor, or elsewhere, on such occasion or
occasions as they may see fit.  The net
proceeds realized by the Secured Party upon any such sale or other disposition,
after deduction for the expense of retaking, holding, preparing for sale,
selling or the like and the reasonable attorneys’ fees and legal expenses
incurred by the Secured Party in connection therewith, shall be applied as
provided herein toward satisfaction of the Secured Obligations.  The Secured Party shall account for and pay
to the Grantor any surplus realized upon such sale or other disposition, and
the Grantor shall remain liable for any deficiency.  The commencement of any action, legal or
equitable, or the rendering of any judgment or decree for any deficiency shall
not affect the Secured Party’s security interest in the Collateral.  The Grantor agrees that the Secured Party has
no obligation to preserve rights to the Collateral against any other parties.


 


5.2.                              Grantor’s
Obligations Upon Event of Default.  Upon
the request of the Secured Party after the occurrence and during the
continuance of an Event of Default, the Grantor will:


 


5.2.1  Assembly of Collateral.  Assemble and make available to the Secured
Party the Collateral and all records relating thereto at any place or places
specified by the Secured Party that is reasonably convenient to the Secured
Party and the Grantor.


 


16

















 


5.2.2  Secured Party Access.


 


(i)                                     Permit the Secured Party, by the Secured
Party’s representatives and agents, to enter any premises where all or any part
of the Collateral, or the books and records relating thereto, or both, are
located, to take possession of all or any part of the Collateral and to render
the Collateral unusable or remove the Collateral therefrom to the premises of
the Secured Party or any agent thereof, for such time as the Secured Party may
desire, in order effectively to collect or liquidate the Collateral.


 


(ii)                                  Provide the Secured Party with access to the
Grantor’s data processing equipment, computer hardware and software relating to
the Collateral and permit the Secured Party to use all of the foregoing and the
information contained therein in any manner the Secured Party deems
appropriate.


 


5.3.                              License.  The
Secured Party is hereby granted a license or other right to use, following the
occurrence and during the continuance of an Event of Default, without charge,
the Grantor’s labels, patents, copyrights, rights of use of any name, trade
secrets, trade names, trademarks, service marks, customer lists and advertising
matter, or any property of a similar nature, as it pertains to the Collateral,
in completing production of, advertising for sale, and selling any Collateral,
and, following the occurrence and during the continuance of an Event of
Default, the Grantor’s rights under all licenses and all franchise agreements
shall inure to the Secured Party’s benefit. 
In addition, the Grantor hereby irrevocably agrees that the Secured
Party may, following the occurrence and during the continuance of an Event
of  Default, sell any of the Grantor’s
Inventory directly to any Person, including without limitation Persons who have
previously purchased the Grantor’s Inventory from the Grantor and in connection
with any such sale or other enforcement of the Secured Party’s rights under
this Security Agreement, may sell Inventory which bears any trademark owned by
or licensed to the Grantor and any Inventory that is covered by any copyright
owned by or licensed to the Grantor and the Secured Party may finish any work
in process and affix any trademark owned by or licensed to the Grantor and sell
such Inventory as provided herein.


 


ARTICLE
VI



WAIVERS, AMENDMENTS AND REMEDIES


 


No delay or omission of the Secured Party to exercise any right or
remedy granted under this Security Agreement shall impair such right or remedy
or be construed to be a waiver of any Event of Default or an acquiescence
therein, and any single or partial exercise of any such right or remedy shall
not preclude any other or further exercise thereof or the exercise of any other
right or remedy.  No waiver, amendment or
other variation of the terms, conditions or provisions of this Security
Agreement whatsoever shall be valid unless in writing signed by the Secured
Party with the concurrence or at the direction of the Grantor, and then only to
the extent in such writing specifically set forth.  All rights and remedies contained in this
Security Agreement or by law afforded shall be cumulative and all shall be
available to the Secured Party until the Secured Obligations have been paid in
full.


 


17

















 


ARTICLE
VII



PROCEEDS; COLLECTION OF RECEIVABLES


 


7.1.                              Lockboxes.  Upon
request of the Secured Party after the occurrence and during the continuance of
an Event of Default, the Grantor shall execute and deliver to the Secured Party
irrevocable lockbox agreements in the form provided by or otherwise acceptable
to the Secured Party, and shall use all commercially reasonable efforts to
cause such agreements to be accompanied by an acknowledgment by the bank where
the lockbox is located of the Lien of the Secured Party granted hereunder and
of irrevocable instructions to wire all amounts collected therein to a special
collateral account of the Secured Party.


 


7.2.                              Collection of
Receivables.  The Secured Party may at any time after the
occurrence and during the continuance of an Event of Default, by giving the
Grantor written notice, elect to require that the Receivables be paid directly
to the Secured Party.  In such event, the
Grantor shall, and shall permit the Secured Party to, promptly notify the
account debtors or obligors under the Receivables owned by the Grantor of the
Secured Party’s interest therein and direct such account debtors or obligors to
make payment of all amounts then or thereafter due under such Receivables
directly to the Secured Party.  Upon
receipt of any such notice from the Secured Party, the Grantor shall thereafter
hold in trust for the Secured Party, all amounts and proceeds received by it
with respect to the Receivables and Other Collateral and immediately and at all
times thereafter deliver to the Secured Party all such amounts and proceeds in
the same form as so received, whether by cash, check, draft or otherwise, with
any necessary endorsements.  The Secured
Party shall hold and apply funds so received as provided by the terms of Section 7.3
hereof.  In addition the Secured Party
may thereupon (i) enforce payment of the Receivables by legal proceedings
or otherwise; (ii) exercise all of the Grantor’s rights and remedies with
respect to proceedings brought to collect any Receivables; (iii) sell or
assign any Receivable upon such terms, for such amount and at such time or
times as the Secured Party deems advisable; (iv) settle, adjust,
compromise, extend or renew a Receivable; (v) discharge and release any
Receivable; and (vii) prepare, file and sign the Grantor’s name on any
proof of claim in bankruptcy or other similar document against an account
debtor with respect to a Receivable of the Grantor.


 


7.3.                              Application of
Proceeds.  Upon the occurrence and during the
continuance of any Event of Default, the Grantor irrevocably waives the right
to direct the application of any and all payments at any time or times
hereafter received by the Secured Party from the Grantor or with respect to any
of the Collateral, and the Grantor does hereby irrevocably agree that the
Secured Party shall have the continuing exclusive right to apply and reapply
any and all payments received at any time or times with respect to the
Collateral against the Secured Obligations in such manner as the Secured Party
may deem advisable, notwithstanding any entry by the Secured Party upon any of
its books and records.


 


18

















 


ARTICLE
VIII



GENERAL PROVISIONS


 


8.1.                              Notice of
Disposition of Collateral; Condition of Collateral.  The
Secured Party shall send to the Grantor notice of the time and place of any
public sale or the time after which any private sale or other disposition of
all or any part of the Collateral may be made. 
Any such notice made shall be deemed reasonable if sent to the Grantor,
addressed as set forth in Article IX, at least ten (10) days
prior to (i) the date of any such public sale or (ii) the time after
which any such private sale or other disposition may be made.  The Secured Party shall have no obligation to
clean-up or otherwise prepare the Collateral for sale.


 


8.2.                              Compromises and
Collection of Collateral.  The Grantor and the Secured
Party recognize that setoffs, counterclaims, defenses and other claims may be
asserted by obligors with respect to certain of the Receivables, that certain
of the Receivables may be or become uncollectible in whole or in part and that
the expense and probability of success in litigating a disputed Receivable may
exceed the amount that reasonably may be expected to be recovered with respect
to a Receivable.  In view of the
foregoing, the Grantor agrees that the Secured Party may at any time and from
time to time, if an Event of Default has occurred and is continuing, compromise
with the obligor on any Receivable, accept in full payment of any Receivable
such amount as the Secured Party in its sole discretion shall determine or
abandon any Receivable, and any such action by the Secured Party shall be
commercially reasonable so long as the Secured Party acts in good faith based
on information known to it at the time it takes any such action.


 


8.3.                              Secured Party
Performance of Grantor’s Obligations. 
Without having any obligation to do so, the Secured Party may perform or
pay any obligation which the Grantor has agreed to perform or pay in this
Security Agreement and the Grantor shall reimburse the Secured Party for any
reasonable amounts paid by the Secured Party pursuant to this Section 8.3.  The Grantor’s obligation to reimburse the
Secured Party pursuant to the preceding sentence shall be a Secured Obligation
payable on demand.


 


8.4.                              Authorization
for Secured Party to Take Certain Action.  The
Grantor irrevocably authorizes the Secured Party at any time and from time to
time in the sole discretion of the Secured Party and appoints the Secured Party
as its attorney in fact (i) to file financing statements necessary or
desirable in the Secured Party’s sole discretion to perfect and to maintain the
perfection and priority of the Secured Party’s security interest in the
Collateral, (ii) to indorse and collect any cash proceeds of the
Collateral, (iii) to file any other financing statement or amendment of a
financing statement (which does not add new collateral or add a debtor) in such
offices as the Secured Party in its sole discretion deems necessary or
desirable to perfect and to maintain the perfection and priority of the Secured
Party’s security interest in the Collateral, (iv) to contact and enter
into one or more agreements with the issuers of uncertificated securities which
are Collateral owned by the Grantor and which are Securities or with financial intermediaries
holding other Investment Property as may be necessary or advisable to give the
Secured Party Control over such Securities or other Investment Property, (v) after
the occurrence and during the continuance of an Event of Default, to enforce
payment of the Instruments, Accounts and Receivables in the name of the Secured
Party or the Grantor, (vi) to apply the


 


19

















 


proceeds
of any Collateral received by the Secured Party after the occurrence and during
the continuance of an Event of Default to the Secured Obligations as provided
in Article VII and (vii) to discharge past due taxes,
assessments, charges, fees or Liens on the Collateral (except for such Liens as
are specifically permitted hereunder), and the Grantor agrees to reimburse the
Secured Party on demand for any reasonable payment made or any reasonable
expense incurred by the Secured Party in connection therewith, provided that
this authorization shall not relieve the Grantor of any of its obligations
under this Security Agreement.


 


8.5.                              Specific
Performance of Certain Covenants.  The
Grantor acknowledges and agrees that a breach of any of the covenants contained
in Sections 4.1.5, 4.1.6, 4.4, 5.2, or 8.7
or in Article VII hereof will cause irreparable injury to the
Secured Party, that the Secured Party has no adequate remedy at law in respect
of such breaches and therefore agrees, without limiting the right of the
Secured Party to seek and obtain specific performance of other obligations of
the Grantor contained in this Security Agreement, that the covenants of the Grantor
contained in the Sections referred to in this Section 8.5 shall be
specifically enforceable against the Grantor.


 


8.6.                              Use and
Possession of Certain Premises.  Subject to the rights of
lessors, mortgagees or other third parties, upon the occurrence and during the
continuance of an Event of Default, the Secured Party shall be entitled to
occupy and use any premises owned or leased by the Grantor where any of the
Collateral or any records relating to the Collateral are located until the
Secured Obligations are paid or the Collateral is removed therefrom, whichever
first occurs, without any obligation to pay the Grantor for such use and
occupancy.


 


8.7.                              Dispositions Not
Authorized.  The Grantor is not authorized to sell or
otherwise dispose of the Collateral except as set forth in Section 4.1.5
hereof and notwithstanding any course of dealing between the Grantor and the
Secured Party or other conduct of the Secured Party, no authorization to sell
or otherwise dispose of the Collateral (except as set forth in Section 4.1.5
hereof) shall be binding upon the Secured Party unless such authorization is in
writing signed by the Secured Party.


 


8.8.                              Benefit of
Agreement.  The terms and provisions of this Security
Agreement shall be binding upon and inure to the benefit of the Grantor and the
Secured Party and their respective successors and assigns (including all
persons who become bound as a debtor to this Security Agreement), except that
the Grantor shall not have the right to assign its rights or delegate its obligations
under this Security Agreement or any interest herein, without the prior written
consent of the Secured Party.


 


8.9.                              Survival of
Representations.  All representations and warranties of the
Grantor contained in this Security Agreement shall survive the execution and
delivery of this Security Agreement.


 


8.10.                        Taxes and
Expenses.  Any taxes (including income taxes) payable or
ruled payable by a Federal or State authority in respect of this Security
Agreement shall be paid by the Grantor, together with interest and penalties,
if any.  The Grantor shall reimburse the
Secured Party for any and all reasonable documented out-of-pocket expenses and
internal charges (including reasonable documented attorneys’, auditors’ and
accountants’ fees and reasonable time charges of attorneys, paralegals,
auditors and accountants who may be employees of the


 


20

















 


Secured
Party) paid or incurred by the Secured Party in connection with the
preparation, execution, delivery, administration, collection and enforcement of
this Security Agreement and in the audit, analysis, administration, collection,
preservation or sale of the Collateral (including the expenses and charges
associated with any periodic or special audit of the Collateral).  Any and all costs and expenses incurred by
the Grantor in the performance of actions required pursuant to the terms hereof
shall be borne solely by the Grantor.


 


8.11.                        Headings.  The
title of and section headings in this Security Agreement are for convenience of
reference only, and shall not govern the interpretation of any of the terms and
provisions of this Security Agreement.


 


8.12.                        Termination.  This
Security Agreement shall continue in effect until all of the Secured
Obligations (other than inchoate indemnity obligations) have been indefeasibly
paid in cash and performed in full or the Note has been converted into shares
of Common Stock of the Grantor or the Imagify License in accordance with the
provisions of Section 3 of the Note, and shall thereupon terminate.


 


8.13.                        Entire Agreement.  This
Security Agreement embodies the entire agreement and understanding between the
Grantor and the Secured Party relating to the Collateral and supersedes all
prior agreements and understandings between the Grantor and the Secured Party
relating to the Collateral.


 


8.14.                        Governing Law;
Jurisdiction; Waiver of Jury Trial.


 


8.14.1  THIS
SECURITY AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE
INTERNAL LAWS AND DECISIONS (AS OPPOSED TO CONFLICTS OF LAW PROVISIONS) OF THE
STATE OF DELAWARE.


 


8.14.2  The Grantor hereby irrevocably and
unconditionally submits, for itself and its property, to the nonexclusive
jurisdiction of any Delaware state court sitting in New Castle County, Delaware
and of the United States District Court for the District of Delaware, and any
appellate court from any thereof, in any action or proceeding arising out of or
relating to this Security Agreement or the Note, or for recognition or
enforcement of any judgment, and the Grantor hereby irrevocably and
unconditionally agrees that all claims in respect of any such action or
proceeding may be heard and determined in such Delaware state court or, to the
extent permitted by law, in such Federal court. 
The Grantor agrees that a final judgment in any such action or
proceeding shall be conclusive and may be enforced in other jurisdictions by
suit on the judgment or in any other manner provided by law.  Nothing in this Security Agreement or the
Note shall affect any right that the Secured Party may otherwise have to bring
any action or proceeding relating to this Security Agreement or the Note
against the Grantor or its properties in the courts of any jurisdiction.


 


8.14.3  The Grantor hereby irrevocably and
unconditionally waives, to the fullest extent it may legally and effectively do
so, any objection which it may now or hereafter have to the laying of venue of
any suit, action or proceeding arising out of or relating to


 


21

















 


this Security Agreement or
the Note in any court referred to in Section 8.14.2.  The Grantor hereby irrevocably waives, to the
fullest extent permitted by law, the defense of an inconvenient forum to the
maintenance of such action or proceeding in any such court.


 


8.14.4  Each party to this Security Agreement
irrevocably consents to service of process in the manner provided for notices
in Article IX of this Security Agreement. 
Nothing in this Security Agreement or the Note will affect the right of
any party to this Security Agreement to serve process in any other manner
permitted by law.


 


8.14.5  WAIVER OF JURY TRIAL. 
THE GRANTOR HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY
OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SECURITY AGREEMENT OR THE NOTE
(WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).


 


8.15.                        Indemnity.  The
Grantor hereby agrees to indemnify the Secured Party, and its successors,
assigns, agents and employees, from and against any and all liabilities,
damages, penalties, suits, costs, and expenses of any kind and nature  (including, without limitation, all expenses
of litigation or preparation therefor whether or not the Secured Party is a
party thereto) imposed on, incurred by or asserted against the Secured Party,
or its successors, assigns, agents and employees, in any way relating to or
arising out of this Security Agreement or the Note, or the manufacture,
purchase, acceptance, rejection, ownership, delivery, lease, possession, use,
operation, condition, sale, return or other disposition of any Collateral
(including, without limitation, latent and other defects, whether or not
discoverable by the Secured Party or the Grantor, and any claim for patent,
trademark or copyright infringement), other than any such liabilities, damages,
penalties, suits, costs, or expenses resulting from the gross negligence or
willful misconduct of the Secured Party or any of such successors, assigns,
agents or employees.


 


8.16.                        Intentionally Omitted.


 


8.17.                        Severability.  Any provision in this Security Agreement that
is held to be inoperative, unenforceable, or invalid in any jurisdiction shall,
as to that jurisdiction, be inoperative, unenforceable, or invalid without affecting
the remaining provisions in that jurisdiction or the operation, enforceability,
or validity of that provision in any other jurisdiction, and to this end the
provisions of this Security Agreement are declared to be severable.


 


8.18.                        Counterparts.  This Security Agreement may be executed in
counterparts (and by different parties hereto in different counterparts), each
of which shall constitute an original, but all of which when taken together
shall constitute a single contract. 
Delivery of an executed counterpart of a signature page of this
Security Agreement by telecopy shall be effective as delivery of a manually
executed counterpart of this Security Agreement.


 


22
















 


ARTICLE
IX



NOTICES


 


9.1.                              Sending Notices.  Any
notice required or permitted to be given under this Security Agreement shall be
sent (and deemed received) in the manner and to the addresses set forth in Section 12.3
of the Note Purchase Agreement.


 


9.2.                              Change in Address for Notices.  Each
of the Grantor and the Secured Party may change the address for service of
notice upon it by a notice in writing to the other parties.


 


[Signature
Pages Follow]


 


23

















 


IN WITNESS WHEREOF, each of the Grantor and the Secured Party have
executed this Security Agreement as of the date first above written.


 


	
   

  	
  ACUSPHERE, INC., as the Grantor  

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  
	
   

  	
  Name:

  
	
   

  	
  Title:

  



 


Signature Page to Pledge
and Security Agreement


 

















 


	
  CEPHALON, INC., as the Secured Party

  
	
   

  
	
  By:

  	
   

  	
   

  
	
  Name:

  
	
  Title:

  



 


Signature Page to Pledge
and Security Agreement


 

















 


EXHIBIT “A”

(See Sections 3.3, 3.4, 3.5 and 4.1.7 of Security
Agreement)


 


 


Prior names, jurisdiction of formation, place
of business (if Grantor has only one place of business), chief executive office
(if Grantor has more than one place of business), mergers and mailing address:


 


	
  Acusphere,
  Inc

  
	
  500
  Arsenal Street

  
	
  Watertown,
  MA 02472

  
	
   

  
	
  Attention: Lawrence A.
  Gyenes, CFO

  
	
   

  
	
  Jurisdiction of Formation:
  Delaware

  



 


Locations of Real Property, Inventory, Equipment and Fixtures:


 


	
  A.

  	
   

  	
  Real
  Properties Owned by the Grantor:

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  NONE

  
	
   

  	
   

  	
   

  
	
  B.

  	
   

  	
  Properties
  Leased by the Grantor (Include Landlord’s Name):

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Acusphere, Inc.

  
	
   

  	
   

  	
  500 Arsenal Street

  
	
   

  	
   

  	
  Watertown, MA 02472

  
	
   

  	
   

  	
  Landlord: ARE-500 Arsenal
  Street, LLC

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  890 East Street

  
	
   

  	
   

  	
  Tewksbury, MA 01876

  
	
   

  	
   

  	
  Landlord: 890 East LLC

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  120 Lumber Lane

  
	
   

  	
   

  	
  Tewksbury, MA 01876

  
	
   

  	
   

  	
  Landlord: Garrett Nominee
  Trust

  
	
   

  	
   

  	
   

  
	
  C.

  	
   

  	
  Public
  Warehouses or other Locations pursuant to Bailment or Consignment
  Arrangements
  (include name of warehouse operator or other bailee or consignee):

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  NONE

  



 

















 


EXHIBIT “B”

(See Sections 3.8 and 3.12 of Security Agreement)


 


A. Vehicles subject to certificates of title:


 


	
  Description

  	
   

  	
  Title Number & State Where Issued

  
	
  NONE

  	
   

  	
   

  



 


B. Aircraft/engines, ships, railcars and other vehicles governed by
federal statute:


 


	
  Description

  	
   

  	
  Registration Number

  
	
  NONE

  	
   

  	
   

  



 


C.  Patents, copyrights, trademarks protected
under federal law* and industrial designs:


 


See
Attached IP Schedule


 






* For (i) trademarks, show the
trademark itself, the registration date and the registration number; (ii) trademark
applications, show the trademark applied for, the application filing date and
the serial number of the application; (iii) patents, show the patent
number, issue date and a brief description of the subject matter of the patent;
and (iv) patent applications, show the serial number of the application,
the application filing date and a brief description of the subject matter of
the patent applied for.  Any licensing
agreements for patents or trademarks should be described on a separate
schedule.


 

















 


EXHIBIT “C”

(See Section 3.8 of Security Agreement)


 


Legal description, county
and street address of property on which

Fixtures are located:


 


NONE


 


Name and Address of Record Owner:


 


 

















 


EXHIBIT “D”


 


List of Pledged Securities

(See Section 3.11 of Security Agreement)


 


A. STOCKS:


 


	
  Issuer

  	
   

  	
  Certificate Number

  	
   

  	
  Number of Shares

  	
   

  
	
  Acusphere
  Securities Corp. 

  	
   

  	
  1

  	
   

  	
  100

  	
   

  



 


B. BONDS:


 


	
  Issuer

  	
   

  	
  Number

  	
   

  	
  Face Amount

  	
   

  	
  Coupon Rate

  	
   

  	
  Maturity

  	
   

  
	
  NONE

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


C. GOVERNMENT SECURITIES:


 


	
  Issuer

  	
   

  	
  Number

  	
   

  	
  Type

  	
   

  	
  Face Amount

  	
   

  	
  Coupon Rate

  	
   

  	
  Maturity

  	
   

  
	
  NONE

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


D. OTHER SECURITIES OR OTHER INVESTMENT
PROPERTY


(CERTIFICATED AND UNCERTIFICATED):


 


	
  Issuer

  	
   

  	
  Description of Collateral

  	
   

  	
  Percentage Ownership Interest

  	
   

  
	
  Acusphere
  Limited

  	
   

  	
  65% ownership

  	
   

  	
  65

  	
  %

  



 

















 


EXHIBIT “E”

(See Section 3.1 of Security Agreement)


 


OFFICES IN WHICH FINANCING
STATEMENTS HAVE BEEN FILED


 


Secretary
of State of the State of Delaware


 

















 


EXHIBIT
“F”

(See Definition of “Commercial Tort Claims”)


 


COMMERCIAL
TORT CLAIMS


 


[Describe
parties, case number (if applicable), nature of dispute]


 


Claim filed by Miguel Torres with the Commonwealth of Massachusetts -
Commission Against Discrimination (MCAD), Claim No. 08BEM01015


 

















 


EXHIBIT
“G”


(See
Section 3.10 of Security Agreement”)


 


FEDERAL
EMPLOYER IDENTIFICATION NUMBER;


STATE
ORGANIZATION NUMBER; JURISDICTION OF INCORPORATION


 


	
  GRANTOR

  	
   

  	
  Federal Employer

  Identification

  Number

  	
   

  	
  Type of

  Organization

  	
   

  	
  State of

  Organization or

  Incorporation

  	
   

  	
  State

  Organization

  Number

  	
   

  
	
  Acusphere, Inc.

  	
   

  	
  04-3208947

  	
   

  	
  Corporation

  	
   

  	
  Delaware

  	
   

  	
  2343382

  	
   

  
	
  Acusphere
  Securities Corp.

  	
   

  	
  04-3340552

  	
   

  	
  Corporation

  	
   

  	
  Massachusetts

  	
   

  	
   

  	
   

  
	
  Acusphere
  Limited

  	
   

  	
  SC268017

  	
   

  	
  Corporation

  	
   

  	
  United Kingdom

  	
   

  	
   

  	
   

  



 

















 


EXHIBIT
“H”


(See
Section 3.13 of Security Agreement”)


 


INSURANCE
POLICIES


 


SEE
ATTACHED INSURANCE OUTLINE


 

















 


EXHIBIT
“I”


(See
Section 3.12.3 of Security Agreement”)


 


SEE
ATTACHED IP SCHEDULE


 

















 


Intellectual Property of the Company


 


	
   

  	
   

  	
  Microencapsulated Fluorinated Gases for Use as Imaging Agents

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU102

  	
   

  	
  Australia

  	
   

  	
  Grant

  	
   

  	
  21392/97

  	
   

  	
  Feb 27 1997

  	
   

  	
  721209

  	
   

  	
  Oct 12 2000

  	
   

  
	
   

  	
   

  	
  Austria

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  E266.426

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Belgium

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Brazil

  	
   

  	
  Pending

  	
   

  	
  PI9707936-7

  	
   

  	
  Feb 27 1997

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Canada

  	
   

  	
  Grant

  	
   

  	
  2,247,151

  	
   

  	
  Feb 27 1997

  	
   

  	
  2,247,151

  	
   

  	
  May 20 2008

  	
   

  
	
   

  	
   

  	
  China

  	
   

  	
  Grant

  	
   

  	
  97192870.3

  	
   

  	
  Feb 27 1997

  	
   

  	
  ZL97192870.3

  	
   

  	
  Jul 02 2003

  	
   

  
	
   

  	
   

  	
  Czech Republic

  	
   

  	
  Pending

  	
   

  	
  PV2812-98

  	
   

  	
  Feb 27 1997

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Denmark

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  European Patent

  	
   

  	
  Gone National

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Finland

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  France

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Germany

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  69729088.3

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Greece

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  20040402661

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Hong Kong

  	
   

  	
  Grant

  	
   

  	
  99104237.7

  	
   

  	
  Sep 29 1999

  	
   

  	
  HK1020428

  	
   

  	
  Feb 25 2005

  	
   

  
	
   

  	
   

  	
  Hungary

  	
   

  	
  Pending

  	
   

  	
  P9902897

  	
   

  	
  Feb 27 1997

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Indonesia

  	
   

  	
  Grant

  	
   

  	
  P-970681

  	
   

  	
  Mar 05 1997

  	
   

  	
  ID 0007292

  	
   

  	
  Jan 31 2002

  	
   

  
	
   

  	
   

  	
  Ireland

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Israel

  	
   

  	
  Grant

  	
   

  	
  126073

  	
   

  	
  Feb 27 1997

  	
   

  	
  126073

  	
   

  	
  May 12 2002

  	
   

  
	
   

  	
   

  	
  Italy

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Japan

  	
   

  	
  Grant

  	
   

  	
  531838/97

  	
   

  	
  Feb 27 1997

  	
   

  	
  3,178,724

  	
   

  	
  Apr 13 2001

  	
   

  
	
   

  	
   

  	
  Korea, Republic
  of (South)

  	
   

  	
  Grant

  	
   

  	
  98-706964

  	
   

  	
  Feb 27 1997

  	
   

  	
  0477857

  	
   

  	
  Mar 10 2005

  	
   

  
	
   

  	
   

  	
  Luxembourg

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Malaysia

  	
   

  	
  Grant

  	
   

  	
  PI 9700858

  	
   

  	
  Mar 05 1997

  	
   

  	
  MY-124549-A

  	
   

  	
  Jun 30 2006

  	
   

  
	
   

  	
   

  	
  Monaco

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Netherlands

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  New Zealand

  	
   

  	
  Grant

  	
   

  	
  331460

  	
   

  	
  Feb 27 1997

  	
   

  	
  331460

  	
   

  	
  Apr 26 1999

  	
   

  
	
   

  	
   

  	
  Norway

  	
   

  	
  Grant

  	
   

  	
  1998.4089

  	
   

  	
  Feb 27 1997

  	
   

  	
  312.940

  	
   

  	
  Jul 22 2002

  	
   

  
	
   

  	
   

  	
  Philippines

  	
   

  	
  Grant

  	
   

  	
  55726

  	
   

  	
  Mar 04 1997

  	
   

  	
  1-1997-55726

  	
   

  	
  Nov 15 2000

  	
   

  
	
   

  	
   

  	
  Poland

  	
   

  	
  Grant

  	
   

  	
  P328690

  	
   

  	
  Feb 27 1997

  	
   

  	
  PL 190452

  	
   

  	
  Dec 12 2005

  	
   

  
	
   

  	
   

  	
  Portugal

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Singapore

  	
   

  	
  Grant

  	
   

  	
  9805169-1

  	
   

  	
  Feb 27 1997

  	
   

  	
  56794

  	
   

  	
  Nov 16 1999

  	
   

  
	
   

  	
   

  	
  South Africa

  	
   

  	
  Grant

  	
   

  	
  97/1812

  	
   

  	
  Mar 03 1997

  	
   

  	
  97/1812

  	
   

  	
  Jan 27 1999

  	
   

  
	
   

  	
   

  	
  Spain

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Sweden

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Switzerland

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  Taiwan

  	
   

  	
  Grant

  	
   

  	
  86102918

  	
   

  	
  Mar 10 1997

  	
   

  	
  I246426

  	
   

  	
  Jan 01 2006

  	
   

  
	
   

  	
   

  	
  Thailand

  	
   

  	
  Pending

  	
   

  	
  036055

  	
   

  	
  Mar 05 1997

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United Kingdom

  	
   

  	
  Grant

  	
   

  	
  97906791.5

  	
   

  	
  Feb 27 1997

  	
   

  	
  0904113

  	
   

  	
  May 12 2004

  	
   

  
	
   

  	
   

  	
  United States of
  America

  	
   

  	
  Grant

  	
   

  	
  08/611,248

  	
   

  	
  Mar 05 1996

  	
   

  	
  5,611,344

  	
   

  	
  Mar 18 1997

  	
   

  



 

















 


	
   

  	
   

  	
  Title

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  File Number

  	
   

  	
  Country Name

  	
   

  	
  Status Description

  	
   

  	
  Application Number

  	
   

  	
  Appl. Date

  	
   

  	
  Patent No.

  	
   

  	
  Date of Grant

  
	
  ACU102CON

  	
   

  	
  Method for Making Porous Microparticles by Spray
  Drying

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  08/745,676

  	
   

  	
  Nov
  08 1996

  	
   

  	
  5,853,698

  	
   

  	
  Dec
  29 1998

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU102CON(2)

  	
   

  	
  Ultrasound
  Contrast Agents Produced By Spray Drying

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/158,295

  	
   

  	
  Sep
  22 1998

  	
   

  	
  6,132,699

  	
   

  	
  Oct
  17 2000

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU103

  	
   

  	
  Polymer-Lipid
  Microencapsulated Gases for Use as Imaging Agents

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Australia

  	
   

  	
  Grant

  	
   

  	
  33672/97

  	
   

  	
  Feb
  27 1997

  	
   

  	
  720727

  	
   

  	
  Sep
  21 2000

  
	
   

  	
   

  	
  Austria

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  Belgium

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  Brazil

  	
   

  	
  Pending

  	
   

  	
  PI9711109-0

  	
   

  	
  Feb
  27 1997

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Canada

  	
   

  	
  Grant

  	
   

  	
  2,260,938

  	
   

  	
  Feb
  27 1997

  	
   

  	
  2,260,938

  	
   

  	
  May 06
  2003

  
	
   

  	
   

  	
  China

  	
   

  	
  Grant

  	
   

  	
  97196876.4

  	
   

  	
  Feb
  27 1997

  	
   

  	
  ZL97196876.4

  	
   

  	
  Oct
  23 2002

  
	
   

  	
   

  	
  Czech
  Republic

  	
   

  	
  Pending

  	
   

  	
  PV
  328-99

  	
   

  	
  Feb
  27 1997

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Denmark

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  European
  Patent

  	
   

  	
  Gone
  National

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  Finland

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  France

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  Germany

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  69729579.6

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  Greece

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  Hong
  Kong

  	
   

  	
  Grant

  	
   

  	
  00103029.9

  	
   

  	
  Feb
  27 1997

  	
   

  	
  HK1023939

  	
   

  	
  Apr
  22 2005

  
	
   

  	
   

  	
  Hungary

  	
   

  	
  Pending

  	
   

  	
  P0000392

  	
   

  	
  Feb
  27 1997

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Indonesia

  	
   

  	
  Grant

  	
   

  	
  P-970682

  	
   

  	
  Mar
  05 1997

  	
   

  	
  ID0006280

  	
   

  	
  May 03
  2001

  
	
   

  	
   

  	
  Ireland

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  Israel

  	
   

  	
  Grant

  	
   

  	
  128163

  	
   

  	
  Feb
  27 1997

  	
   

  	
  128163

  	
   

  	
  Jun
  11 2002

  
	
   

  	
   

  	
  Italy

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  Japan

  	
   

  	
  Grant

  	
   

  	
  508764/98

  	
   

  	
  Feb
  27 1997

  	
   

  	
  2987212

  	
   

  	
  Oct
  01 1999

  
	
   

  	
   

  	
  Korea,
  Republic of (South)

  	
   

  	
  Grant

  	
   

  	
  99-7000708

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0477876

  	
   

  	
  Mar
  10 2005

  
	
   

  	
   

  	
  Luxembourg

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  Malaysia

  	
   

  	
  Grant

  	
   

  	
  PI
  9700890

  	
   

  	
  Mar
  05 1997

  	
   

  	
  MY-130324-A

  	
   

  	
  Jun
  29 2007

  
	
   

  	
   

  	
  Monaco

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  Netherlands

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  New
  Zealand

  	
   

  	
  Grant

  	
   

  	
  333864

  	
   

  	
  Feb
  27 1997

  	
   

  	
  333864

  	
   

  	
  Aug
  17 1999

  
	
   

  	
   

  	
  Norway

  	
   

  	
  Grant

  	
   

  	
  1999.0402

  	
   

  	
  Feb
  27 1997

  	
   

  	
  318.460

  	
   

  	
  Mar
  21 2005

  
	
   

  	
   

  	
  Philippines

  	
   

  	
  Grant

  	
   

  	
  55724

  	
   

  	
  Mar
  04 1997

  	
   

  	
  1-1997-55724

  	
   

  	
  Dec
  08 1999

  
	
   

  	
   

  	
  Poland

  	
   

  	
  Grant

  	
   

  	
  P331487

  	
   

  	
  Feb
  27 1997

  	
   

  	
  188011

  	
   

  	
  Feb
  10 2005

  
	
   

  	
   

  	
  Portugal

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  Singapore

  	
   

  	
  Grant

  	
   

  	
  9900418-6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  61311

  	
   

  	
  May 23
  2000

  
	
   

  	
   

  	
  South
  Africa

  	
   

  	
  Grant

  	
   

  	
  97/1813

  	
   

  	
  Mar
  03 1997

  	
   

  	
  97/1813

  	
   

  	
  Jan
  28 1998

  
	
   

  	
   

  	
  Spain

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb 27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun 16 2004

  
	
   

  	
   

  	
  Sweden

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb 27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun 16 2004

  
	
   

  	
   

  	
  Switzerland

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb 27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun 16 2004

  
	
   

  	
   

  	
  Taiwan

  	
   

  	
  Grant

  	
   

  	
  86102919

  	
   

  	
  Mar 10 1997

  	
   

  	
  NI-153017

  	
   

  	
  Jul 23 2002

  
	
   

  	
   

  	
  Thailand

  	
   

  	
  Grant

  	
   

  	
  036054

  	
   

  	
  Mar
  05 1997

  	
   

  	
  21009

  	
   

  	
  Dec
  06 2007

  



 


4

















 


	
   

  	
   

  	
  Title

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  File Number

  	
   

  	
  Country Name

  	
   

  	
  Status Description

  	
   

  	
  Application Number

  	
   

  	
  Appl. Date

  	
   

  	
  Patent No.

  	
   

  	
  Date of Grant

  
	
   

  	
   

  	
  United
  Kingdom

  	
   

  	
  Grant

  	
   

  	
  97929669.6

  	
   

  	
  Feb
  27 1997

  	
   

  	
  0957942

  	
   

  	
  Jun
  16 2004

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  08/681,710

  	
   

  	
  Jul
  29 1996

  	
   

  	
  5,837,221

  	
   

  	
  Nov
  17 1998

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU104

  	
   

  	
  Method
  for Enhancing the Echogenicity and Decreasing the Attenuation of
  Microencapsulated Gases

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Austria

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  E352322

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Belgium

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Brazil

  	
   

  	
  Pending

  	
   

  	
  PI9810371-7

  	
   

  	
  Jun
  30 1998

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Canada

  	
   

  	
  Allowed
  application

  	
   

  	
  2,294,199

  	
   

  	
  Jun
  30 1998

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  China

  	
   

  	
  Grant

  	
   

  	
  98806720.X

  	
   

  	
  Jun 30 1998

  	
   

  	
  ZL98806720.X

  	
   

  	
  Aug 09 2006

  
	
   

  	
   

  	
  Cyprus

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Denmark

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  European
  Patent

  	
   

  	
  Gone
  National

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Finland

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  France

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Germany

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  69836961.0

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Greece

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Hong
  Kong

  	
   

  	
  Grant

  	
   

  	
  00106986.3

  	
   

  	
  Nov
  02 2000

  	
   

  	
  1029273

  	
   

  	
  Aug
  24 2007

  
	
   

  	
   

  	
  Ireland

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Israel

  	
   

  	
  Grant

  	
   

  	
  133595

  	
   

  	
  Jun
  30 1998

  	
   

  	
  133595

  	
   

  	
  Sep
  02 2004

  
	
   

  	
   

  	
  Italy

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Japan

  	
   

  	
  Pending

  	
   

  	
  1999-505860

  	
   

  	
  Jun
  30 1998

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Korea,
  Republic of (South)

  	
   

  	
  Grant

  	
   

  	
  1999-7012433

  	
   

  	
  Jun
  30 1998

  	
   

  	
  10-0637022

  	
   

  	
  Oct
  16 2006

  
	
   

  	
   

  	
  Luxembourg

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Malaysia

  	
   

  	
  Grant

  	
   

  	
  PI9802974

  	
   

  	
  Jun
  30 1998

  	
   

  	
  MY-122120-A

  	
   

  	
  Mar
  31 2006

  
	
   

  	
   

  	
  Mexico

  	
   

  	
  Grant

  	
   

  	
  9911840

  	
   

  	
  Jun
  30 1998

  	
   

  	
  236136

  	
   

  	
  Apr
  24 2006

  
	
   

  	
   

  	
  Monaco

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Netherlands

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Norway

  	
   

  	
  Grant

  	
   

  	
  19996512

  	
   

  	
  Jun
  30 1998

  	
   

  	
  316614

  	
   

  	
  Mar
  08 2004

  
	
   

  	
   

  	
  Philippines

  	
   

  	
  Grant

  	
   

  	
  1-1998-01674

  	
   

  	
  Jul
  01 1998

  	
   

  	
  1-1998-01674

  	
   

  	
  May 26
  2003

  
	
   

  	
   

  	
  Portugal

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Spain

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Sweden

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  Switzerland

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  United
  Kingdom

  	
   

  	
  Grant

  	
   

  	
  98932957.8

  	
   

  	
  Jun
  30 1998

  	
   

  	
  0996470

  	
   

  	
  Jan
  24 2007

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  08/885,933

  	
   

  	
  Jun
  30 1997

  	
   

  	
  6,045,777

  	
   

  	
  Apr
  04 2000

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU105

  	
   

  	
  Matrices
  Formed Of Polymer And Hydrophobic Compounds For Use In Drug Delivery

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Australia

  	
   

  	
  Grant

  	
   

  	
  746696

  	
   

  	
  Mar 08 1999

  	
   

  	
  746696

  	
   

  	
  Aug 15 2002

  
	
   

  	
   

  	
  Austria

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  Belgium

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  Brazil

  	
   

  	
  Pending

  	
   

  	
  PI9910340-0

  	
   

  	
  Mar 08 1999

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Canada

  	
   

  	
  Grant

  	
   

  	
  2,329,875

  	
   

  	
  Mar 08 1999

  	
   

  	
  2,329,875

  	
   

  	
  Sep 16 2003

  



 


5

















 


	
   

  	
   

  	
  Title

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  File Number

  	
   

  	
  Country Name

  	
   

  	
  Status Description

  	
   

  	
  Application Number

  	
   

  	
  Appl. Date

  	
   

  	
  Patent No.

  	
   

  	
  Date of Grant

  
	
   

  	
   

  	
  China

  	
   

  	
  Grant

  	
   

  	
  99806372.X

  	
   

  	
  Mar
  08 1999

  	
   

  	
  ZL99806372.X

  	
   

  	
  May 18 2005

  
	
   

  	
   

  	
  Denmark

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  European Patent

  	
   

  	
  Gone National

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  Finland

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  France

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  Germany

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  69930240.4

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  Greece

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  Ireland

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  Israel

  	
   

  	
  Grant

  	
   

  	
  139252

  	
   

  	
  Mar 08 1999

  	
   

  	
  139252

  	
   

  	
  Feb 01 2007

  
	
   

  	
   

  	
  Italy

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  Japan

  	
   

  	
  Pending

  	
   

  	
  2000-546758

  	
   

  	
  Mar
  08 1999

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Korea,
  Republic of (South)

  	
   

  	
  Grant

  	
   

  	
  2000-7012030

  	
   

  	
  Mar
  08 1999

  	
   

  	
  10-0703051

  	
   

  	
  Mar 28 2007

  
	
   

  	
   

  	
  Mexico

  	
   

  	
  Allowed
  application

  	
   

  	
  PA/a/2000/010566

  	
   

  	
  Mar
  08 1999

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Netherlands

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  New Zealand

  	
   

  	
  Grant

  	
   

  	
  508470

  	
   

  	
  Mar 08 1999

  	
   

  	
  508470

  	
   

  	
  Jun 09 2003

  
	
   

  	
   

  	
  Norway

  	
   

  	
  Grant

  	
   

  	
  20005452

  	
   

  	
  Mar 08 1999

  	
   

  	
  324895

  	
   

  	
  Dec 27 2007

  
	
   

  	
   

  	
  Poland

  	
   

  	
  Grant

  	
   

  	
  P343691

  	
   

  	
  Mar 08 1999

  	
   

  	
  196159

  	
   

  	
  Nov 16 2007

  
	
   

  	
   

  	
  Portugal

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  Singapore

  	
   

  	
  Grant

  	
   

  	
  200006235-6

  	
   

  	
  Mar 08 1999

  	
   

  	
  76927

  	
   

  	
  Aug 21 2004

  
	
   

  	
   

  	
  Spain

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  Sweden

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  Switzerland

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  United Kingdom

  	
   

  	
  Grant

  	
   

  	
  99911269.1

  	
   

  	
  Mar 08 1999

  	
   

  	
  1073422

  	
   

  	
  Mar 08 2006

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/255,179

  	
   

  	
  Feb
  22 1999

  	
   

  	
  6,423,345

  	
   

  	
  Jul 23 2002

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU105DIV

  	
   

  	
  Matrices
  Formed Of Polymer And Hydrophobic Compounds For Use In Drug Delivery

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/730,694

  	
   

  	
  Dec
  06 2000

  	
   

  	
  7,160,557

  	
   

  	
  Jan 09 2007

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU105DIV(2)

  	
   

  	
  Matrices  Formed Of Polymer And Hydrophobic
  Compounds For Use In Drug Delivery

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/731,412

  	
   

  	
  Dec
  06 2000

  	
   

  	
  7,052,719

  	
   

  	
  May 30 2006

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU105DIV(2)CON

  	
   

  	
  Matrices
  Formed Of Polymer And Hydrophobic Compounds For Use In Drug Delivery

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  10/383,264

  	
   

  	
  Mar
  05 2003

  	
   

  	
  6,689,390

  	
   

  	
  Feb 10 2004

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU105DIVCON

  	
   

  	
  Matrices
  Formed Of Polymer And Hydrophobic Compounds For Use In Drug Delivery

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  10/384,902

  	
   

  	
  Mar
  06 2003

  	
   

  	
  6,730,322

  	
   

  	
  May 04 2004

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU105DIVCON(2)

  	
   

  	
  Matrices
  Formed Of Polymer And Hydrophobic Compounds For Use In Drug Delivery

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Pending

  	
   

  	
  11/617,935

  	
   

  	
  Dec
  29 2006

  	
   

  	
   

  	
   

  	
   

  



 


6

















 


	
   

  	
   

  	
  Title

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  File Number

  	
   

  	
  Country Name

  	
   

  	
  Status Description

  	
   

  	
  Application Number

  	
   

  	
  Appl. Date

  	
   

  	
  Patent No.

  	
   

  	
  Date of Grant

  
	
  ACU108

  	
   

  	
  Spray
  Drying Apparatus And Methods Of Use

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Australia

  	
   

  	
  Grant

  	
   

  	
  769298

  	
   

  	
  Apr
  26 2000

  	
   

  	
  769298

  	
   

  	
  May 06 2004

  
	
   

  	
   

  	
  Austria

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  E260.707

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Belgium

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr 26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Brazil

  	
   

  	
  Pending

  	
   

  	
  PI0011226-7

  	
   

  	
  Apr 26 2000

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Canada

  	
   

  	
  Grant

  	
   

  	
  2,372,194

  	
   

  	
  Apr
  26 2000

  	
   

  	
  2,372,194

  	
   

  	
  Jan 18 2005

  
	
   

  	
   

  	
  China

  	
   

  	
  Grant

  	
   

  	
  00807223.X

  	
   

  	
  Apr 26 2000

  	
   

  	
  ZL00807223.X

  	
   

  	
  Apr 21 2004

  
	
   

  	
   

  	
  Cyprus

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr 26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Denmark

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr 26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  European Patent

  	
   

  	
  Gone National

  	
   

  	
  00928391.2

  	
   

  	
  Apr 26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Finland

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr 26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  France

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr 26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Germany

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  60008720.4

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Greece

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  20040401759

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Ireland

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr 26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Israel

  	
   

  	
  Grant

  	
   

  	
  146265

  	
   

  	
  Apr 26 2000

  	
   

  	
  146265

  	
   

  	
  Apr 25 2005

  
	
   

  	
   

  	
  Italy

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Japan

  	
   

  	
  Pending

  	
   

  	
  2000-615133

  	
   

  	
  Apr
  26 2000

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Korea,
  Republic of (South)

  	
   

  	
  Grant

  	
   

  	
  2001-7013974

  	
   

  	
  Apr
  26 2000

  	
   

  	
  0464065

  	
   

  	
  Dec 20 2004

  
	
   

  	
   

  	
  Luxembourg

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Malaysia

  	
   

  	
  Grant

  	
   

  	
  PI20001901

  	
   

  	
  May 03
  2000

  	
   

  	
  MY-125075-A

  	
   

  	
  Jul 31 2006

  
	
   

  	
   

  	
  Monaco

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Netherlands

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  New
  Zealand

  	
   

  	
  Grant

  	
   

  	
  515684

  	
   

  	
  Apr
  26 2000

  	
   

  	
  515684

  	
   

  	
  Sep 08 2003

  
	
   

  	
   

  	
  Norway

  	
   

  	
  Grant

  	
   

  	
  20015351

  	
   

  	
  Apr
  26 2000

  	
   

  	
  321912

  	
   

  	
  Jul 17 2006

  
	
   

  	
   

  	
  Philippines

  	
   

  	
  Grant

  	
   

  	
  1-2000-01120

  	
   

  	
  May 03
  2000

  	
   

  	
  1-2000-01120

  	
   

  	
  Feb 07 2006

  
	
   

  	
   

  	
  Portugal

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Singapore

  	
   

  	
  Grant

  	
   

  	
  200106762-8

  	
   

  	
  Apr
  26 2000

  	
   

  	
  84699

  	
   

  	
  Feb 28 2005

  
	
   

  	
   

  	
  South
  Africa

  	
   

  	
  Grant

  	
   

  	
  2001/9553

  	
   

  	
  Apr
  26 2000

  	
   

  	
  2001/9553

  	
   

  	
  Aug 27 2003

  
	
   

  	
   

  	
  Spain

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Sweden

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Switzerland

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  Taiwan

  	
   

  	
  Grant

  	
   

  	
  89108409

  	
   

  	
  Jul
  13 2000

  	
   

  	
  NI-187729

  	
   

  	
  Feb 05 2004

  
	
   

  	
   

  	
  Thailand

  	
   

  	
  Grant

  	
   

  	
  057275

  	
   

  	
  May 03
  2000

  	
   

  	
  23591

  	
   

  	
  Apr 21 2008

  
	
   

  	
   

  	
  United
  Kingdom

  	
   

  	
  Grant

  	
   

  	
  00928391.2

  	
   

  	
  Apr
  26 2000

  	
   

  	
  1175257

  	
   

  	
  Mar 03 2004

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/304,257

  	
   

  	
  May 03
  1999

  	
   

  	
  6,223,455

  	
   

  	
  May 01 2001

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU108CIP

  	
   

  	
  Spray
  Drying Apparatus And Methods Of Use

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/756,950

  	
   

  	
  Jan
  09 2001

  	
   

  	
  6,308,434

  	
   

  	
  Oct 30 2001

  



 


7

















 


	
   

  	
   

  	
  Title

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  File Number

  	
   

  	
  Country Name

  	
   

  	
  Status Description

  	
   

  	
  Application Number

  	
   

  	
  Appl. Date

  	
   

  	
  Patent No.

  	
   

  	
  Date of Grant

  
	
  ACU108CIP(2)

  	
   

  	
  Spray
  Drying Apparatus And Methods Of Use

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  10/045,419

  	
   

  	
  Oct
  26 2001

  	
   

  	
  6,560,897

  	
   

  	
  May 13 2003

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU109

  	
   

  	
  Porous
  Drug Matrices And Methods For Manufacture Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/433,486

  	
   

  	
  Nov
  04 1999

  	
   

  	
  6,395,300

  	
   

  	
  May 28 2002

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU109/110

  	
   

  	
  Porous
  Drug Matrices And Methods Of Manufacture Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Australia

  	
   

  	
  Grant

  	
   

  	
  768022

  	
   

  	
  May 25
  2000

  	
   

  	
  768022

  	
   

  	
  Mar 11 2004

  
	
   

  	
   

  	
  Austria

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  Belgium

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  Brazil

  	
   

  	
  Pending

  	
   

  	
  PI0010984-3

  	
   

  	
  May 25
  2000

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Canada

  	
   

  	
  Grant

  	
   

  	
  2,371,836

  	
   

  	
  May 25
  2000

  	
   

  	
  2,371,836

  	
   

  	
  Jan 31 2006

  
	
   

  	
   

  	
  China

  	
   

  	
  Grant

  	
   

  	
  00808161.1

  	
   

  	
  May 25
  2000

  	
   

  	
  ZL00808161.1

  	
   

  	
  Feb 08 2006

  
	
   

  	
   

  	
  Denmark

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  European
  Patent

  	
   

  	
  Gone
  National

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  Finland

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  France

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  Germany

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  60024811.9

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  Hong
  Kong

  	
   

  	
  Grant

  	
   

  	
  03101310.8

  	
   

  	
  May 25
  2000

  	
   

  	
  HK1048956

  	
   

  	
  Jul 28 2006

  
	
   

  	
   

  	
  Ireland

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  Israel

  	
   

  	
  Pending

  	
   

  	
  146659

  	
   

  	
  May 25
  2000

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Italy

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  Japan

  	
   

  	
  Pending

  	
   

  	
  2000-620939

  	
   

  	
  May 25
  2000

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Korea,
  Republic of (South)

  	
   

  	
  Grant

  	
   

  	
  2001-7015052

  	
   

  	
  May 25
  2000

  	
   

  	
  10-0752000

  	
   

  	
  Aug 17 2007

  
	
   

  	
   

  	
  Mexico

  	
   

  	
  Grant

  	
   

  	
  PA/a/2001/012106

  	
   

  	
  May 25
  2000

  	
   

  	
  244662

  	
   

  	
  Apr 02 2007

  
	
   

  	
   

  	
  Netherlands

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  New
  Zealand

  	
   

  	
  Grant

  	
   

  	
  516083

  	
   

  	
  May 25
  2000

  	
   

  	
  516083

  	
   

  	
  Dec 08 2003

  
	
   

  	
   

  	
  Norway

  	
   

  	
  Grant

  	
   

  	
  20015753

  	
   

  	
  May 25
  2000

  	
   

  	
  323761

  	
   

  	
  Jul 02 2007

  
	
   

  	
   

  	
  Philippines

  	
   

  	
  Grant

  	
   

  	
  1-2000-01402

  	
   

  	
  May 29
  2000

  	
   

  	
  1-2000-001402

  	
   

  	
  Nov 21 2006

  
	
   

  	
   

  	
  Portugal

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  Singapore

  	
   

  	
  Grant

  	
   

  	
  200107349-3

  	
   

  	
  May 25
  2000

  	
   

  	
  85293

  	
   

  	
  Jan 30 2004

  
	
   

  	
   

  	
  South
  Africa

  	
   

  	
  Grant

  	
   

  	
  2001/10347

  	
   

  	
  May 25
  2000

  	
   

  	
  2001/10347

  	
   

  	
  Sep 23 2003

  
	
   

  	
   

  	
  Spain

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  Sweden

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  Switzerland

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
  Taiwan

  	
   

  	
  Grant

  	
   

  	
  89110363

  	
   

  	
  May 29
  2000

  	
   

  	
  I274589

  	
   

  	
  Mar 01 2007

  
	
   

  	
   

  	
  Thailand

  	
   

  	
  Pending

  	
   

  	
  057899

  	
   

  	
  May 29
  2000

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  Kingdom

  	
   

  	
  Grant

  	
   

  	
  00939365.3

  	
   

  	
  May 25
  2000

  	
   

  	
  1180020

  	
   

  	
  Dec 14 2005

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU109/110DIV

  	
   

  	
  Porous
  Drug Matrices And Methods Of Manufacture Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  China

  	
   

  	
  Grant

  	
   

  	
  200510136940.4

  	
   

  	
  Dec 15 2005

  	
   

  	
  ZL200510136940.4

  	
   

  	
  Mar 26 2008

  



 


8

















 


	
   

  	
   

  	
  Title

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  File Number

  	
   

  	
  Country Name

  	
   

  	
  Status Description

  	
   

  	
  Application Number

  	
   

  	
  Appl. Date

  	
   

  	
  Patent No.

  	
   

  	
  Date of Grant

  
	
   

  	
   

  	
  European
  Patent

  	
   

  	
  Pending

  	
   

  	
  05027194.9

  	
   

  	
  May 25
  2000

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Hong
  Kong

  	
   

  	
  Pending

  	
   

  	
  07102209.6

  	
   

  	
  May 25
  2000

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Korea,
  Republic of (South)

  	
   

  	
  Pending

  	
   

  	
  2007-7012286

  	
   

  	
  May 25
  2000

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Philippines

  	
   

  	
  Pending

  	
   

  	
  1-2006-000163

  	
   

  	
  May 29
  2000

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU109CIP

  	
   

  	
  Porous
  Drug Matrices And Methods For Manufacture Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Pending

  	
   

  	
  10/053,929

  	
   

  	
  Jan
  22 2002

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU109CIPDIV

  	
   

  	
  Porous
  Drug Matrices And Methods For Manufacture Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Pending

  	
   

  	
  10/924,642

  	
   

  	
  Aug
  24 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU109CIPDIV(2)

  	
   

  	
  Porous
  Drug Matrices and Methods of Manufacture Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Pending

  	
   

  	
  10/928,886

  	
   

  	
  Aug
  27 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU109DIV

  	
   

  	
  Porous
  Drug Matrices And Methods For Manufacture Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/694,407

  	
   

  	
  Oct
  23 2000

  	
   

  	
  6,645,528

  	
   

  	
  Nov
  11 2003

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU109DIV(2)

  	
   

  	
  Porous
  Drug Matrices And Methods For Manufacture Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/706,045

  	
   

  	
  Nov
  03 2000

  	
   

  	
  6,932,983

  	
   

  	
  Aug
  23 2005

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU110

  	
   

  	
  Porous
  Paclitaxel Matrices And Methods Of Manufacturing Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/798,824

  	
   

  	
  Mar
  02 2001

  	
   

  	
  6,610,317

  	
   

  	
  Aug
  26 2003

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU110REISSUE

  	
   

  	
  Porous
  Paclitaxel Matrices and Methods of Manufacture Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  11/213,257

  	
   

  	
  Aug
  26 2005

  	
   

  	
  RE40,493

  	
   

  	
  Sep
  09 2009

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU111

  	
   

  	
  Porous
  Celecoxib Matrices And Methods of Manufacture Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Canada

  	
   

  	
  Grant

  	
   

  	
  2,412,885

  	
   

  	
  Jun
  15 2001

  	
   

  	
  2,412,885

  	
   

  	
  Sep
  05 2006

  
	
   

  	
   

  	
  Japan

  	
   

  	
  Pending

  	
   

  	
  2002-510056

  	
   

  	
  Jun
  15 2001

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/881,289

  	
   

  	
  Jun
  14 2001

  	
   

  	
  6,589,557

  	
   

  	
  Jul
  08 2003

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU111CIP

  	
   

  	
  Porous
  Cox-2 Inhibitor Matrices and Methods of Manufacture Thereof

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  10/441,440

  	
   

  	
  May 19
  2003

  	
   

  	
  6,800,297

  	
   

  	
  Oct
  05 2004

  



 


9

















 


	
   

  	
   

  	
  Title

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  File Number

  	
   

  	
  Country
  Name

  	
   

  	
  Status
  Description

  	
   

  	
  Application
  Number

  	
   

  	
  Appl.
  Date

  	
   

  	
  Patent
  No.

  	
   

  	
  Date of
  Grant

  
	
  ACU116

  	
   

  	
  Ultrasound
  Contrast Agent Dosage Formulation

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Australia

  	
   

  	
  Pending

  	
   

  	
  2004320514

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Brazil

  	
   

  	
  Pending

  	
   

  	
  PI0418879-9

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Canada

  	
   

  	
  Pending

  	
   

  	
  2,569,134

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  China

  	
   

  	
  Pending

  	
   

  	
  200480043713.0

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  European
  Patent

  	
   

  	
  Pending

  	
   

  	
  04014021.2

  	
   

  	
  Jun
  15 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Hong
  Kong

  	
   

  	
  Pending

  	
   

  	
  06106371.0

  	
   

  	
  Jun
  02 2006

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  India

  	
   

  	
  Pending

  	
   

  	
  7358/DELNP/2006

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Indonesia

  	
   

  	
  Pending

  	
   

  	
  W00200603448

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Israel

  	
   

  	
  Pending

  	
   

  	
  179594

  	
   

  	
  Jan
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Japan

  	
   

  	
  Pending

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Korea,
  Republic of (South)

  	
   

  	
  Pending

  	
   

  	
  2007-7000082

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Malta

  	
   

  	
  Grant

  	
   

  	
  2248

  	
   

  	
  Jun
  11 2004

  	
   

  	
  PAT/2248

  	
   

  	
  Dec
  21 2005

  
	
   

  	
   

  	
  Mexico

  	
   

  	
  Pending

  	
   

  	
  PA/a/2006/01411

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  New
  Zealand

  	
   

  	
  Pending

  	
   

  	
  551986

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Norway

  	
   

  	
  Pending

  	
   

  	
  2007
  0070

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Philippines

  	
   

  	
  Pending

  	
   

  	
  1-2006-502433

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Russian
  Federation

  	
   

  	
  Allowed
  application

  	
   

  	
  2006147232

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Singapore

  	
   

  	
  Pending

  	
   

  	
  200608260-6

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  South
  Africa

  	
   

  	
  Allowed
  application

  	
   

  	
  2006/09760

  	
   

  	
  Jun
  04 2004

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Pending

  	
   

  	
  11/143,170

  	
   

  	
  Jun
  02 2005

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Pending

  	
   

  	
  11/834,111

  	
   

  	
  Aug
  06 2007

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU118

  	
   

  	
  Ultrasonic
  Contrast Agents, Process for Their Preparation and Their Use as a Diagnostic
  and Therapeutic Agent

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Denmark

  	
   

  	
  Grant

  	
   

  	
  1990 01864

  	
   

  	
  Feb 01 1989

  	
   

  	
  PR 175832

  	
   

  	
  Mar 14 2005

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU118CNT3

  	
   

  	
  Ultrasonic
  Contrast Agents, Process for Their Preparation and Their Use as a Diagnostic
  and Therapeutic Agent

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  08/072,748

  	
   

  	
  Jun
  07 1993

  	
   

  	
  5,425,366

  	
   

  	
  Jun
  20 1995

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU118CNT5

  	
   

  	
  Ultrasonic
  Contrast Agents, Process for Their Preparation and Their Use as a Diagnostic
  and Therapeutic Agent

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  08/477,642

  	
   

  	
  Jun
  07 1995

  	
   

  	
  6,071,496

  	
   

  	
  Jun
  06 2000

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU118CNT6

  	
   

  	
  Ultrasonic
  Contrast Agents, Process for Their Preparation and Their Use as a Diagnostic
  and Therapeutic Agent

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  08/474,468

  	
   

  	
  Jun
  07 1995

  	
   

  	
  6,177,062

  	
   

  	
  Jan
  23 2001

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU122

  	
   

  	
  Microparticle
  Preparations Made From Biodegradable Copolymers

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  08/897,319

  	
   

  	
  Jul
  21 1997

  	
   

  	
  6,383,470

  	
   

  	
  May 07
  2002

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU123

  	
   

  	
  Active
  Principles and Gas Conatining Microparticles

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  08/605,174

  	
   

  	
  Aug
  05 1996

  	
   

  	
  6,068,857

  	
   

  	
  May 30
  2000

  



 


10

















 


	
   

  	
   

  	
  Title

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  File Number

  	
   

  	
  Country
  Name

  	
   

  	
  Status
  Description

  	
   

  	
  Application
  Number

  	
   

  	
  Appl.
  Date

  	
   

  	
  Patent
  No.

  	
   

  	
  Date of
  Grant

  
	
  ACU123DIV

  	
   

  	
  New
  Microparticles Containing Active Ingredients, Agents Containing These
  Microparticles, Their Use for Ultrasound-Controlled Release of Active
  Ingredients, as well as a Process for their Production

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/459,578

  	
   

  	
  Dec
  13 1999

  	
   

  	
  6,284,280

  	
   

  	
  Sep
  04 2001

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU124

  	
   

  	
  Microparticles  That
  Contain Gas, Media That Contain The Latter, Their Use In Ultrasound
  Diagnosis, As Well As Process For The Production Of The Particles And Media

  
	
   

  	
   

  	
  Japan

  	
   

  	
  Pending

  	
   

  	
  7-522099

  	
   

  	
  Feb
  10 1995

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Norway

  	
   

  	
  Grant

  	
   

  	
  19963501

  	
   

  	
  Feb
  10 1995

  	
   

  	
  312497

  	
   

  	
  May 21
  2002

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/129,953

  	
   

  	
  Aug
  06 1998

  	
   

  	
  6,306,366

  	
   

  	
  Oct
  22 2001

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU125

  	
   

  	
  Multi-State
  Method For Producing Gas-FIlled Microcapsules

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Hong
  Kong

  	
   

  	
  Grant

  	
   

  	
  03102710.2

  	
   

  	
  Apr
  15 2003

  	
   

  	
  HK1050492

  	
   

  	
  Sep
  16 2005

  
	
   

  	
   

  	
  Korea,
  Republic of (South)

  	
   

  	
  Grant

  	
   

  	
  10-2001-7015097

  	
   

  	
  May 23
  2000

  	
   

  	
  681369

  	
   

  	
  Feb
  05 2007

  
	
   

  	
   

  	
  Mexico

  	
   

  	
  Grant

  	
   

  	
  PA/A/2001/011998

  	
   

  	
  May 23
  2000

  	
   

  	
  228943

  	
   

  	
  Jul
  06 2005

  
	
   

  	
   

  	
  New
  Zealand

  	
   

  	
  Grant

  	
   

  	
  515147

  	
   

  	
  May 23
  2000

  	
   

  	
  515147

  	
   

  	
  Nov
  03 2003

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  09/979,554

  	
   

  	
  Mar
  27 2002

  	
   

  	
  6,652,782

  	
   

  	
  Nov
  25 2003

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU126

  	
   

  	
  Device
  and Process for Quantifying Bodies

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  European
  Patent

  	
   

  	
  Pending

  	
   

  	
  03745194.5

  	
   

  	
  Mar
  27 2003

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Japan

  	
   

  	
  Pending

  	
   

  	
  2003-579664

  	
   

  	
  Mar
  27 2003

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Grant

  	
   

  	
  10/400,928

  	
   

  	
  Mar
  28 2003

  	
   

  	
  6,872,180

  	
   

  	
  Mar
  29 2005

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU142(8)

  	
   

  	
  Taxane
  Formulations For Local Treatment

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  United
  States of America

  	
   

  	
  Pending

  	
   

  	
  60/988,057

  	
   

  	
  Nov
  14 2007

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU143

  	
   

  	
  Formulations
  of Tetrahydropyridine Antiplatelet Agents For Parenteral Or Oral
  Administration

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  PCT

  	
   

  	
  Pending

  	
   

  	
  PCT/US2007/084040

  	
   

  	
  Nov
  08 2007

  	
   

  	
   

  	
   

  	
   

  



 


The highlighted patents are subject to the terms of a License
Agreement dated March 28, 2008 between Cephalon, Inc. and Acusphere, Inc.,
as amended from time to time in accordance with its terms (a copy of the
License Agreement was filed as an exhibit to Acusphere’s Quarterly Report
on Form 10-Q for the quarter ended March 31, 2008).


 


11
















 


Acusphere, Inc.
– List of Cases (Sutherland)


 


Acusphere, Inc.
– Patent Portfolio (Sutherland)


 


ACU
112 – Methods for Making Pharmaceutical Formulations Comprising Deagglomerated
Microparticles


 


	
  Acusphere Reference

  No.

  	
   

  	
  Country

  	
   

  	
  Application No.

  	
   

  	
  Filing Date

  	
   

  	
  Status

  	
   

  	
  Patent No.

  
	
  ACU 112

  	
   

  	
  United States

  	
   

  	
  10/324,558

  	
   

  	
  12/19/2002

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 112 DIV

  	
   

  	
  United States

  	
   

  	
  11/305,461

  	
   

  	
  12/16/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 112 DIV2

  	
   

  	
  United States

  	
   

  	
  11/305,620

  	
   

  	
  12/16/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 112 CIP

  	
   

  	
  United States

  	
   

  	
  10/955,261

  	
   

  	
  09/30/2004

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 112 AU

  	
   

  	
  Australia

  	
   

  	
  2003295698

  	
   

  	
  06/06/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 112 BR

  	
   

  	
  Brazil

  	
   

  	
  0317611-8

  	
   

  	
  06/20/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 112 EP

  	
   

  	
  European Patent Convention

  	
   

  	
  03 786 899.9

  	
   

  	
  07/11/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 112 IN

  	
   

  	
  India

  	
   

  	
  1037/KOLNP/2005

  	
   

  	
  05/31/2005

  	
   

  	
  Granted

  	
   

  	
  216049

  
	
  ACU 112 IL

  	
   

  	
  Israel

  	
   

  	
  168673

  	
   

  	
  05/18/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 112 JP

  	
   

  	
  Japan

  	
   

  	
  2004-565051

  	
   

  	
  06/17/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 112 ZA

  	
   

  	
  South Africa

  	
   

  	
  2005/04213

  	
   

  	
  06/19/2005

  	
   

  	
  Granted

  	
   

  	
  2005/004213

  



 


ACU
114 – Methods and Apparatus for Making Particles Using Spray Dryer and In-Line
Jet Mill


 


	
  Acusphere Reference 

  No.

  	
   

  	
  Country

  	
   

  	
  Application No.

  	
   

  	
  Filing Date

  	
   

  	
  Status

  	
   

  	
  Patent No.

  
	
  ACU 114

  	
   

  	
  United States

  	
   

  	
  10/324,943

  	
   

  	
  12/19/2002

  	
   

  	
  Granted

  	
   

  	
  6,962,006

  
	
  ACU 114 DIV

  	
   

  	
  United States

  	
   

  	
  10/752,861

  	
   

  	
  01/07/2004

  	
   

  	
  Granted

  	
   

  	
  6,921,458

  
	
  ACU 114 DIV2

  	
   

  	
  United States

  	
   

  	
  10/752,910

  	
   

  	
  01/07/2004

  	
   

  	
  Granted

  	
   

  	
  6,918,991

  
	
  ACU 114 CON

  	
   

  	
  United States

  	
   

  	
  11/142,917

  	
   

  	
  06/02/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 114 AU

  	
   

  	
  Australia

  	
   

  	
  2003295704

  	
   

  	
  07/04/2005

  	
   

  	
  Granted

  	
   

  	
  2003295704

  
	
  ACU 114 BR

  	
   

  	
  Brazil

  	
   

  	
  0317595-2

  	
   

  	
  06/20/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 114 CA

  	
   

  	
  Canada

  	
   

  	
  2,511,376

  	
   

  	
  06/20/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 114 CN

  	
   

  	
  China (Peoples Republic)

  	
   

  	
  200380106437.3

  	
   

  	
  06/17/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 114 EP

  	
   

  	
  European Patent 

  	
   

  	
  03 786 905.4

  	
   

  	
  07/11/2005

  	
   

  	
  Pending

  	
   

  	
   

  



 

















 


	
   

  	
   

  	
  Convention

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ACU 114 IN

  	
   

  	
  India

  	
   

  	
  1086/K100LNP/2005

  	
   

  	
  06/07/2005

  	
   

  	
  Granted

  	
   

  	
  217417

  
	
  ACU 114 IL

  	
   

  	
  Israel

  	
   

  	
  168746

  	
   

  	
  05/23/2005

  	
   

  	
  Granted

  	
   

  	
  Awaiting

  
	
  ACU 114 IL DIV

  	
   

  	
  Israel

  	
   

  	
  188086

  	
   

  	
  12/12/2007

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 114 JP

  	
   

  	
  Japan

  	
   

  	
  2004-565053

  	
   

  	
  06/17/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 114 ZA

  	
   

  	
  South Africa

  	
   

  	
  2005/04300

  	
   

  	
  06/19/2005

  	
   

  	
  Granted

  	
   

  	
  2005/04300

  



 


ACU
115 – Sustained Release Pharmaceutical Formulation for Inhalation


 


	
  Acusphere Reference 

  No.

  	
   

  	
  Country

  	
   

  	
  Application
  No.

  	
   

  	
  Filing
  Date

  	
   

  	
  Status

  	
   

  	
  Patent No.

  
	
  ACU 115

  	
   

  	
  United States

  	
   

  	
  10/675,874

  	
   

  	
  09/30/2002

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 115 EP

  	
   

  	
  European Patent
  Convention

  	
   

  	
  03 770 579.5

  	
   

  	
  04/28/2005

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 115 JP

  	
   

  	
  Japan

  	
   

  	
  2004-541904

  	
   

  	
  03/24/2005

  	
   

  	
  Pending

  	
   

  	
   

  



 


ACU
136 – Processes for Making Particle-Based Pharmaceutical Formulations for Oral
Administration


 


	
  Acusphere Reference 

  No.

  	
   

  	
  Country /
  Application 

  Type

  	
   

  	
  Application
  No.

  	
   

  	
  Filing
  Date

  	
   

  	
  Status

  	
   

  	
  Patent No.

  
	
  ACU 136

  	
   

  	
  United States

  	
   

  	
  11/610,802

  	
   

  	
  12/14/2006

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 136 CA

  	
   

  	
  Canada

  	
   

  	
  2631492

  	
   

  	
  05/29/2008

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 136 EP

  	
   

  	
  European Patent
  Convention

  	
   

  	
  06846616.8

  	
   

  	
  07/10/2008

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 136 IN

  	
   

  	
  India

  	
   

  	
  2107/KOLNP/2008

  	
   

  	
  05/26/2008

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 136 JP

  	
   

  	
  Japan

  	
   

  	
  Not Yet
  Available

  	
   

  	
  06/13/2008

  	
   

  	
  Pending

  	
   

  	
   

  



 


ACU
137 – Processes for Making Particle-Based Pharmaceutical Formulations for
Pulmonary Administration


 


	
  Acusphere Reference 

  No.

  	
   

  	
  Country /
  Application 

  Type

  	
   

  	
  Application
  No.

  	
   

  	
  Filing
  Date

  	
   

  	
  Status

  	
   

  	
  Patent No.

  
	
  ACU 137

  	
   

  	
  United States

  	
   

  	
  11/610,814

  	
   

  	
  12/14/2006

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 137 CA

  	
   

  	
  Canada

  	
   

  	
  2631493

  	
   

  	
  05/29/2008

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 137 EP

  	
   

  	
  European Patent
  Convention

  	
   

  	
  06840262.7

  	
   

  	
  07/01/2008

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 137 IN

  	
   

  	
  India

  	
   

  	
  2367/KOLNP/2008

  	
   

  	
  06/12/2008

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 137 JP

  	
   

  	
  Japan

  	
   

  	
  Not Yet
  Available

  	
   

  	
  06/13/2008

  	
   

  	
  Pending

  	
   

  	
   

  



 

















 


ACU
138 – Processes for Making Particle-Based Pharmaceutical Formulations for
Parenteral Administration


 


	
  Acusphere Reference 

  No.

  	
   

  	
  Country /
  Application 

  Type

  	
   

  	
  Application
  No.

  	
   

  	
  Filing
  Date

  	
   

  	
  Status

  	
   

  	
  Patent No.

  
	
  ACU 138

  	
   

  	
  United States

  	
   

  	
  11/610,791

  	
   

  	
  12/14/2006

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 138 CA

  	
   

  	
  Canada

  	
   

  	
  2631494

  	
   

  	
  05/29/2008

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 138 EP

  	
   

  	
  European Patent
  Convention

  	
   

  	
  06840263.5

  	
   

  	
  07/01/2008

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 138 IN

  	
   

  	
  India

  	
   

  	
  2258/KOLNP/2008

  	
   

  	
  06/04/2008

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 138 JP

  	
   

  	
  Japan

  	
   

  	
  Not Yet
  Available

  	
   

  	
  06/13/2008

  	
   

  	
  Pending

  	
   

  	
   

  



 


ACU
139 – Injectable, Oral, or Topical Sustained Release Pharmaceutical
Formulations


 


	
  Acusphere Reference 

  No.

  	
   

  	
  Country /
  Application 

  Type

  	
   

  	
  Application
  No.

  	
   

  	
  Filing
  Date

  	
   

  	
  Status

  	
   

  	
  Patent No.

  
	
  ACU 139

  	
   

  	
  United States

  	
   

  	
  10/950,856

  	
   

  	
  09/27/2004

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 139 DIV

  	
   

  	
  United States

  	
   

  	
  11/829,629

  	
   

  	
  07/27/2007

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 139 CA

  	
   

  	
  Canada

  	
   

  	
  2,533,887

  	
   

  	
  01/26/2006

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 139 EP

  	
   

  	
  European Patent
  Convention

  	
   

  	
  04789069.4

  	
   

  	
  03/02/2006

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 139 IL

  	
   

  	
  Israel

  	
   

  	
  173571

  	
   

  	
  02/06/2006

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 139 IN

  	
   

  	
  India

  	
   

  	
  923./KOLNP/2006

  	
   

  	
  04/13/2006

  	
   

  	
  Pending

  	
   

  	
   

  
	
  ACU 139 JP

  	
   

  	
  Japan

  	
   

  	
  2006-533991

  	
   

  	
  03/13/2006

  	
   

  	
  Pending

  	
   

  	
   

  



 

















 


Trademarks


 


	
  Trademark

  	
   

  	
  Country

  	
   

  	
  Status

  	
   

  	
  Appl. No.

  	
   

  	
  Reg No.

  	
   

  	
  Filing Date

  	
   

  	
  RegDate

  
	
  HDDS

  	
   

  	
  United States of America

  	
   

  	
  Registered

  	
   

  	
  76/138917

  	
   

  	
  2923584

  	
   

  	
  02-Oct-2000

  	
   

  	
  01-Feb-2005

  
	
  IMAGIFY

  	
   

  	
  Brazil

  	
   

  	
  Published

  	
   

  	
  828.898.464

  	
   

  	
   

  	
   

  	
  21-Dec-2006

  	
   

  	
   

  
	
  IMAGIFY

  	
   

  	
  Canada

  	
   

  	
  Approved for Publ

  	
   

  	
  1307213

  	
   

  	
   

  	
   

  	
  28-Jun-2006

  	
   

  	
   

  
	
  IMAGIFY

  	
   

  	
  China (Peoples Republic)

  	
   

  	
  Pending

  	
   

  	
  5752532

  	
   

  	
   

  	
   

  	
  28-Nov-2006

  	
   

  	
   

  
	
  IMAGIFY

  	
   

  	
  European Community

  	
   

  	
  Registered

  	
   

  	
  5170378

  	
   

  	
  5170378

  	
   

  	
  29-Jun-2006

  	
   

  	
  07-Jun-2007

  
	
  IMAGIFY

  	
   

  	
  Japan

  	
   

  	
  Registered

  	
   

  	
  2006-110894

  	
   

  	
  5043084

  	
   

  	
  30-Nov-2006

  	
   

  	
  20-Apr-2007

  
	
  IMAGIFY

  	
   

  	
  Mexico

  	
   

  	
  Registered

  	
   

  	
  826468

  	
   

  	
  1003404

  	
   

  	
  19-Dec-2006

  	
   

  	
  21-Sep-2007

  
	
  IMAGIFY

  	
   

  	
  Switzerland

  	
   

  	
  Registered

  	
   

  	
  60795/2006

  	
   

  	
  555585

  	
   

  	
  28-Nov-2006

  	
   

  	
  19-Feb-2007

  
	
  IMAGIFY

  	
   

  	
  United States of America

  	
   

  	
  ExtReq#1

  	
   

  	
  78/919287

  	
   

  	
   

  	
   

  	
  28-Jun-2006

  	
   

  	
   

  
	
  XACTURIS

  	
   

  	
  Canada

  	
   

  	
  Approved for Publ

  	
   

  	
  1307215

  	
   

  	
   

  	
   

  	
  28-Jun-2006

  	
   

  	
   

  
	
  XACTURIS

  	
   

  	
  European Community

  	
   

  	
  Registered

  	
   

  	
  5170535

  	
   

  	
  5170535

  	
   

  	
  29-Jun-2006

  	
   

  	
  29-Aug-2007

  
	
  XACTURIS

  	
   

  	
  United States of America

  	
   

  	
  ExtReq#1

  	
   

  	
  78/919263

  	
   

  	
   

  	
   

  	
  28-Jun-2006

  	
   

  	
   

  
	
  ZACUNOST

  	
   

  	
  Brazil

  	
   

  	
  Published

  	
   

  	
  828.898.456

  	
   

  	
   

  	
   

  	
  21-Dec-2006

  	
   

  	
   

  
	
  ZACUNOST

  	
   

  	
  Canada

  	
   

  	
  Approved for Publ

  	
   

  	
  1307214

  	
   

  	
   

  	
   

  	
  28-Jun-2006

  	
   

  	
   

  
	
  ZACUNOST

  	
   

  	
  China (Peoples Republic)

  	
   

  	
  Pending

  	
   

  	
  5752533

  	
   

  	
   

  	
   

  	
  28-Nov-2006

  	
   

  	
   

  
	
  ZACUNOST

  	
   

  	
  European Community

  	
   

  	
  Registered

  	
   

  	
  5170469

  	
   

  	
  5170469

  	
   

  	
  29-Jun-2006

  	
   

  	
  29-Aug-2007

  
	
  ZACUNOST

  	
   

  	
  Japan

  	
   

  	
  Registered

  	
   

  	
  2006-110893

  	
   

  	
  5043083

  	
   

  	
  30-Nov-2006

  	
   

  	
  20-Apr-2007

  
	
  ZACUNOST

  	
   

  	
  Mexico

  	
   

  	
  Registered

  	
   

  	
  826473

  	
   

  	
  1004021

  	
   

  	
  19-Dec-2006

  	
   

  	
  26-Sep-2007

  
	
  ZACUNOST

  	
   

  	
  Switzerland

  	
   

  	
  Registered

  	
   

  	
  60793/2006

  	
   

  	
  554403

  	
   

  	
  28-Nov-2006

  	
   

  	
  19-Jan-2007

  
	
  ZACUNOST

  	
   

  	
  United States of America

  	
   

  	
  ExtReq#1

  	
   

  	
  78/919274

  	
   

  	
   

  	
   

  	
  28-Jun-2006

  	
   

  	
   

  
	
  ACUSPHERE

  	
   

  	
  United States of America

  	
   

  	
  Pending

  	
   

  	
  78/942646

  	
   

  	
   

  	
   

  	
  1-Aug-2006