exv10w32



 







EXHIBIT 10.32



*[NOTE: CERTAIN PORTIONS OF THIS DOCUMENT HAVE BEEN MARKED TO INDICATE THAT CONFIDENTIAL
INFORMATION HAS BEEN OMITTED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR THIS CONFIDENTIAL
INFORMATION. THE CONFIDENTIAL PORTIONS HAVE BEEN PROVIDED SEPARATELY TO THE SECURITIES AND
EXCHANGE COMMISSION]




SOFTWARE DEVELOPMENT and 




LICENSE AGREEMENT




between




VOLCANO CORPORATION




and




PAIEON, INC.




DATED AS OF May 10, 2006





 









 








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Table of Contents




	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	Page	 
	1.	 	DEFINITIONS	 	 	1	 
	 
	 	1.1	 	“AAA”	 	 	1	 
	 
	 	1.2	 	“Acceptance”	 	 	1	 
	 
	 	1.3	 	“Acceptance Criteria”	 	 	1	 
	 
	 	1.4	 	“Affiliate”	 	 	1	 
	 
	 	1.5	 	“Agreement”	 	 	1	 
	 
	 	1.6	 	“Annual License”	 	 	1	 
	 
	 	1.7	 	“Annual Upgrades”	 	 	1	 
	 
	 	1.8	 	“Bankruptcy Code”	 	 	2	 
	 
	 	1.9	 	“Breaching Party”	 	 	2	 
	 
	 	1.10	 	“Business Days”	 	 	2	 
	 
	 	1.11	 	“CardiOp-B”	 	 	2	 
	 
	 	1.12	 	“CDA”	 	 	2	 
	 
	 	1.13	 	“Claims”.	 	 	2	 
	 
	 	1.14	 	“Commercially Reasonable Efforts”	 	 	2	 
	 
	 	1.15	 	“Confidential Information”	 	 	2	 
	 
	 	1.16	 	“Consoles”	 	 	2	 
	 
	 	1.17	 	“Deliverable” and “Deliverables”	 	 	2	 
	 
	 	1.18	 	“Demonstration Units”	 	 	2	 
	 
	 	1.19	 	“Development Plan”	 	 	2	 
	 
	 	1.20	 	“Disruptive Event”	 	 	2	 
	 
	 	1.21	 	“Documentation”	 	 	2	 
	 
	 	1.22	 	“Dongle”	 	 	2	 
	 
	 	1.23	 	“Dongle File”	 	 	2	 
	 
	 	1.24	 	“Effective Date”	 	 	2	 
	 
	 	1.25	 	“End-User(s)”	 	 	2	 
	 
	 	1.26	 	“End-User License”	 	 	3	 
	 
	 	1.27	 	“Executive Officers”	 	 	3	 
	 
	 	1.28	 	“FDA”	 	 	3	 
	 
	 	1.29	 	“Indemnified Party”	 	 	3	 
	 
	 	1.30	 	“Indemnitor”	 	 	3	 
	 
	 	1.31	 	“Initial Acceptance Period”	 	 	3	 
	 
	 	1.32	 	“Interfaces”	 	 	3	 
	 
	 	1.33	 	“Invention”	 	 	3	 
	 
	 	1.34	 	“Know-How”	 	 	3	 
	 
	 	1.35	 	“Master Copy”	 	 	3	 
	 
	 	1.36	 	“Milestone Event”	 	 	3	 
	 
	 	1.37	 	“MOU”	 	 	3	 
	 
	 	1.38	 	“Non-breaching Party”	 	 	3	 
	 
	 	1.39	 	“Paieon”	 	 	3	 
	 
	 	1.40	 	“Paieon Know-How”	 	 	3	 
	 
	 	1.41	 	“Paieon Patent Rights”	 	 	3	 
	 
	 	1.42	 	“Paieon Technology”	 	 	4	 
	 
	 	1.43	 	“Party”	 	 	4	 
	 
	 	1.44	 	“Patent Rights”	 	 	4	 
	 
	 	1.45	 	“Periodic Report”	 	 	4	 
	 
	 	1.46	 	“Person”	 	 	4	 
	 
	 	1.47	 	“Product”	 	 	4	 
	 
	 	1.48	 	“QS”	 	 	4	 






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	 	1.49	 	“Regulatory Approvals”	 	 	4	 
	 
	 	1.50	 	“Regulatory Authority”	 	 	4	 
	 
	 	1.51	 	“S5 Development Plan”	 	 	4	 
	 
	 	1.52	 	“S5 Milestone Events”	 	 	4	 
	 
	 	1.53	 	“S5 Product”	 	 	4	 
	 
	 	1.54	 	“S5 Project”	 	 	4	 
	 
	 	1.55	 	“Specifications”	 	 	4	 
	 
	 	1.56	 	“Term”	 	 	4	 
	 
	 	1.57	 	“Territory”	 	 	4	 
	 
	 	1.58	 	“Third Party”	 	 	5	 
	 
	 	1.59	 	“Trademarks”	 	 	5	 
	 
	 	1.60	 	“Training Program”	 	 	5	 
	 
	 	1.61	 	“United States” or “U.S.”	 	 	5	 
	 
	 	1.62	 	“Upgrades”.	 	 	5	 
	 
	 	1.63	 	“Validated”	 	 	5	 
	 
	 	1.64	 	“VIVUS”	 	 	5	 
	 
	 	1.65	 	“Volcano”	 	 	5	 
	 
	 	1.66	 	“Volcano Customer Information”	 	 	5	 
	 
	 	1.67	 	“Volcano Know-How”	 	 	5	 
	 
	 	1.68	 	“Volcano Patent Rights”	 	 	5	 
	 
	 	1.69	 	“Volcano Technology”	 	 	5	 
	 
	 	1.70	 	“Warranty Period”	 	 	5	 
	2.	 	REPRESENTATIONS, WARRANTIES AND COVENANTS	 	 	5	 
	 
	 	2.1	 	Representations and Warranties of Both Parties	 	 	5	 
	 
	 	2.2	 	Representations and Warranties of Paieon	 	 	6	 
	 
	 	2.3	 	Representations and Warranties of Volcano	 	 	6	 
	 
	 	2.4	 	Covenants of Paieon	 	 	7	 
	 
	 	2.5	 	Covenants of Volcano	 	 	7	 
	 
	 	2.6	 	Disclaimers	 	 	7	 
	3.	 	SCOPE OF ACTIVITIES; DEVELOPMENT PLAN	 	 	7	 
	 
	 	3.1	 	Generally	 	 	7	 
	 
	 	3.2	 	Scope of the Development Plan	 	 	8	 
	 
	 	3.3	 	Responsibilities of the Parties	 	 	8	 
	 
	 	3.4	 	Development Funding	 	 	9	 
	 
	 	3.5	 	Acceptance Criteria	 	 	10	 
	 
	 	3.6	 	Acceptance Testing	 	 	10	 
	 
	 	3.7	 	Record-Keeping	 	 	10	 
	 
	 	3.8	 	Access to Facilities and Personnel	 	 	11	 
	 
	 	3.9	 	S5 Project	 	 	11	 
	4.	 	GRANT OF RIGHTS; OBLIGATIONS	 	 	12	 
	 
	 	4.1	 	Licenses to Volcano	 	 	12	 
	 
	 	4.2	 	License to Paieon	 	 	12	 
	5.	 	COMMERCIALIZATION	 	 	13	 
	 
	 	5.1	 	Trademarks; Logos	 	 	13	 
	 
	 	5.2	 	Documentation; Training	 	 	13	 
	 
	 	5.3	 	Demonstration Units; Equipment Loan	 	 	13	 
	 
	 	5.4	 	Warranty; Upgrades	 	 	14	 
	 
	 	5.5	 	Escrows	 	 	14	 
	6.	 	SOFTWARE LICENSE FEES; PAYMENTS; SUPPLY AND REPORTS	 	 	15	 
	 
	 	6.1	 	License Fees	 	 	15	 
	 
	 	6.2	 	Supply	 	 	15	 
	 
	 	6.3	 	Payments; Credits	 	 	16	 
	 
	 	6.4	 	Records Retention	 	 	16	 
	 
	 	6.5	 	Audits	 	 	16	 






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	 	 	 	 	 	 	Page	 
	7.	 	INTELLECTUAL PROPERTY	 	 	16	 
	 
	 	7.1	 	Ownership	 	 	16	 
	 
	 	7.2	 	Inventions	 	 	17	 
	 
	 	7.3	 	Patent Prosecution / Maintenance	 	 	17	 
	 
	 	7.4	 	Infringement Action by Third Parties	 	 	18	 
	8.	 	CONFIDENTIALITY	 	 	18	 
	 
	 	8.1	 	Confidentiality; Exceptions	 	 	18	 
	 
	 	8.2	 	Exceptions to Obligation	 	 	18	 
	 
	 	8.3	 	Limitations on Use	 	 	19	 
	 
	 	8.4	 	Superseded CDA	 	 	19	 
	 
	 	8.5	 	Remedies	 	 	19	 
	9.	 	INDEMNIFICATION; INSURANCE	 	 	19	 
	 
	 	9.1	 	Indemnification by Paieon	 	 	19	 
	 
	 	9.2	 	Indemnification by Volcano	 	 	20	 
	 
	 	9.3	 	Procedures for Indemnification	 	 	20	 
	 
	 	9.4	 	Infringement Indemnification	 	 	21	 
	 
	 	9.5	 	Insurance	 	 	21	 
	 
	 	9.6	 	Limitation of Liability	 	 	21	 
	10.	 	TERM AND TERMINATION	 	 	21	 
	 
	 	10.1	 	Term	 	 	21	 
	 
	 	10.2	 	Termination for Cause	 	 	22	 
	 
	 	10.3	 	Termination by Volcano	 	 	22	 
	 
	 	10.4	 	Termination by Mutual Agreement	 	 	22	 
	 
	 	10.5	 	Termination for Insolvency	 	 	22	 
	 
	 	10.6	 	Effect of Termination; Expiration	 	 	23	 
	 
	 	10.7	 	Accrued Rights; Surviving Obligations	 	 	23	 
	11.	 	FORCE MAJEURE	 	 	23	 
	12.	 	DISPUTE RESOLUTION	 	 	23	 
	 
	 	12.1	 	Referral to Executive Officers	 	 	23	 
	 
	 	12.2	 	Arbitration	 	 	24	 
	 
	 	12.3	 	Reserved Rights	 	 	24	 
	13.	 	NOTICE	 	 	24	 
	14.	 	BOOKS AND RECORDS	 	 	25	 
	15.	 	GOVERNING LAW	 	 	25	 
	16.	 	MISCELLANEOUS	 	 	25	 
	 
	 	16.1	 	Future Development Projects	 	 	25	 
	 
	 	16.2	 	Relationship of Parties	 	 	25	 
	 
	 	16.3	 	Further Actions	 	 	25	 
	 
	 	16.4	 	Waiver of Jury Trial	 	 	26	 
	 
	 	16.5	 	Public Announcements	 	 	26	 
	 
	 	16.6	 	Construction of Agreement	 	 	26	 
	 
	 	16.7	 	Compliance with Laws	 	 	26	 
	 
	 	16.8	 	Waiver	 	 	26	 
	 
	 	16.9	 	Severability	 	 	26	 
	 
	 	16.10	 	Assignment	 	 	27	 
	 
	 	16.11	 	Use of Name	 	 	27	 
	 
	 	16.12	 	Entire Agreement	 	 	27	 
	 
	 	16.13	 	Parties in Interest	 	 	27	 
	 
	 	16.14	 	Descriptive Headings	 	 	27	 
	 
	 	16.15	 	Counterparts	 	 	27	 






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List Of Annexes




	 	 	 	 	 	 
	 	 	 	 	 	 
	 	Annex A

	 	 	Development Plan for VIVUS	 
	 	 	 	 	 	 
	 	Annex B

	 	 	Form of End User License Agreement	 
	 	 	 	 	 	 
	 	Annex C

	 	 	Development Plan for S5	 
	 	 	 	 	 	 






List Of Exhibits




	 	 	 	 	 	 
	 	 	 	 	 	 
	 	Exhibit 1.11

	 	 	CardiOp-B Specifications	 
	 	 	 	 	 	 
	 	Exhibit 1.41

	 	 	Existing Paieon Patent Rights	 
	 	 	 	 	 	 
	 	Exhibit 1.68

	 	 	Existing Volcano Patent Rights	 
	 	 	 	 	 	 
	 	Exhibit 2.2.5

	 	 	CardiOp-B Regulatory Approvals	 
	 	 	 	 	 	 
	 	Exhibit 3.5

	 	 	Acceptance Criteria	 
	 	 	 	 	 	 
	 	Exhibit 3.9

	 	 	Preliminary Development Activity and Efforts for the S5 Project	 
	 	 	 	 	 	 
	 	Exhibit 5.3.1

	 	 	Demonstration Units / Equipment Loans	 
	 	 	 	 	 	 
	 	Exhibit 5.4.1

	 	 	Installation Details	 
	 	 	 	 	 	 
	 	Exhibit 5.4.2

	 	 	Paieon’s Terms of Maintenance	 
	 	 	 	 	 	 
	 	Exhibit 5.4.3

	 	 	Compatibility Requirements	 
	 	 	 	 	 	 
	 	Exhibit 6.1

	 	 	License Fees	 
	 	 	 	 	 	 
	 	Exhibit 6.2

	 	 	Access Information; Certificates	 
	 	 	 	 	 	 
	 	Exhibit 16.1

	 	 	Planned Future Development Activities	 
	 	 	 	 	 	 






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EXHIBIT 10.32




SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT



THIS Software Development and License Agreement, dated as of May 10, 2006, is entered into
by and between Volcano Corporation, a corporation duly organized and existing under the
laws of the State of Delaware, having offices at 2870 Kilgore Road, Rancho Cordova, California
95670 (“Volcano”), and Paieon, Inc., a corporation duly organized and existing under the
laws of the State of Delaware, having offices located at 747 Third Avenue, New York, New York
10017-2803 (“Paieon”).




PRELIMINARY STATEMENTS



A. Volcano is the owner of, or has the rights to, certain medical devices, computer programs and
software known as Volcano’s Intravascular Ultrasound System.



B. Paieon has expertise in designing and developing computer programs and software for use in
conjunction with medical devices and currently markets and sells its CardiOp-B (as defined below)
software.



C. Volcano wishes to have Paieon, and Paieon wishes to, conduct product development activities for
the purpose of designing and further developing Interfaces (as defined below), all in accordance
with the terms of this Agreement (as defined below).



D. The Parties (as defined below) entered into that certain memorandum of understanding dated
August 7, 2005 as updated by the attachment dated as of September 8, 2005 and attachment #2 dated
January 1, 2006 (collectively, the “MOU”).



NOW, therefore, in consideration of the premises and mutual covenants herein contained, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereto agree as follows:




1. DEFINITIONS




     1.1 “AAA” shall have the meaning assigned to such term in Section 12.2.



     1.2 “Acceptance” shall have the meaning assigned to such term in Section 3.6.4.



     1.3 “Acceptance Criteria” shall have the meaning assigned to such term in Section 3.5.



     1.4 “Affiliate” shall mean, with respect to any Party, any entity controlling, controlled by,
or under common control with, such Party. For these purposes, “control” shall refer to: (i) the
possession, directly or indirectly, of the power to direct the management or policies of an entity,
whether through the ownership of voting securities, by contract or otherwise, or (ii) the
ownership, directly or indirectly, of at least 50% of the voting securities or other ownership
interest of an entity.



     1.5 “Agreement” shall mean this software development and license agreement together with the
preliminary statements and all exhibits, schedules and attachments hereto.



     1.6 “Annual License” shall have the meaning assigned to such term in paragraph 2 of Exhibit
6.1.



     1.7 “Annual Upgrades” shall have the meaning assigned to such term in Section 5.4.2.



 









 





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     1.8 “Bankruptcy Code” shall have the meaning assigned to such term in Section 10.5.2.



     1.9 “Breaching Party” shall have the meaning assigned to such term in Section 10.2.



     1.10 “Business Days” shall mean Monday through Friday, excluding U.S. federal holidays and
Israeli national holidays.



     1.11 “CardiOp-B” shall mean Paieon’s image acquisition and processing software presenting a
three dimensional image for real time use in interventional cardiology. The CardiOp-B
specifications are set forth on Exhibit 1.11.



     1.12 “CDA” shall have the meaning assigned to such term in Section 8.4.



     1.13 “Claims” shall have the meaning assigned to such term in Section 9.1.



     1.14 “Commercially Reasonable Efforts” of a Party shall mean those commercially reasonable
efforts by that Party similar to the efforts that Party in good faith believes it would make in
similar circumstances for its own operations at that time, it being understood that a Party’s
Commercially Reasonable Efforts would not in any event require that Party to take any action that
would be reasonably likely to result in a breach of any other provision of this Agreement, or any
other agreement between the Parties, or any other agreement between a Party, Affiliate of such
Party and/or Third Parties existing as of the Effective Date, or that the Party in good faith
believes may violate any applicable law, regulation, rule, order, permit, direction or license of
any court or governmental authority having appropriate jurisdiction over the Party and subject
matter or would impair its ability to provide services or products hereunder.



     1.15 “Confidential Information” shall have the meaning assigned to such term in Section 8.1.



     1.16 “Consoles” shall have the meaning assigned to such term in Section 5.3.2.



     1.17 “Deliverable” and “Deliverables” shall have the meaning assigned to such terms in Section
3.5.



     1.18 “Demonstration Units” shall have the meaning assigned to such term in Section 4.1.2.



     1.19 “Development Plan” shall have the meaning assigned to such term in Section 3.2.1.



     1.20 “Disruptive Event” shall have the meaning assigned to such term in Section 5.5.3.



     1.21 “Documentation” shall mean the standard training, user, installation and reference
manuals and other materials related to the CardiOp-B and/or Interfaces.



     1.22 “Dongle” shall mean the mechanism for ensuring that only authorized users can use the
CardiOp-B, which shall be provided to Volcano by Paieon as set forth in Exhibit 6.2.



     1.23 “Dongle File” shall have the meaning assigned to such term in Exhibit 6.2.



     1.24 “Effective Date” shall mean the date of this Agreement first written above.



     1.25 “End-User(s)” shall mean those hospitals and catheterization laboratories with an
interest in acquiring a medical device having the general characteristics of the Product.



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     1.26 “End-User License” shall have the meaning assigned to such term in Section 4.1.3.



     1.27 “Executive Officers” shall have the meaning assigned to such term in Section 12.1.



     1.28 “FDA” shall mean the United States Food and Drug Administration or any successor agency
having regulatory jurisdiction over the manufacture, distribution and sale of drugs and medical
devices in the United States.



     1.29 “Indemnified Party” shall have the meaning assigned to such term in Section 9.3



     1.30 “Indemnitor” shall have the meaning assigned to such term in Section 9.3.



     1.31 “Initial Acceptance Period” shall have the meaning assigned to such term in Section
3.6.1.



     1.32 “Interfaces” shall mean all computer programs, software modules and components, including
all source code and object code, specifically developed for Volcano pursuant to the Development
Plan and required to integrate the CardiOp-B with VIVUS (as defined below).



     1.33 “Invention” shall mean any new or useful process, method of use, concept, data, work or
design (whether or not protectable by a patent or a copyright) and any improvement, enhancement,
modification or derivative work (including, without limitation, algorithms, formulae, or novel
descriptors), whether patentable or unpatentable, to existing Patent Rights and Know How that is
conceived or first reduced to practice or first demonstrated to have utility during the Term in
connection with any of the Parties’ activities under this Agreement.



     1.34 “Know-How” shall mean any and all know-how, data, study results, trade secrets,
technologies and other information (including confidential data and Confidential Information),
whether or not patentable, including, without limitation, designs, drawings, medical uses, product
forms and specifications in each case which are not generally known.



     1.35 “Master Copy” shall have the meaning assigned to such term in Section 6.2.



     1.36 “Milestone Event” shall have the meaning assigned to such term in Section 3.4.2.



     1.37 “MOU” shall have the meaning assigned to such term in the preliminary statements.



     1.38 “Non-breaching Party” shall have the meaning assigned to such term in Section 10.2.



     1.39 “Paieon” shall have the meaning assigned to such term in the preamble.



     1.40 “Paieon Know-How” shall mean Know-How and Inventions useful or necessary for: (i) the
design, development, use, and distribution of the CardiOp-B; or (ii) the development, manufacture,
use, offer for sale or sale of the Product; in each case, in the Territory, and which Paieon owns
or has the right to use on the Effective Date or thereafter during the Term.



     1.41 “Paieon Patent Rights” shall mean Patent Rights which: (i) claim or otherwise cover the
CardiOp-B, including any patented Inventions relating thereto; or (ii) are useful or necessary for
the development, manufacture, use or sale of the Product in the Territory; and in



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each case, which Paieon owns or has the right to use on the Effective Date or thereafter
during the Term. A current list of Paieon Patent Rights are set forth on Exhibit 1.41.




     1.42 “Paieon Technology” shall mean Paieon Patent Rights and Paieon Know-How.



     1.43 “Party” shall mean Volcano or Paieon and, when used in the plural, shall mean Volcano and
Paieon.



     1.44 “Patent Rights” shall mean the patents and patent applications in the Territory, together
with any patents that may issue therefore in the Territory, including any and all extensions,
renewals, continuations, continuations-in-part, divisions, patents-of-additions, reissues,
supplementary protection certificates or foreign counterparts of any of the foregoing and any
patents based on applications that claim priority from any of the foregoing.



     1.45 “Periodic Report” shall have the meaning assigned to such term in Section 6.3.



     1.46 “Person” shall mean any individual, corporation, partnership, limited liability company,
trust, governmental entity, or other legal entity of any nature whatsoever.



     1.47 “Product” shall mean the integrated CardiOp-B / VIVUS / Interfaces system.



     1.48 “QS” means current Quality Systems regulations promulgated by the FDA for the design,
manufacture, processing or packaging of medical devices and corresponding regulatory standards
required by other applicable Regulatory Authorities in the Territory, as each may be amended from
time to time.



     1.49 “Regulatory Approvals” shall mean those clearances of applicable Regulatory Authorities
required to market a medical device in the Territory together with appropriate CE marking in
accordance with European Directive 93/68/EEC.



     1.50 “Regulatory Authority” shall mean, the FDA in the U.S., and any health regulatory
authority(ies) in any other country in the Territory that is a counterpart to the FDA and has
responsibility for granting regulatory approval for the marketing, manufacture, and sale of a
Product in such country, including, but not limited to, pricing and reimbursement approvals, and
any successor(s) thereto as well as any state or local health regulatory authorities having
jurisdiction over any activities contemplated by the Parties.



     1.51 “S5 Development Plan” shall have the meaning assigned to such term in Section 3.9.2.



     1.52 “S5 Milestone Events” shall have the meaning assigned to such term in Section 3.9.2.



     1.53 “S5 Product” shall have the meaning assigned to such term in Section 3.9.1.



     1.54 “S5 Project” shall have the meaning assigned to such term in Section 3.9.1.



     1.55 “Specifications” shall mean the preliminary specifications and functionality requirements
for the Interfaces set forth in the Development Plan, and such other specifications to be
established pursuant to the Development Plan, in accordance with the process set out in the
Development Plan, as may be modified, in writing, from time to time, by the Parties.



     1.56 “Term” shall have the meaning assigned to such term in Section 10.1.



     1.57 “Territory” shall mean all countries, world-wide.



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     1.58 “Third Party” shall mean any Person who is neither a Party nor an Affiliate of a Party.



     1.59 “Trademarks” shall have the meaning assigned to such term in Section 5.1.



     1.60 “Training Program” shall have the meaning assigned to such term in Section 5.2.2.



     1.61 “United States” or “U.S.” shall mean The United States of America.



     1.62 “Upgrades” shall have the meaning assigned to such term in Section 5.4.2.



     1.63 “Validated” shall mean in compliance with all applicable requirements of Title 21 of the
Code of Federal Regulations Part 820 including, without limitation, design controls, such as
planning, input, verification and reviews, required for medical device software pursuant to 21 CFR
§820.30.



     1.64 “VIVUS” shall mean Volcano’s IVG intravascular imaging system.



     1.65 “Volcano” shall have the meaning assigned to such term in the preamble.



     1.66 “Volcano Customer Information” shall have the meaning assigned to such term in Section
6.2.



     1.67 “Volcano Know-How” shall mean Know-How and Inventions useful or necessary for: (i) the
design, development, use, and distribution of the VIVUS; or (ii) the development, manufacture, use,
offer for sale or sale of the Product; in each case, in the Territory, and which Volcano owns or
has the rights to use on the Effective Date or thereafter during the Term.



     1.68 “Volcano Patent Rights” shall mean Patent Rights which: (i) claim or otherwise cover
VIVUS, including any patented Inventions relating thereto; or (ii) are useful or necessary for the
development, manufacture, use or sale of the Product in the Territory; and in each case, which
Volcano owns or has the rights to use on the Effective Date or thereafter during the Term. A
current list of Volcano Patent Rights are set forth on Exhibit 1.68.



     1.69 “Volcano Technology” shall mean the Volcano Patent Rights and Volcano Know-How.



     1.70 “Warranty Period” shall have the meaning assigned to such term in Section 5.4.1.



2. REPRESENTATIONS, WARRANTIES AND COVENANTS.




     2.1 Representations and Warranties of Both Parties. Each Party represents and warrants to the
other Party, as of the Effective Date, that:



          2.1.1 such Party: (A) is a corporation duly organized, validly existing and in good standing
under the laws of the jurisdiction in which it is incorporated; (B) has the corporate power and
authority and the legal right to own and operate its property and assets, to lease the property and
assets it operates under lease, and to carry on its business as it is now being conducted; and (C)
is in compliance with all requirements of applicable law, except to the extent that any
noncompliance would not reasonably be expected to have a material adverse effect on the properties,
business, financial or other condition of such Party and would not materially adversely affect such
Party’s ability to perform its obligations under this Agreement;




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          2.1.2 such Party: (A) has the corporate power and authority and the legal right to enter into
this Agreement and to perform its obligations hereunder; and (B) has taken all necessary corporate
action on its part to authorize the execution and delivery of this Agreement and the performance of
its obligations hereunder. The Agreement has been duly executed and delivered on behalf of such
Party, and constitutes a legal, valid, binding obligation, enforceable against such Party in
accordance with its terms except to the extent that enforceability may be limited by applicable
bankruptcy, insolvency or other laws affecting the enforcement of creditors’ rights generally and
subject to the general principles of equity (regardless of whether enforcement is sought in a court
of law or equity);




          2.1.3 such Party has obtained all necessary consents, approvals and authorizations of all
governmental authorities and Third Parties required to be obtained by such Party in connection with
this Agreement, other than any approvals required of applicable Regulatory Authorities as may be
required under this Agreement from time to time; and




          2.1.4 the execution and delivery of this Agreement and the performance of such Party’s
obligations hereunder: (A) do not conflict with or violate any requirement of all applicable
national, federal, state and local laws, rules or regulations; and (B) do not conflict with, or
constitute a default under, any contractual obligation of such Party.




     2.2 Representations and Warranties of Paieon. Paieon represents and warrants to Volcano, as
of the Effective Date, that:



          2.2.1 Paieon is the owner of, or has rights to, all of the Paieon Patent Rights in existence
on the Effective Date, and has the right to grant the licenses granted under this Agreement
therefor;




          2.2.2 Paieon is the sole owner of or has the right to use the Paieon Know-How in existence on
the Effective Date, and has the right to grant the licenses granted under this Agreement therefor;




          2.2.3 Paieon has not received any valid written claim or demand leading it to believe that the
Paieon Technology infringes any patent or other intellectual property right of any Third Party;




          2.2.4 to the best of Paieon’s knowledge, none of the Paieon Know-How in existence on the
Effective Date was obtained by Paieon or its Affiliates in violation of any contractual or
fiduciary obligation to which Paieon or its Affiliates or any of their respective employees or
staff members are or were bound, or by the misappropriation of the trade secrets of any Third
Party; and




          2.2.5 Paieon has obtained and holds the Regulatory Approvals set forth on Exhibit 2.2.5 for
the CardiOp-B.




     2.3 Representations and Warranties of Volcano. Volcano represents and warrants to Paieon, as
of the Effective Date, that:



          2.3.1 Volcano is the owner of, or has rights to, all of the Volcano Patent Rights in existence
on the Effective Date, and has the right to grant the licenses granted under this Agreement
therefor;




          2.3.2 Volcano is the sole owner of or has the right to use the Volcano Know-How in existence
on the Effective Date, and has the right to grant the licenses granted under this Agreement
therefor;




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          2.3.3 Volcano has not received any valid written claim or demand leading it to believe that
the Volcano Technology infringes any patent or other intellectual property right of any Third
Party; and




          2.3.4 to the best of Volcano’s knowledge, none of the Volcano Know-How in existence on the
Effective Date was obtained by Volcano or its Affiliates in violation of any contractual or
fiduciary obligation to which Volcano or its Affiliates or any of their respective employees or
staff members are or were bound, or by the misappropriation of the trade secrets of any Third
Party.




     2.4 Covenants of Paieon. Paieon covenants with Volcano that in connection with its activities
under this Agreement, Paieon shall comply with good laboratory practice and cGMP, and all relevant
QS requirements, ISO 9001:2000 and ISO 13485:1996, in each case as applicable, and will conduct
such activities in accordance with Section 3 of this Agreement and the Development Plan.



     2.5 Covenants of Volcano. Volcano covenants with Paieon as follows:



          2.5.1 to the extent that Volcano takes part in the development of the Interfaces, Volcano
shall comply with good laboratory practice and cGMP, and all relevant QS requirements, ISO
9001:2000 and ISO 13485:1996, in each case as applicable, and will conduct such activities in
accordance with Section 3 of this Agreement and the Development Plan; and




          2.5.2 Volcano shall use Commercially Reasonable Efforts to distribute and market the Product
in the Territory. Such distribution and marketing shall be in accordance with the terms and
conditions of this Agreement and all applicable laws.




          2.5.3 Volcano acknowledges that Paieon shall be seeking to offer and/or integrate its current
and future products, including the CardiOp-B, together with other medical products and systems,
including intravascular ultrasound systems, and to develop interfaces, programs, modules and/or
components to facilitate such integration and/or operation of the CardiOp-B together with such
products and systems and may use the Interfaces for such purposes, provided that Paieon shall not
use for itself, nor shall Paieon or any of its Affiliates, offer, license, transfer, sell and/or
give to Third Parties the right to use the [CONFIDENTIAL] between the CardiOp-B and the VIVUS.




     2.6 Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 2, NEITHER PARTY MAKES ANY
REPRESENTATIONS OR EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EACH PARTY
EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE OR USE, OR NON-INFRINGEMENT. For the avoidance of doubt, nothing in this Agreement shall be
deemed to be a warranty by Paieon that it will be successful in performing the Development Plan or
that any Interfaces or the CardiOp-B shall be commercially marketable.



3. SCOPE OF ACTIVITIES; DEVELOPMENT PLAN.




     3.1 Generally. The activities of the Parties hereunder, which began under the MOU, including,
without limitation, Paieon’s conduct of development activities to design and develop the Interfaces
and Volcano’s distribution and marketing of the Product, shall be conducted pursuant to the
Development Plan and in accordance with, and subject to, all terms of this Agreement and the
following shall apply:



          3.1.1 The rights of Paieon in and to the CardiOp-B, and Volcano in and to the VIVUS, each as
more fully described in Section 7;




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          3.1.2 The rights of each Party in and to the Interfaces, as more fully described in Section 7;




          3.1.3 The grant of rights and licenses as provided for in Section 4;




          3.1.4 The payment by Volcano to Paieon of the amounts specified in Section 3.4 and the license
fees as set forth in Section 6; and




          3.1.5 The scope of the development activities, the description of each Party’s
responsibilities with respect to same, and the conduct of acceptance testing of the Deliverables,
as set forth in this Section 3.




     3.2 Scope of the Development Plan.



          3.2.1 A development plan, setting forth the Specifications and timelines to be performed, has
been prepared and approved by the Parties and is annexed to and made part of this Agreement as
Annex A (the “Development Plan”). The activities in execution of the Development Plan, which began
under the MOU, shall include the activities of either or both of the Parties to: (A) design and
develop the Specifications for the Interfaces, and (B) further develop the Interfaces in accordance
with the Specifications, as well as such other activities as necessary to implement the activities
set forth in the Development Plan. The Development Plan outlines all current and planned activities
and testing protocols for completion of the Product and each Party’s responsibilities, if any, with
respect to thereto. The Development Plan may be updated and/or amended, at any time and from time
to time, as approved by the Parties. The impact of such modifications on the costs, time schedule
and milestone plan, if any, shall be agreed upon in good faith negotiations conducted by the
Parties and confirmed in writing. Except as otherwise expressly provided in this Agreement, each
Party shall bear the entire cost and expense it incurs in connection with fulfillment of its
obligations hereunder.




          3.2.2 All development activities previously conducted by the Parties under and in reliance on
the MOU, shall be governed by this Agreement and not by such previous agreement, and this Agreement
supersedes the MOU in its entirety. The Parties acknowledge and agree that, as of the Effective
Date, the MOU shall expire and be of no further force or effect.




     3.3 Responsibilities of the Parties.



          3.3.1 The Parties shall use Commercially Reasonable Efforts to timely fulfill their respective
obligations under the Development Plan and this Agreement. Each Party will cooperate in good faith
with the other Party in reasonably facilitating the other Party’s fulfillment of its obligations
and otherwise take actions as set forth in the Development Plan and elsewhere in this Agreement.




          3.3.2 Paieon shall use Commercially Reasonable Efforts to:




               (a) develop the Interfaces in accordance with the Specifications, including conducting all
development activities in good scientific manner, and in compliance in all material respects with
the requirements of cGMP, QS, ISO 9001:2000 and ISO 13485:1996 in order to achieve the objectives
of this Agreement efficiently and expeditiously; and



               (b) assist Volcano, as reasonably requested, to prepare and file those regulatory filings
deemed necessary or desirable to obtain Regulatory Approvals necessary or desirable to market and
sell the Product in the Territory.



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          3.3.3 Volcano shall use Commercially Reasonable Efforts to obtain, as and when required, all
Regulatory Approvals in the countries in which Volcano proposes to market and sell the Product in
the Territory (other than the Regulatory Approvals set forth on Exhibit 2.2.5) subject to the
receipt of the assistance of Paieon as described in Section 3.3.2(b).




     3.4 Development Funding.



          3.4.1 Except as otherwise expressly provided in this Agreement, each Party shall bear the
entire cost and expense it incurs in connection with fulfillment of its obligations under this
Section 3.




          3.4.2 Volcano shall pay to Paieon the following milestone payments upon the first occurrence
of each of the development milestone events (each, a “Milestone Event”) set forth below:




	 	 	 	 	 	 	 	 	 
	Milestone Event	 	Milestone Payment	 	 	Target Delivery Date	 
	1. Execution of the MOU
	 	$	115,000	 	 	Milestone Met and Payment Already Made in Full
	 
	 	 	 	 	 	 	 	 
	2. Acceptance by Volcano of
a functional prototype of
the Product suitable for use
in humans, which shall be
deemed to occur upon
sign-off by Volcano in
accordance with Section 3.6.
	 	$	145,000	 	 	Milestone Met and Payment Already Made in Full
	 
	 	 	 	 	 	 	 	 
	3. Acceptance by Volcano of
the first delivery of the
Interfaces and CardiOp-B
(including the new features
set forth in the attachment
#2 dated January 1, 2006 to
the memorandum of
understanding), which shall
be deemed to occur upon
sign-off by Volcano in
accordance with Section 3.6.
	 	$	114,000	 	 	Milestone Met and Payment Already Made in Full
	 
	 	 	 	 	 	 	 	 
	4. Acceptance by Volcano of
the version release for
integration.
	 	$	100,000	 	 	April 29, 2006
	 
	 	 	 	 	 	 	 	 
	5. Acceptance by Volcano of
the fully-functional
Validated commercial version
of the Interfaces and
CardiOp-B, which shall be
deemed to occur upon
sign-off by Volcano in
accordance with Section 3.6.
	 	$	39,000	 	 	June 15, 2006
	Total
	 	$	513,000	 	 	 	 	 






          3.4.3 The obligation to make a milestone payment under this Section 3.4 is imposed only
once with respect to the occurrence of the corresponding Milestone Event and shall be paid within
five Business Days after occurrence of the corresponding Milestone Event.




          3.4.4 Paieon acknowledges and agrees that in anticipation of the entering into this Agreement,
Volcano previously paid to Paieon the amount of $115,000 in accordance with




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paragraph 2 of the MOU (upon achievement of Milestone Event 1 as specified in Section 3.4.2)
and the further amount of $145,000 in accordance with paragraph 5 of attachment #2 dated January 1,
2006 to the MOU (in respect of Milestone Event 2 as specified in Section 3.4.2).




     3.5 Acceptance Criteria. Each deliverable set forth in the Milestone Events herein (each, a
“Deliverable,” and collectively, the “Deliverables”) shall be subject to acceptance testing by
Volcano to verify that the Deliverable satisfies the acceptance criteria, as agreed to by the
Parties for said Deliverable and set forth in Exhibit 3.5 following such agreement by the Parties
(the “Acceptance Criteria”). The Acceptance Criteria for each Deliverable shall be jointly
developed and mutually agreed to in writing by Volcano and Paieon with respect to such Deliverable.
If Volcano in good faith cannot agree to the Acceptance Criteria proposed by Paieon, Volcano may
terminate this Agreement without incurring any additional liability hereunder as a result of such
termination.



     3.6 Acceptance Testing.



          3.6.1 Acceptance testing for any Deliverable shall commence within five Business Days of: (A)
the date on which Paieon notifies Volcano that the Deliverable has, in Paieon’s opinion, been
satisfactorily completed and is ready for acceptance testing by Volcano; or (B) the date on which
Volcano is provided full access to the Deliverable for acceptance testing, whichever is later.
Acceptance testing shall continue for a period of up to [CONFIDENTIAL] consecutive days (the
“Initial Acceptance Period”).




          3.6.2 If any Deliverable does not conform to the Acceptance Criteria, Volcano shall give
Paieon written notice thereof, listing the non-conformities, within the Initial Acceptance Period.
Volcano shall cooperate with Paieon in identifying the deficiencies that have caused the
Deliverable to fail to conform to the Acceptance Criteria. Paieon shall, at no cost to Volcano,
use Commercially Reasonable Efforts to promptly correct any deficiencies/non-conformities which
prevent such Deliverable from conforming to the Acceptance Criteria. Upon completion of the
corrective action by Paieon, and at no additional cost to Volcano, the Deliverable shall be
subjected to further acceptance testing for up to [CONFIDENTIAL] consecutive days in order to
confirm that the Deliverable conforms to the Acceptance Criteria.




          3.6.3 If 60 days after the end of the Initial Acceptance Period the Deliverable still does not
conform to the Acceptance Criteria, Volcano may: (A) immediately terminate the Development Plan and
this Agreement with respect to the individual Product without any further obligation or liability
of any kind of either party, except that Paieon shall be entitled to retain any milestone payments
previously made by Volcano hereunder; or (B) require Paieon to continue to use Commercially
Reasonable Efforts to attempt to correct the nonconformities at Paieon’s sole cost and expense,
reserving the right to terminate as aforesaid at any time. In the event Paieon determines that it
is not able to correct the deficiencies/non-conformities using Commercially Reasonable Efforts as
aforesaid, the Parties will mutually agree how to proceed or to terminate the Development Plan and
this Agreement with respect to the individual Product.




          3.6.4 When the Deliverable has successfully conformed to or satisfied the Acceptance Criteria,
Volcano shall give Paieon written notice of its acceptance of the Deliverable (“Acceptance”). In
any event, Acceptance shall be deemed to occur upon the occurrence of: (A) the expiration of 30
days following the date on which Paieon notified Volcano that the Deliverable has been
satisfactorily completed and is ready for acceptance testing by Volcano; provided that no written
notice shall have been received by Paieon from Volcano in accordance with Section 3.6.2 above; or
(B) Volcano shall have placed the Product into commercial use or granted an End-User License in
respect thereof.




     3.7 Record-Keeping. Paieon shall maintain records, in sufficient detail and in good
scientific manner, which shall be complete and accurate and shall fully and properly reflect all




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work done and results achieved in the form required under all applicable laws and regulations.
Volcano shall have the right, during normal business hours and upon reasonable notice, to inspect
such records. Volcano shall maintain the information which comes to its attention during such
inspection in confidence in accordance with Section 8 and shall not use such information for any
purpose except to the extent expressly permitted by this Agreement. Upon Volcano’s reasonable
request, Paieon shall provide Volcano with a copy of any such records necessary for Volcano to: (i)
obtain the Regulatory Approvals it is obligated to obtain in connection with the Product, and (ii)
comply with any applicable law, rule or regulation. Volcano shall use such records solely for the
purpose of and to the extent required to obtain the Regulatory Approvals and comply with any
applicable law, rule or regulation and shall keep same as Confidential Information in accordance
with the obligations set forth in Section 8.




     3.8 Access to Facilities and Personnel. Paieon shall allow representatives of Volcano, upon
reasonable notice and during normal business hours, to visit Paieon’s facilities where the
activities contemplated by this Agreement are being conducted, and consult, during such visits and
by telephone, with Paieon’s point-of-contact representative as designated by Paieon. Volcano
shall, and shall ensure that its representatives shall, maintain any information resulting from
such access in confidence in accordance with Section 8 and shall not use such information for any
purpose except to the extent expressly permitted by this Agreement.



     3.9 S5 Project.



          3.9.1 The Parties acknowledge and agree that Paieon is also being engaged to conduct product
development activities to design and develop an interface to integrate the CardiOp-B with Volcano’s
S5 system (the “S5 Product”), the general terms of which are set forth on Exhibit 3.9 (the “S5
Project”).




          3.9.2 A development plan for the S5 Product, setting forth the applicable specifications and
timelines to be performed is annexed to and made part of this Agreement as Annex C (the “S5
Development Plan”). Volcano shall pay to Paieon the following milestone payments upon the first
occurrence of each of the development milestone events (the “S5 Milestone Events”) set forth below:




	 	 	 	 	 	 	 	 	 
	S5 Milestone Event	 	Milestone Payment	 	 	Target Delivery Date	 
	1. Finalization of the
functional specifications for
the S5 Product, as agreed to by
the Parties.
	 	$	112,500	 	 	May 31, 2006
	 
	 	 	 	 	 	 	 	 
	2. Finalization of interface
requirements and specifications
for same, as agreed to by the
Parties.
	 	$	112,500	 	 	June 30, 2006
	 
	 	 	 	 	 	 	 	 






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	S5 Milestone Event	 	Milestone Payment	 	 	Target Delivery Date	 
	3. Acceptance by Volcano of the
interim release of the S5
Interface, which shall be
deemed to occur upon sign-off
by Volcano in accordance with
Section 3.6.
	 	$	112,500	 	 	October 15, 2006
	 
	 	 	 	 	 	 	 	 
	4. Acceptance by Volcano of the
fully-functional Validated
commercial version of the S5
Interface, which shall be
deemed to occur upon sign-off
by Volcano in accordance with
Section 3.6.
	 	$	112,500	 	 	December 31, 2006
	Total
	 	$	450,000	 	 	 	 	 






          3.9.3 Except to the extent that the S5 Development Plan contains any terms or provisions
which are inconsistent with, or conflict with, the terms and provisions of this Agreement (in which
case such terms and provisions shall supersede the Agreement on such specific matters), the terms
and provisions of this Agreement shall apply to the S5 Project, mutatis mutandis.




4. GRANT OF RIGHTS; OBLIGATIONS.




     4.1 Licenses to Volcano.



          4.1.1 Subject to the terms and conditions of this Agreement, Paieon hereby grants to Volcano
and its Affiliates a fully paid-up, limited, royalty-free, non-exclusive, non-transferable (except
in accordance with the terms of this Agreement), right and license for the Term, without the right
to sublicense, under the Paieon Technology solely for the purpose of conducting its activities
under the Development Plan with respect to the Deliverables.




          4.1.2 Subject to Section 5.3 below, Paieon hereby grants to Volcano and its Affiliates a fully
paid-up, limited, non-exclusive, non-transferable (except in accordance with the terms of this
Agreement), worldwide, royalty-free right and license, for the Term, without the right to
sublicense, to display and perform demonstration copies (in the number and form as specified in
Section 5.3 below) of the CardiOp-B, in executable form (“Demonstration Units”).




          4.1.3 Subject to Section 6 below, Paieon hereby grants to Volcano and its Affiliates, for the
Term, a royalty bearing, limited, non-exclusive, non-transferable (except in accordance with the
terms of this Agreement), worldwide, right and license, without the right to sublicense, under the
Paieon Technology, to: (A) use, execute, display, perform and distribute the CardiOp-B, internally
and externally (i.e. on the system provided to Volcano’s distributors) solely for the purpose of
incorporating it with VIVUS in Products; and (B) to grant licenses to use the CardiOp-B
incorporated by the Interfaces with VIVUS into Products through multi-tier distribution channels to
End-Users pursuant to license agreements substantially in the form annexed hereto as Annex B
(“End-User License”). As set forth in Section 2.5.3 above, Paieon shall not use for itself, nor
shall Paieon or any of its Affiliates, offer, license, transfer, sell and/or give to any Third
Parties the right to use the 

[CONFIDENTIAL] between the CardiOp-B and the VIVUS. For the
avoidance of doubt, notwithstanding anything to the contrary in this Agreement, neither Volcano nor
any of its Affiliates shall make any use of, nor grant any right to Third Parties to use, the
[CONFIDENTIAL] except for incorporating the VIVUS with the CardiOp-B.




     4.2 License to Paieon. Subject to the terms and conditions of this Agreement, Volcano hereby
grants to Paieon and its Affiliates a fully paid-up, non-royalty bearing, non-exclusive,
non-transferable (except in accordance with the terms of this Agreement), right and



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license for the Term, without the right to grant sublicenses, under the Volcano Technology to
conduct its activities under the Development Plan with respect to the Deliverables.




5. COMMERCIALIZATION.




     5.1 Trademarks; Logos. Volcano shall market the Product throughout the Territory under a
trademark or trademarks (collectively, the “Trademarks”) selected by Volcano. Subject to
applicable law, all labeling and packaging for all Products to be marketed and sold in the
Territory shall contain, in a manner agreed between the Parties, Paieon’s trade name or logo
identifying Paieon as a co-developer of the Product and as the owner of the CardiOp-B. In
connection with this Section 5.1:



          5.1.1 The ownership and all goodwill from the use of the Trademarks shall vest in and inure to
the benefit of Volcano.




          5.1.2 Paieon acknowledges the exclusive ownership (as between the Parties) of Volcano of the
Trademarks furnished by Volcano (or its Affiliates) for use in connection with the Product. Paieon
shall not, during the Term or thereafter, register, use, or attempt to obtain any right in and to
any such Trademark’s or in and to any name, logo or trademark confusingly similar thereto. Without
derogating from the above, Volcano acknowledges Paieon’s rights in the CardiOp-B trademarks.




     5.2 Documentation; Training.



          5.2.1 Upon Acceptance of the final Deliverable, Paieon shall provide Volcano with all
appropriate Documentation required for the installation, maintenance and use of the Product by the
End-Users. Paieon shall also provide assistance in the installation of the Product at the first
seven End-User sites in order to provide technical training to the technical personnel of Volcano,
its Affiliates, their distributors and the End-Users.




          5.2.2 Promptly after Acceptance of the final Deliverable, Paieon shall develop standardized
training materials and conduct a series of training sessions relating to the use of the Interfaces
and CardiOp-B (the “Training Program”) at no cost to Volcano. Paieon will conduct the Training
Program, comprised of up to 25 hours of in-person training (to be conducted at a single location
over the course of one week) and up to five hours of telephonic or internet-based training.
Additional training shall be available from Paieon at reasonable rates to be agreed between the
Parties prior to any such training taking place.




     5.3 Demonstration Units; Equipment Loan. The Parties acknowledge and agree that:



          5.3.1 Volcano will require Demonstration Units, in such quantity and for such purpose as set
forth on Exhibit 5.3.1 as updated by agreement of the Parties, accompanied by demonstration
instructions, for purposes of demonstrating the Interfaces and CardiOp-B to potential End-Users.
In the event that any Demonstration Unit remains with a potential End-User for substantially longer
than two weeks, Volcano shall provide Paieon with written notice and information regarding such
Demonstration Unit, including location, use, user’s profile etc. In no event shall any
Demonstration Unit stay installed at a potential End-User site for greater than four weeks. Volcano
may request to renew the operation of any Demonstration Unit at an End-User site upon submitting a
detailed request specifying the needs for such renewal to Paieon. Volcano shall pay Paieon, at its
then current rate, for hard copies of any user manual(s), maintenance manual(s) or quick guide(s)
it may require in connection with the Demonstration Units.




          5.3.2 Paieon will require VIVUS consoles and S5 consoles (collectively, the “Consoles”), in
such quantity and solely for such purpose as set forth on Exhibit 5.3.1 as updated




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by agreement of the Parties. The Consoles are being provided to Paieon on-loan and not being
sold, assigned or otherwise transferred to Paieon. Upon 10-days written notice from Volcano,
Paieon shall return all, or such other number, of the Consoles to Volcano as Volcano may require
(e.g., to allow for system upgrades), all of which shall be in good and working condition. Paieon
agrees to keep and maintain sufficient insurance on the Consoles, at its sole cost and expense, to
cover any damages: (A) suffered by the Consoles while under Paieon’s control; or (B) on account of
bodily or personal injury or death to any person, or damage to property of any person as a result
of Paieon’s use or mis-use of the Consoles in violation of this Agreement.




     5.4 Warranty; Upgrades.



          5.4.1 For each sale of the Product by Volcano to an End-User, Paieon shall provide a warranty
for a period of 12 months (the “Warranty Period”) commencing on the date of delivery of such
Product to the End-User. During such Warranty Period, Paieon shall use Commercially Reasonable
Efforts to resolve programming errors, malfunctions or defects in the Interfaces and CardiOp-B to
make the CardiOp-B included as part of the Product function substantially as described in the
then-current Specifications and Documentation. Volcano shall provide a similar warranty in respect
of the VIVUS. For each delivery of the CardiOp-B as aforesaid, Volcano will inform Paieon, in
writing, of such delivery and the date thereof and such other details as agreed between the Parties
and set forth on Exhibit 5.4.1.




          5.4.2 Upon expiration of the Warranty Period, for as long as Paieon continues to provide
updates and upgrades related to the CardiOp-B (collectively, “Upgrades”), Paieon shall make such
Upgrades available for license to End-Users, at such End-Users’ sole election; provided, that
during the Term such Upgrades shall be made available to End-Users, as aforesaid, through Volcano.
Should any Upgrade require a modification in the Interfaces during the Term, Paieon will inform
Volcano in writing and indicate the work required to perform such modification and the estimated
cost thereof. Volcano will decide whether or not it would like Paieon to perform, at Volcano’s
expense, the needed modification. If Volcano elects not to perform the modification required to
implement the Upgrade the Upgrade shall not be provided. As used herein Upgrades shall include,
but not be limited to, error corrections, bug fixes, improvements, application enhancements,
revisions, updates, additional modules or sub-modules to the CardiOp-B. Upgrades shall be made
available by Volcano to End-Users for consecutive one year periods pursuant to Paieon’s standard
maintenance terms, as in effect from time to time, the current version of which is attached hereto
as Exhibit 5.4.2 (“Annual Upgrades”). In the event an End-User elects to purchase any Annual
Upgrades, Volcano shall identify such End-User to Paieon as having purchased an Annual Upgrade and
pay to Paieon [CONFIDENTIAL] of the license fee originally paid by Volcano to Paieon in respect of
the CardiOp-B licensed to such End-User.




          5.4.3 Paieon shall make Commercially Reasonable Efforts to design and implement the relevant
Upgrades in such a way as to be backward compatible to the VIVUS in accordance with the
requirements and detailed specifications set forth on Exhibit 5.4.3, provided that Volcano and/or
the End-Users use the hardware and/or operating systems required to run such Upgrade as specified
by Paieon and that all modifications to the Interfaces required for such Upgrade as notified by
Paieon pursuant to Section 5.4.2 above have been made.




     5.5 Escrows.



          5.5.1 In order to ensure support and maintenance for the Product and the CardiOp-B following a
Disruptive Event, Paieon agrees that within 90 days after Acceptance of the final VIVUS
Deliverable, it shall establish an account with a source code escrow agent mutually acceptable to
the Parties, and shall deposit with such escrow agent the source code for the CardiOp-B. In the
event that following a Disruptive Event, Paieon (or any successor who has undertaken Paieon’s
obligations hereunder) fails in any material respect to provide maintenance




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and support to Volcano pursuant to the terms hereunder, a source code version of the CardiOp-B
and, as applicable, the Interfaces and all Upgrades, including related comments and Documentation,
shall be released to Volcano, which may only be used by Volcano and its Affiliates to provide
maintenance and support to End-Users in accordance with this Agreement.




          5.5.2 In order to ensure a limited supply of Product following a Disruptive Event, Paieon
agrees that within 90 days after Acceptance of the final VIVUS Deliverable, it shall deposit in the
account established with the source code escrow agent pursuant to Section 5.5.1 above, 50 Dongle
Files. Following a Disruptive Event, during the period until the earlier of: (A) termination of
this Agreement; or (B) six months following such Disruptive Event, the requisite escrowed Dongle
File(s) shall be released to Volcano, which may only be used by Volcano and its Affiliates in
accordance with this Agreement including, without limitation, Section 6.3.




          5.5.3 As used in this Section 5.5, a “Disruptive Event” shall mean: (A) Paieon has a petition
in bankruptcy, or an assignment for the benefit of creditors filed by a Third Party against it, or
files such itself, and same is not dismissed within [CONFIDENTIAL].




          5.5.4 Paieon shall, at least once each 12 months during the Term, deposit updated source code
to be held in escrow pursuant to this Section 5.5, such update to include all Upgrades released to
such date.




          5.5.5 Paieon shall: (A) be responsible for and pay all fees to the source code escrow agent;
(B) keep the escrow account current during the Term; and (C) name Volcano as a beneficiary of such
account. Volcano shall reimburse Paieon for 50 percent (50%) of the fees paid to the source code
escrow agent during the Term as follows: (1) following payment to the escrow agent, Paieon shall
submit to Volcano a copy of the original invoice, together with proof of payment by Paieon; and (2)
Volcano shall, within 45 days of receipt of the required documentation, remit to Paieon 50 percent
(50%) of such fees paid by Paieon.




6. SOFTWARE LICENSE FEES; PAYMENTS; SUPPLY AND REPORTS.




     6.1 License Fees. Volcano shall pay Paieon the applicable license fee(s) set forth on Exhibit
6.1 for each license of the CardiOp-B purchased from Paieon.



     6.2 Supply. Following Acceptance of the final Deliverable by Volcano, Paieon shall supply
Volcano with one master copy of the Interfaces and CardiOp-B on CD-ROM (the “Master Copy”). For
each End-User License that Volcano grants, Volcano will provide Paieon with the End-User’s
identification, contact information, address, SW version/PN, number of Dongles (including SNs and
ID numbers), number of licenses, number of user manuals and number of SW CDs (collectively, the
“Volcano Customer Information”), which Volcano Customer Information shall be deemed Confidential
Information of Volcano pursuant to Section 8; provided that such Volcano Customer Information may
only be used by Paieon to (i) maintain a record of licenses granted by Volcano and the status of
each license, (ii) provide maintenance and support to End-Users in accordance with this Agreement;
and (iii) establish and maintain business relationships with End-Users. Notwithstanding the
foregoing, Paieon shall not use the Volcano Customer Information to guide its own marketing
activities or provide the Volcano Customer Information to third parties without Volcano’s prior
written consent. Volcano shall also provide Paieon with the media access control address(es) of
the personal computer(s) intended to integrate the CardiOp-B. Paieon shall thereafter provide
Volcano with the Dongle File required to execute a previously provided Dongle with the CardiOp-B
together with information on how to use same as set forth on Exhibit 6.2. Paieon shall issue to
Volcano a certificate (as described in Exhibit 6.2 hereto) evidencing Volcano’s right to grant the
End-User a license for the use of the CardiOp-B in accordance with the license grants set forth in



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Section 4.1. In addition, the Parties agree and acknowledge that under certain circumstances,
there may be a need to transfer Product software from one End-User computer system to another and
the End-User License for the Product shall be transferable in such case subject to: (A) Volcano
providing Paieon with written notice of such transfer, which such notice shall specify the MAC
address from the first End-User computer system and the MAC address for the second End-User
computer system, and (B) Volcano de-installing the Product software from the first End-User
computer system.




     6.3 Payments; Credits. For each unit of Product provided to an End-User by Volcano, Volcano
shall pay the license fees set forth on Exhibit 6.1 to Paieon. Payments to Paieon shall be made
within 45 days of the end of each month in respect of the End User Licenses granted during such
month. Each such payment shall be accompanied by a report signed by the chief financial officer or
director of finance of Volcano (a “Periodic Report”), detailing the Products sold and the total
End-User Licenses granted during the relevant month and the calculation of license fees, if any,
due thereon. In the event that no license fees are payable in respect of a given month, Volcano
shall submit a Periodic Report so indicating. All payments shall be payable in U.S. dollars,
regardless of the country(ies) in which sales are made.



     6.4 Records Retention. Volcano shall keep complete and accurate records pertaining to the sale
of Products, and licensing of the CardiOp-B, for a period of three calendar years after the year in
which such sales or licensing occurred, and in sufficient detail to permit Paieon to confirm the
accuracy of the license fees paid by Volcano hereunder.



     6.5 Audits. At the request and expense of Paieon, Volcano shall permit an independent,
certified public accountant appointed by Paieon, and reasonably acceptable to Volcano, at
reasonable times and upon reasonable notice, to examine such records as may be necessary for the
sole purpose of verifying the calculation and reporting of End-User Licenses granted and the
correctness of any payments made under this Agreement for any period within the preceding three
calendar years. Results of any such examination shall be made available to both Parties. If, as a
result of any audit of the books and records of Volcano it is shown that the payments to Paieon
under this Agreement were less than the amount which should have been paid, then Volcano shall pay
all amounts required in order to eliminate any discrepancy revealed by said audit within 30 days
after Paieon’s demand for same. Such amounts shall bear interest at a rate of 10% per year from the
date they were due until paid. In addition, if the underpayment is in excess of two and a half
percent (2.5%) of the amount that should have been paid, then Volcano shall reimburse Paieon for
the reasonable cost of such audit. Without derogating from the foregoing, if such underpayments are
recurring and are in the aggregate more than $25,000, it shall be deemed a material breach of this
Agreement by Volcano.



7. INTELLECTUAL PROPERTY.




     7.1 Ownership.



          7.1.1 Subject to the licenses granted to Volcano pursuant to Section 4.1, Paieon shall retain
all right, title and interest in and to the Paieon Technology. Without derogating from the
foregoing, Paieon shall retain all right, title and interest to the CardiOp-B, including any of its
updates and Upgrades related thereto regardless of who developed same.




          7.1.2 Subject to the license granted to Paieon pursuant to Section 4.2, Volcano shall retain
all right, title and interest in and to the Volcano Technology. Without derogating from the
foregoing, Volcano shall retain all right, title and interest to the VIVUS, including any of its
updates and Upgrades related thereto regardless of who developed same.




          7.1.3 The Parties shall jointly own all right, title and interest in and to the Interfaces
developed hereunder. In accordance with Section 2.5.3, Paieon shall not use for itself,




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nor shall Paieon offer, license, transfer, sell and/or grant to third parties the right to use
the [CONFIDENTIAL] between the CardiOp-B and the VIVUS. In accordance with Section 4.1.3, neither
Volcano nor any of its Affiliates shall make any use of, nor grant any right to Third Parties to
use, the Interfaces except for incorporating the VIVUS with the CardiOp-B.




     7.2 Inventions.



          7.2.1 Volcano shall solely own any Invention to the extent any Invention is useful to the
operation of VIVUS as a standalone product, regardless of which Party made such Inventions.




          7.2.2 Paieon shall solely own any Invention to the extent any Invention is useful to the
operation of CardiOp-B as a standalone product, regardless of which Party made such Inventions.




          7.2.3 Subject to Section 7.2.1 and Section 7.2.2, rights to any other Inventions useful to
both the Volcano Technology and the Paieon Technology shall be owned jointly by the Parties,
regardless of which Party made such other Inventions.




          7.2.4 To the extent ownership of Inventions is not assigned by any of Sections 7.2.1, 7.2.2 or
7.2.3: (A) Inventions first conceived or reduced to practice or determined to have utility solely
by employees or consultants of Volcano shall be owned solely by Volcano, (B) Inventions first
conceived or reduced to practice or determined to have utility solely by employees or consultants
of Paieon shall be owned solely by Paieon, and (C) Inventions first conceived or reduced to
practice or determined to have utility by employees and/or consultants of Volcano and by employees
and/or consultants of Paieon, shall belong jointly to the Parties.




          7.2.5 Each Party shall have the right to exploit any Inventions it owns pursuant to Section
7.2.1 or Section 7.2.2 above and any Inventions it jointly owns pursuant to Section 7.2.3 and
Section 7.2.4 above, without compensation, liability or other obligation (including without
limitation accounting obligations) to the other Party provided that neither Party shall grant an
exclusive license to such jointly owned Inventions, nor sell, transfer or assign its rights in such
jointly owned Inventions (except for a sale, transfer or assignment in connection with a merger of
such Party or sale of all or substantially all of its assets or shares) without the consent of the
other Party.




     7.3 Patent Prosecution / Maintenance.



          7.3.1 Each Party agrees promptly to provide to the other Party a complete written disclosure
of any Invention made by such Party. Paieon shall determine whether any Invention owned solely by
Paieon is patentable, and if so, shall, in its sole discretion, determine whether or not to proceed
with the preparation and prosecution of a patent application covering any such Invention. Volcano
shall determine whether any Invention owned solely by Volcano is patentable, and if so, shall, in
its sole discretion, determine whether or not to proceed with the preparation and prosecution of a
patent application covering any such Invention. Each Party shall cooperate with the other Party and
provide consultation and assistance as may be necessary in the preparation, prosecution,
maintenance and enforcements of the other Party’s patents covering the other Party’s Inventions.




          7.3.2 The Parties shall discuss, in good faith, whether any Invention owned jointly by Paieon
and Volcano is patentable, and if so, the sharing of costs and expenses of filing, prosecuting,
enforcing and maintaining patents covering such Inventions owned jointly by the Parties in the
Territory and each agrees to cooperate with the other to execute all lawful papers and instruments,
to make all rightful oaths and declarations and to provide consultation and assistance as may be
necessary in the preparation, prosecution, maintenance, and enforcement of




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all such patents. If either Party determines not to share such costs and expenses or to cease
payment of same, it shall promptly and timely so notify the other Party. The other Party may at
its option pursue such patent(s) covering a joint Invention at its own expense. The non-filing or
abandoning Party shall assign all its rights to the joint Invention and any related application to
the filing or continuing Party but shall retain for itself and its Affiliates and their respective
licensees covenant-not-to-sue immunity under any patent that issues from such joint Invention so
assigned.




     7.4 Infringement Action by Third Parties.



          7.4.1 Each Party shall promptly notify the other Party in writing upon becoming aware of any
claim by a Third Party, whether raised directly or by way of counterclaim or affirmative defense,
against Paieon and/or Volcano for alleged infringement of Third Party intellectual property rights
through the use, reproduction, creation of derivative works of, execution, or display of the
Product in the Territory.




          7.4.2 If such infringement claim relates to the Paieon Technology, then the defense and
settlement of such suit shall be controlled by Paieon, at its sole cost and expense.




          7.4.3 If such infringement claim relates to the Volcano Technology, then the defense and
settlement of such suit shall be controlled by Volcano, at its sole cost and expense.




          7.4.4 Unless otherwise covered by Sections 7.4.2 or 7.4.3, each Party shall be solely
responsible to defend any such infringement suit, at its own expense, and shall be responsible for
all damages incurred as a result thereof. Each Party hereby agrees to assist and cooperate with
the other Party, at the defending Party’s reasonable request and expense, in the defense of any
suit described in this Section 7.4.




8. CONFIDENTIALITY.




     8.1 Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement
or otherwise agreed in writing, the Parties agree that, during the Term and thereafter, the
receiving Party shall, and shall ensure that its respective Affiliates, End-Users, employees,
officers, directors and representatives shall, keep completely confidential and not publish or
otherwise disclose and not use for any purpose any information furnished to it or them by the other
Party, or developed, under this Agreement, except to the extent that it can be established by the
receiving Party by competent proof that such information: (i) was already known to the receiving
Party, other than under an obligation of confidentiality, at the time of disclosure by the other
Party; (ii) was generally available to the public or otherwise part of the public domain at the
time of its disclosure to the receiving Party; (iii) became generally available to the public or
was otherwise part of the public domain after its disclosure and other than through any act or
omission of the receiving Party in breach of this Agreement; or (iv) was disclosed to the receiving
Party, other than under an obligation of confidentiality, by a Third Party who had no obligation to
the disclosing Party not to disclose such information to others (all such information to which none
of the foregoing exceptions applies, “Confidential Information”).



     8.2 Exceptions to Obligation. The restrictions contained in Section 8.1 shall not apply to
Confidential Information that: (i) is, to the extent reasonably required, submitted by Volcano to
governmental authorities to facilitate the issuance of Regulatory Approvals for the Product,
provided that reasonable measures shall be taken to assure confidential treatment of such
information; (ii) is provided by Volcano to Third Parties under confidentiality provisions at least
as stringent as those in this Agreement, for consulting, external testing, or marketing trials and
to End-Users; or (iii) is otherwise required to be disclosed in compliance with applicable laws or
regulations or order by a court or other regulatory body having competent jurisdiction; provided
that if a Party is required to make any such disclosure of the other Party’s Confidential



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Information such Party will, except where impracticable for necessary disclosures (for
example, to physicians conducting studies or to health authorities), give reasonable advance notice
to the other Party of such disclosure requirement and, except to the extent inappropriate in the
case of patent applications, will cooperate with the other Party’s efforts to secure confidential
treatment of such Confidential Information required to be disclosed.




     8.3 Limitations on Use. Each Party shall limit the use, and cause each of its Affiliates and,
in the case of Volcano, the End-Users, to limit the use, of any Confidential Information obtained
by such Party from the other Party, or its Affiliates, pursuant to this Agreement or otherwise, so
that such use is solely in connection with the activities or transactions contemplated hereby.



     8.4 Superseded CDA. All Paieon Confidential Information previously disclosed to Volcano on
the one hand, or Volcano Confidential Information previously disclosed to Paieon, on the other
hand, pursuant to that certain Mutual Non-Disclosure Agreement dated as of May 27, 2005 by and
between Paieon and Volcano (the “CDA”) shall be governed by this Section 8 and not by such previous
agreement, and this Agreement shall supersede such CDA.



     8.5 Remedies. Each Party shall be entitled, in addition to any other right or remedy it may
have, at law or in equity, to seek an injunction, without the posting of any bond or other
security, enjoining or restraining the other Party, its Affiliates and/or the End-Users from any
violation or threatened violation of this Section 8.



9. INDEMNIFICATION; INSURANCE




     9.1 Indemnification by Paieon. Paieon shall indemnify, defend and hold harmless Volcano, its
Affiliates and their respective directors, officers, employees and agents, from and against any and
all liabilities, damages, losses, costs and expenses (including the reasonable fees of attorneys
and other professionals) arising out of or in connection with any Third Party claims, demands,
causes of action and suits of whatsoever kind or nature (collectively “Claims”) based on:



          9.1.1 negligence, recklessness or wrongful intentional acts or omissions of Paieon, its
Affiliates or their respective directors, officers, employees and agents, in connection with
Paieon’s performance of its obligations under the Development Program and this Agreement; or




          9.1.2 any alleged breach of any representation, warranty, covenant or agreement of Paieon
contained in this Agreement; or




          9.1.3 any alleged personal injury (including death) or property damage relating to or arising
out of the use, distribution or granting licenses to End-Users by Volcano to the Interfaces and
CardiOp-B, due to any negligence, recklessness or wrongful intentional acts or omissions by, or
strict liability of, Paieon or its Affiliates, or their respective directors, officers, employees
and agents in the design or development of the Interfaces and CardiOp-B; except, in each case, to
the comparative extent such claim arose out of or resulted from the negligence, recklessness or
wrongful intentional acts or omissions or strict liability of Volcano, its Affiliates or their
respective directors, officers, employees and agents, or if Volcano is otherwise responsible
therefor pursuant to Section 9.2.




          9.1.4 allegations: (A) that the use of the Paieon Technology infringes any patent, copyright,
trade mark, trade secret or other proprietary right of any Third Party, or (B) of misappropriation
of a Third Party’s trade secrets.




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     9.2 Indemnification by Volcano. Volcano shall indemnify, defend and hold harmless Paieon, its
Affiliates and their respective directors, officers, employees and agents, from and against any and
all liabilities, damages, losses, costs and expenses (including the reasonable fees of attorneys
and other professionals) arising out of or in connection with any Claims based on:




          9.2.1 negligence, recklessness or wrongful intentional acts or omissions of Volcano, its
Affiliates or their respective directors, officers, employees and agents, in connection with
Volcano’s performance of its obligations under this Agreement; or




          9.2.2 any alleged breach of any representation, warranty, covenant or agreement of Volcano
contained in this Agreement; or




          9.2.3 any alleged personal injury (including death) or property damage relating to or arising
out of the use, manufacture, distribution, licensing or sale of the Product by Volcano to any
End-User due to any negligence, recklessness or wrongful intentional acts or omissions by, or
strict liability of, Volcano, its Affiliates, or their respective directors, officers, employees
and agents; except, in each case, to the comparative extent such claim arose out of or resulted
from the negligence, recklessness or wrongful intentional acts or omissions or strict liability of
Paieon, its Affiliates, or their respective directors, officers, employees and agents, or if Paieon
is otherwise responsible therefor pursuant to Section 9.1; or




          9.2.4 allegations: (A) that the use of the Volcano Technology infringes any patent, copyright,
trade mark, trade secret or other proprietary right of any Third Party, or (B) of misappropriation
of a Third Party’s trade secrets.




     9.3 Procedures for Indemnification. In the event that any Person (an “Indemnified Party”)
entitled to indemnification under Section 9.1 or Section 9.2 is seeking such indemnification with
respect to a Claim, such Indemnified Party shall promptly notify the indemnifying Party (the
“Indemnitor”) in writing of such Claim in reasonable detail; provided, however, that failure to
give such notification shall not affect the indemnification to be provided hereunder except to the
extent the Indemnitor shall have been actually prejudiced as a result of such failure (except that
the Indemnitor shall not be liable for any expenses incurred during the period in which the
Indemnified Party failed to give such notice). The Indemnitor shall manage and control, at its
sole expense, the defense of the Claim and its settlement, subject to the provisions of this
Section 9.3. The Indemnified Party shall provide the Indemnitor, at the Indemnitor’s cost, with
reasonable assistance and relevant information to support the defense of any such claim. The
Indemnitor shall not accept any settlement which imposes liability not covered by this
indemnification or imposes any obligation on, or otherwise adversely affects, or does not include
an unconditional release from liability of the Indemnified Party or other Party without the prior
written consent of the Indemnified Party or other Party, as applicable. Nothing contained in this
Section 9.3 shall oblige the Indemnified Party to take any action or steps in its own name in
defending any claim, action or proceedings; however, the Indemnified Party, at its option and
expense, may review and comment on the defense of any claim through its own counsel; provided
however that if: (i) the Indemnitor and the Indemnified Party shall have mutually agreed to the
retention of such counsel; (ii) the Indemnified Party shall have reasonably concluded that there
may be one or more legal defenses available to it which are different from or additional to those
available to the Indemnitor; or (iii) the named parties to any such proceeding (including the
impleaded parties) include both the Indemnitor and the Indemnified Party, and representation of
both parties by the same counsel would be inappropriate in the opinion of the Indemnitor’s counsel
due to actual or potential differing interests between them; then, in any such case, one firm of
attorneys separate from the Indemnitor’s counsel may be retained by the Indemnified Party to
represent the Indemnified Parties at the Indemnitor’s expense. The Indemnified Party shall
cooperate in all reasonable respects with the Indemnitor in connection with any Claim and the
defense or compromise thereof. Such cooperation shall include the retention and (upon the
Indemnifying Party’s request) the provision to the Indemnitor



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of records and information reasonably relevant to the Claim, making employees available on a
mutually convenient basis to provide additional information, and explanation of any material
provided under this Agreement.




     9.4 Infringement Indemnification. If a Claim as described in Section 9.1.4 is brought, or
Paieon in good faith determines such a claim is likely, Paieon shall, in addition to its
obligations under Section 9.1, notify Volcano and may either: (i) procure for Volcano the right to
continue exercising its rights under the licenses granted by this Agreement; (ii) modify the
Interfaces or CardiOp-B so that there will no longer be an infringement; or (iii) in the event
subclauses (i) and (ii) are not commercially reasonable, terminate all use of the CardiOp-B and/or
the Interfaces by Volcano and its End-Users (including the licenses granted by this Agreement) and
refund to Volcano the license fees paid to Paieon hereunder at the price paid therefore as reduced
using a five-year straight-line amortization schedule from the date of the End-User’s acquisition
of the Product.



     9.5 Insurance. Each Party shall maintain, at its sole cost and expense, adequate insurance
against liability and other risks associated with its activities contemplated by this Agreement, in
such amounts and on such terms as are customary in the industry for the activities to be conducted
by it under this Agreement. Alternatively, each Party shall have the right to satisfy the
obligation under this Section 9.5 through a reasonable program of self-insurance. Each Party shall
furnish to the other Party evidence of such insurance, upon request, such right to be exercised in
a reasonable manner.



     9.6 Limitation of Liability.



          9.6.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR DAMAGES THAT EXCEED THE SUM OF $50,000 PER
INCIDENT AND AN AGGREGATE OF $400,000 IN TOTAL; EXCEPT THAT, THE FOREGOING LIMITATION OF LIABILITY
SHALL NOT APPLY TO DAMAGES RESULTING FROM A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS
HEREUNDER.




          9.6.2 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR FOR ANY INDIRECT DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGES RESULTING
FROM EQUIPMENT DOWNTIME OR LOSS OF DATA, LOST PROFITS OR REVENUE OR EXEMPLARY OR PUNITIVE DAMAGES
ARISING OUT OF ANY CLAIM, WHETHER OR NOT FORESEEABLE AND EVEN IF IT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE; EXCEPT THAT, THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO
DAMAGES RESULTING FROM A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER.




          9.6.3 NOTHING IN THIS SECTION 9.6 IS INTENDED TO LIMIT OR RESTRICT EITHER PARTY’S OBLIGATIONS
UNDER THIS AGREEMENT TO THE EXTENT OF ANY LIABILITIES, DAMAGES, OR LOSSES AWARDED TO THIRD PARTIES.




10. TERM AND TERMINATION.




     10.1 Term. This Agreement shall become effective as of the date of this Agreement first
written above and shall continue in effect for six years unless earlier terminated pursuant to the
other provisions of this Section 10 (the “Term”). Following the fifth anniversary of the date of
this Agreement, each of the Parties shall have the right to initiate discussions, which shall be
held in good faith, regarding a possible extension of the Term on commercially reasonable terms. In
the event no such extension is agreed upon prior thereto, this Agreement shall terminate on the



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sixth anniversary of the date of this Agreement, unless earlier terminated pursuant to the
other provisions hereof this Section 10.




     10.2 Termination for Cause. Either Party (the “Non-breaching Party”) may, without prejudice
to any other remedies available to it at law or in equity, terminate this Agreement in the event
the other Party (the “Breaching Party”) shall have materially breached or defaulted in the
performance of any of its material obligations hereunder, and such default shall have continued for
60 days after written notice thereof was provided to the Breaching Party by the Non-breaching Party
(or, if such default (other than default in payment) cannot be cured within such 60-day period, if
the Breaching Party does not commence and diligently continue good faith efforts to cure such
default during such 60-day period and thereafter). Any such termination shall become effective
automatically at the end of such 60-day period unless the Breaching Party has cured any such breach
or default prior to the expiration of such 60-day period (or, if such default (other than default
in payment) cannot be cured within such 60-day period, if the Breaching Party has not commenced or
diligently continued good faith efforts to cure such default). The right of either Party to
terminate this Agreement as provided in this Section 10.2 shall not be affected in any way by such
Party’s waiver or failure to take action with respect to any previous default.



     10.3 Termination by Volcano. Volcano may, upon written notice to Paieon, terminate:



          10.3.1 this Agreement with respect to the VIVUS, in the event that Paieon fails to meet the
target delivery dates set forth in the table in Section 3.4.2, without further liability of either
Party and all subject to the terms of Section 3.6.3 above; or




          10.3.2 this Agreement with respect to the S5 Project, in the event that Paieon fails to meet
the target delivery dates set forth in the table in Section 3.9.2, or the Deliverables with respect
to the S5 Project fail to meet the Acceptance Criteria established for same in accordance with
Section 3.5, or the development activities fail to meet the requirements set forth on Exhibit 3.9,
as updated by the Parties in writing, without further liability of either Party and all subject to
the terms of Section 3.6.3 above.




     10.4 Termination by Mutual Agreement. Volcano and Paieon may agree mutually in writing to
terminate this Agreement at any time.



     10.5 Termination for Insolvency.



          10.5.1 Either Party may terminate this Agreement, in whole or in part, as the terminating
Party may determine, by written notice to the other Party in the event that such other Party shall:
(A) have become insolvent or bankrupt, (B) have made an assignment for the benefit of its
creditors, (C) have been appointed a trustee or receiver of such Party for all or a substantial
part of its property, and not dismissed within 90 days, or (D) have any case or proceeding
commenced or other action taken by or against such Party (as to which, if involuntarily commenced
against such Party, such Party not being able to obtain dismissal within 90 days after commencement
thereof) in bankruptcy or seeking reorganization, liquidation, dissolution, winding-up,
arrangement, composition or readjustment of its debts or any other relief under any bankruptcy,
insolvency, reorganization or other similar act or applicable law now or hereafter in effect.




          10.5.2 All rights and licenses granted under or pursuant to any section of this Agreement are
and shall otherwise be deemed to be for purposes of Section 365(n) of Title 11, United States Code
(the “Bankruptcy Code”) licenses of rights to “intellectual property” as defined in Section 101(56)
of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective
rights and elections under the Bankruptcy Code. Upon the bankruptcy of any Party, the non-bankrupt
Party shall further be entitled to a complete duplicate




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of, or complete access to, any such intellectual property, and such, if not already in its
possession, shall be promptly delivered to the non-bankrupt Party, unless the bankrupt Party elects
to continue, and continues, to perform all of its obligations under this Agreement.




     10.6 Effect of Termination; Expiration. Expiration or termination of this Agreement for any
reason shall not affect the validity of any End-User License validly granted prior to such
termination or expiration.



     10.7 Accrued Rights; Surviving Obligations.



          10.7.1 Termination or relinquishment of this Agreement for any reason shall be without
prejudice to any rights that shall have accrued to the benefit of either Party prior to such
termination or relinquishment. Such termination or relinquishment shall not relieve either Party
from any obligations which are expressly indicated to survive termination of this Agreement.




          10.7.2 All of the Parties’ rights and obligations under, and/or the provisions contained in,
Sections 2.5.3, 4.1.3, 5.1, 5.4, 6.1 through 6.6 inclusive, 7, 8, 9, 10.5, 10.6, 10.7, 12, 13, 15
and 16 shall survive termination or relinquishment of this Agreement.




11. FORCE MAJEURE.




     Any delay in the performance of any of the duties or obligations of either Party hereto shall
not be considered a breach of this Agreement, and the time required for performance shall be
extended for a period equal to the period of such delay, if such delay has been caused by, or is
the result of, acts of God; acts of public enemy; insurrections; riots; civil uprising; war;
injunctions; embargoes; labor disputes, including strikes, lockouts, job actions, or boycotts;
fires; explosions; earthquakes; floods; shortages of energy; governmental prohibition or
restriction; or other unforeseeable causes beyond the reasonable control and without the fault or
negligence of the Party so affected. The Party so affected shall immediately notify the other
Party of such inability and of the period for which such inability is expected to continue. The
Party giving such notice shall be excused from the performance, or the punctual performance, of
such obligations, as the case may be, from the date of such notice, up to a maximum of 90 days,
after which time (or such earlier time if it is readily apparent to the Party not affected by the
event of force majeure that such event will exceed 90 days in duration) the Party not affected, may
terminate this Agreement. To the extent possible, each Party shall use reasonable efforts to
minimize the duration of any force majeure.



12. DISPUTE RESOLUTION. 




     12.1 Referral to Executive Officers. The Parties recognize that disputes as to certain
matters may from time to time arise during the Term which relate to a Party’s rights and/or
obligations hereunder. If the Parties cannot resolve any such dispute within 30 days after written
notice of a dispute from one Party to the other, either Party may, by notice to another, have such
dispute referred to the Chief Executive Officer of Volcano or such other person holding a similar
position designated by Volcano from time to time, and the Chief Executive Officer of Paieon, or
such other person holding a similar position designated by Paieon from time to time (collectively,
the “Executive Officers”). The Executive Officers shall meet promptly to negotiate in good faith
the matter referred and to determine a resolution. During such period of negotiations, any
applicable time periods under this Agreement shall be tolled. If the Executive Officers are unable
to determine a resolution in a timely manner, which shall in no case be more than 30 days after the
matter was referred to them, the matter shall be resolved through arbitration in accordance with
the provisions set forth in Section 12.2, upon notice by either Party to the other specifically
requesting such arbitration.



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     12.2 Arbitration. Any dispute arising out of or relating to any provisions of this Agreement
shall be finally settled by arbitration to be held in the City of New York, New York, U.S.A. under
the auspices and then current Commercial Arbitration Rules of the American Arbitration Association
(the “AAA”). The arbitration shall be conducted by one arbitrator who is knowledgeable in the
subject matter which is at issue in the dispute and who is selected by mutual agreement of the
Parties or, failing such agreement, shall be selected according to the AAA rules. The Parties
shall have such discovery rights as the arbitrator may allow, but in no event broader than that
discovery permitted under the Federal Rules of Civil Procedure. In conducting the arbitration, the
arbitrator(s) shall apply the New York Rules of Evidence and shall be able to decree any and all
relief of an equitable nature, including but not limited to such relief as a temporary restraining
order, a preliminary injunction, a permanent injunction, or replevin of property, as well as
specific performance. The arbitrator(s) shall also be able to award direct damages but shall not
award any other form of damages (e.g., consequential, punitive or exemplary damages). The
reasonable fees and expenses of the arbitrator(s), along with the reasonable legal fees and
expenses of the Parties (including all expert witness fees and expenses), the fees and expenses of
a court reporter, and any expenses for a hearing room, shall be paid as follows: (i) if the
arbitrator(s) rule in favor of one Party on all disputed issues in the arbitration, the losing
Party shall pay 100 percent (100%) of such fees and expenses; if the arbitrator(s) rule in favor of
one Party on some issues and the other Party on other issues, the arbitrator(s) shall issue with
the rulings a written determination as to how such fees and expenses shall be allocated between the
Parties. The decision of the arbitrator(s) shall be final and may be entered, sued on or enforced
by the Party in whose favor it runs in any court of competent jurisdiction at the option of such
Party. Whether a claim, dispute or other matter in question would be barred by the applicable
statute of limitations, which statute of limitations also shall apply to any claim or disputes
subject to arbitration under this Section 12.2, shall be determined by binding arbitration pursuant
to this Section 12.2.



     12.3 Reserved Rights. Nothing in this Section 12 shall prevent any Party from seeking
injunctive relief in any appropriate court in connection with or relating to such Party’s Know-How
or Patent Rights.



13. NOTICE.




     Any notice or request required or permitted to be given under or in connection with this
Agreement shall be deemed to have been sufficiently given if in writing and personally delivered or
sent by certified mail (return receipt requested), facsimile transmission (receipt verified), or
overnight express courier service (signature required), prepaid, to the Party for which such notice
is intended, at the address set forth for such Party below:



	 	 	 	 	 	 	 
	 

	 	(i)
	 	If to Volcano, to:
	 	Volcano Corporation
	 

	 	 	 	 	 	2870 Kilgore Road
	 

	 	 	 	 	 	Rancho Cordova, CA 95670
	 

	 	 	 	 	 	Attention: Mr. John Dahldorf, CFO
	 

	 	 	 	 	 	Facsimile: 916-638-8812
	 

	 	 	 	 	 	Telephone: 800-228-4728
	 
	 	 	 	 	 	 
	 

	 	 	 	With a copy to:
	 	Reed Smith LLP
	 

	 	 	 	 	 	1901 Avenue of the Stars; Suite 700
	 

	 	 	 	 	 	Los Angeles, CA 90067-6078
	 

	 	 	 	 	 	Attention: Michael Sanders, Esq.
	 

	 	 	 	 	 	Facsimile No.: 310-734-5299
	 

	 	 	 	 	 	Telephone No.: 310-734-5200






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	 	(ii)
	 	If to Paieon, to:
	 	Paieon, Inc.
	 

	 	 	 	 	 	747 Third Avenue
	 

	 	 	 	 	 	New York, NY 10017-2803
	 

	 	 	 	 	 	Attention: Omer Barlev
	 

	 	 	 	 	 	Facsimile: 866-302-9670
	 

	 	 	 	 	 	Telephone: 800-930-4026
	 
	 	 	 	 	 	 
	 

	 	 	 	With a copy to:
	 	Paieon Medical Ltd.
	 

	 	 	 	 	 	23 Ha’Melacha St.
	 

	 	 	 	 	 	Rosh Ha’Ayen
	 

	 	 	 	 	 	Israel
	 

	 	 	 	 	 	Attention: Moshe Klaiman
	 

	 	 	 	 	 	Facsimile: 972-3-901-2324
	 

	 	 	 	 	 	Telephone: 972-3-915-0000





or to such other address for such Party as it shall have specified by like notice to the other
Party, provided that notices of a change of address shall be effective only upon receipt thereof.
If delivered personally, the date of delivery shall be deemed to be the date on which such notice
or request was given. If sent by facsimile or by overnight express courier service, the date of
delivery shall be deemed to be the next business day after such notice or request was transmitted
(if by fax) or was deposited with such service (if by courier). If sent by certified mail, the
date of delivery shall be deemed to be the third business day after such notice or request was
deposited with the U.S. Postal Service.




14. BOOKS AND RECORDS.




     Any books and records to be maintained under this Agreement by a Party or its Affiliates shall
be maintained in accordance with U.S. generally accepted accounting principles, consistently
applied, except that the same need not be audited.



15. GOVERNING LAW.




     The construction, validity, performance, and enforcement of this Agreement shall be governed
by the laws of State of New York, U.S.A. without giving effect to the principles of conflicts of
law thereof.



16. MISCELLANEOUS.




     16.1 Future Development Projects. Paieon and Volcano acknowledge and agree that it is the
intent of both Parties to enter into additional agreement(s) with respect to developing further
software functionalities (fusion and guidance, for example) and allow operation with other systems,
as set forth on Exhibit 16.1. Any such additional development work shall be performed pursuant to
a separate agreement, to be negotiated in good faith by the Parties, at agreed rates and subject to
budgets to be established by the Parties at that time.



     16.2 Relationship of Parties. Nothing herein shall be construed to create any relationship of
employer and employee, agent and principal, partnership or joint venture between the Parties. Each
Party is an independent contractor. Neither Party shall assume, either directly or indirectly, any
liability of or for the other Party. Neither Party shall have the authority to bind or obligate
the other Party and neither Party shall represent that it has such authority.



     16.3 Further Actions. Each Party shall execute, acknowledge and deliver such further
instruments, and do all such other acts, as may be necessary or appropriate in order to carry out
the purposes and intent of this Agreement.



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     16.4 Waiver of Jury Trial. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR
INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY HERETO (i)
CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY
OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THAT
FOREGOING WAIVER, AND (ii) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO
ENTER INTO THIS AGREEMENT AND ANY RELATED INSTRUMENTS, AS APPLICABLE, BY, AMONG OTHER THINGS, THE
MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 16.4.



     16.5 Public Announcements. Neither Party shall issue any press release or other publicity
materials, or make any presentation with respect to the existence of this Agreement or the terms
and conditions hereof without the prior written consent of the other Party, which consent shall not
be unreasonably withheld. This restriction shall not apply to disclosures in connection with due
diligence requests by potential investors, lenders, joint ventures or partners, or to disclosures
required by law or regulation, including as may be required in connection with any filings made
with the Securities and Exchange Commission, other similar securities authority in other
jurisdictions, or any stock exchange on which the securities of a Party or an Affiliate are
presently or at any time in the future listed and/or traded or in respect of which an application
for listing or trading has been filed, or by applicable law, rule or regulation or any listing or
trading agreement concerning a Party’s or its Affiliates’ securities.



     16.6 Construction of Agreement. The terms and provisions of this Agreement represent the
results of negotiations between the Parties and their representatives, each of which has been
represented by counsel of its own choosing, and neither of which has acted under duress or
compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this
Agreement shall be interpreted and construed in accordance with their usual and customary meanings,
and each of the Parties hereto hereby waives the application in connection with the interpretation
and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting
terms or provisions contained in this Agreement shall be interpreted or construed against the Party
whose attorney prepared the executed draft or any earlier draft of this Agreement.



     16.7 Compliance with Laws. Each Party acknowledges that the laws and regulations of the
United States restrict the export and re-export of certain commodities and technical data of United
States origin. Each Party agrees that it will not export or re-export any restricted commodities
or any restricted technical data of the other Party in any form without any necessary United States
and foreign government licenses.



     16.8 Waiver. Neither Party may waive or release any of its rights or interests in this
Agreement except in writing. The failure of either Party to assert a right hereunder or to insist
upon compliance with any term or condition of this Agreement shall not constitute a waiver of that
right or excuse a similar subsequent failure to perform any such term or condition. No waiver by
either Party of any condition or term in any one or more instances shall be construed as a
continuing waiver of such condition or term or of another condition or term.



     16.9 Severability. If any provision hereof should be held invalid, illegal or unenforceable in
any jurisdiction, the Parties shall negotiate in good faith a valid, legal and enforceable
substitute provision that most nearly reflects the original intent of the Parties and all other
provisions hereof shall remain in full force and effect in such jurisdiction and shall be liberally
construed in order to carry out the intentions of the Parties hereto as nearly as may be



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possible. Such invalidity, illegality or unenforceability shall not affect the validity,
legality or enforceability of such provision in any other jurisdiction.




     16.10 Assignment. This Agreement shall not be assignable by either Party without the written
consent of the other Party. Notwithstanding the foregoing either Party may assign this Agreement,
without the written consent of the other Party, to an Affiliate or to any acquirer of all or
substantially all of its assets or shares, successor or surviving corporation in a merger or other
reorganization. No assignment or transfer shall be valid and effective unless and until the
assignee/transferee shall agree in writing to be bound by the provisions of this Agreement.



     16.11 Use of Name. Except as otherwise provided herein, no Party shall have any right,
express or implied, to use in any manner the name or other designation of the other Parties or any
other trade name, trademark (including, for the avoidance of doubt, the Trademarks) or logos of the
other Parties for any purpose in connection with the performance of this Agreement.



     16.12 Entire Agreement. This Agreement, including the schedules and exhibits hereto, set forth
all the covenants, promises, agreements, warranties, representations, conditions and understandings
between the Parties hereto and supersede and terminate all prior agreements and understanding
between the Parties. There are no covenants, promises, agreements, warranties, representations,
conditions or understandings, either oral or written, between the Parties other than as set forth
herein and therein. No subsequent alteration, amendment, change or addition to this Agreement
shall be binding upon the Parties hereto unless reduced to writing and signed by the respective
authorized officers of the Parties.



     16.13 Parties in Interest. All of the terms and provisions of this Agreement shall be binding
upon, inure to the benefit of and be enforceable by the Parties hereto and their respective
permitted successors and assigns.



     16.14 Descriptive Headings. Headings used herein are for convenience only and shall not in any
way affect the construction of or be taken into consideration in interpreting this Agreement.



     16.15 Counterparts. This Agreement may be signed in counterparts, each and every one of which
shall be deemed an original, notwithstanding variations in format or file designation which may
result from the electronic transmission, storage and printing of copies of this Agreement from
separate computers or printers. Facsimile signatures shall be treated as original signatures.



*-*-*-*




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In Witness Whereof, the Parties hereto have caused this Agreement to be executed by their
duly authorized representative as of the Effective Date.




	 	 	 	 	 	 	 	 	 	 	 
	Volcano Corporation	 	 	 	Paieon, Inc.	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Scott Huennekens
	 	 	 	By:
	 	/s/ Omer Barlev	 	 
	 

	 	 
	 	 	 	 	 	 	 	 
	 

	 	Scott Huennekens, President and
Chief Executive Officer
	 	 	 	 	 	Omer Barlev, Chief Executive Officer	 	 






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Exhibit
10.32







ANNEX A




Development Plan for VIVUS




	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	Task	 	 	Schedule	 	 	Product/Deliverables	 
	 	 	1	 	 	 	Functional Specifications
	 	 	No later than 31-Jan-06

	 	 	Signed functional Specification Document	 
	 	 	2	 	 	 	Interface Requirements
	 	 	No later than 31-Jan-06

	 	 	Signed Interface Requirements Specifications	 
	 	 	3	 	 	 	First Delivery of
the Interfaces and
CardiOp-B (Interim
Release)
	 	 	No later than 3-March-06

	 	 	* Version Description Document

* Version of the Interfaces and CardiOp-B	 
	 	 	4	 	 	 	Delivery of the
fully functional
Interfaces and
CardiOp-B
	 	 	No later than 15-April-06

	 	 	* Acceptance Test Documents

* Version Description Document

* Version of the Interfaces and CardiOp-B	 
	 






Functional Specifications are attached




 









 








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ANNEX B




Form of Volcano End-User License Agreement




END USER LICENSE AGREEMENT FOR VOLCANO CORPORATION SOFTWARE



IMPORTANT: READ CAREFULLY – The software files and components defined below as the “Software” and
the electronic and hardcopy documentation defined below as “Documentation” are subject to the terms
and conditions set forth below (the “Agreement”). BY INSTALLING, COPYING OR OTHERWISE USING THE
SOFTWARE OR THE DOCUMENTATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE SOFTWARE OR THE
DOCUMENTATION.



Volcano Corporation (“Licensor”) is granting to you, as the licensee under this Agreement
(“Licensee”) the following rights, subject to the terms and conditions set forth in this Agreement.



1. Definitions. For purposes of this Agreement:




     (a) “Documentation” means Licensor’s (and its licensor’s) published user, technical and
training documentation for the Software and the Product.



     (b) “Product” means the product manufactured and/or distributed by Licensor identified in the
Purchase Document, for which Licensor has approved the use of the Software.



     (c) “Product Location” means the facility and address at which the Product is located and at
which Licensee provides services using the Product with the Software, as identified in the Purchase
Document. Subject to any and all applicable regulatory requirements, Licensee may move the Product
and designate a new Product Location by giving written notice to Licensor in the manner set forth
herein.



     (d) “Purchase Document” means Licensor’s purchase acknowledgment document or other document in
which Licensor and Licensee acknowledge Licensee’s purchase of the Product and license of the
Software.



     (e) “Software” means the object code version of the Licensor’s (including its licensor’s)
software identified in the Purchase Document.



     (f) “Term” shall have the meaning given in Section 9(a).


2. License.




     (a) License Grant. Subject to the terms and conditions of this Agreement, Licensor hereby
grants to Licensee a nonexclusive license and the right during the Term to use the Software as
provided to Licensee as part of the Product (and as modified by Licensor or its authorized designee
from time to time) for Licensee’s internal business purposes only in connection with the Licensee’s
use and operation of the Product at the Product Location and only for purposes that have received
FDA or other applicable regulatory approval. As part of this license, Licensee may authorize its
employees and agents who have received appropriate training on the use of the Product and the
Software to use the Software with the Product at the Product Location. In connection with
Licensee’s use of the Software and solely for the purpose of supporting Licensee’s use of the
Software for its intended purpose under the license in this Section 2(a), Licensee may use, and may
make a reasonable number of copies of, the Documentation for internal educational, reference and
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     (b) License Restrictions. Licensee may not remove the Software from the Product or copy the
Software in any manner. Licensee may not use any product other than the Product to execute the
Software code or use the Software in any other manner. Licensee may not use the Software for any
purpose other than a purpose that has received FDA or other applicable regulatory approval.
Licensee may not make the Software available for use over a network. Licensee may not modify,
customize, rent, lease, or sublicense the Software, or use the Software for service bureau
purposes. Licensee may not reverse engineer, decompile or disassemble the Software or otherwise
attempt to reconstruct or discover any element of the Software that is not obvious from its
ordinary use as part of the Product. Licensee may not distribute the Documentation to third
parties or use the Documentation for any purpose other than the internal-use purposes specified in
Section 2(a).


3. License Fees. Licensee shall pay when due any and all license fees specified in the Purchase
Document.



4. Limited Warranty and Disclaimer. Licensor warrants that the media on which the Software is
provided will be free from defects in materials and workmanship for a period of ninety (90) days
after the date of its delivery to Licensee. LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE SELECTION
OF THE SOFTWARE TO ACHIEVE ITS INTENDED PURPOSES AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF
THE SOFTWARE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET
LICENSEE’S REQUIREMENTS, THAT THE SOFTWARE IS FIT FOR ANY PARTICULAR USE OR PURPOSE, OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, OR ERROR OR BUG-FREE. EXCEPT FOR THE LIMITED
WARRANTIES IN THIS SECTION 4, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. Some states or jurisdictions do not allow the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above limitations may not apply to
Licensee. To the extent permissible, any implied warranties are limited to ninety (90) days. This
warranty provides Licensee with specific legal rights. Licensee may have other rights which vary
from state to state or jurisdiction to jurisdiction.



5. Limitation of Liability. LICENSEE UNDERSTANDS AND ACKNOWLEDGES THAT THE SOFTWARE IS A
DIAGNOSTIC TOOL THAT PROVIDES ENHANCED TREATMENT OF ULTRASOUND IMAGES AND THAT THE USE OF THE
SOFTWARE AND THE PRODUCT IS SUBJECT TO GOVERNMENTAL REGULATION. USE OF THE SOFTWARE AND THE
PRODUCT DOES NOT CONSTITUTE A RECOMMENDATION REGARDING ANY PARTICULAR COURSE OF TREATMENT.
LICENSEE REPRESENTS AND WARRANTS THAT IT IS FAMILIAR WITH THE APPLICABLE REGULATORY APPROVALS AND
LIMITATIONS OF THE SOFTWARE AND THE PRODUCT. IN NO EVENT SHALL LICENSOR (OR ITS LICENSORS) BE
LIABLE UNDER ANY THEORY FOR TREATMENT DECISIONS MADE USING THE PRODUCT OR THE SOFTWARE OR ANY USE
OF THE SOFTWARE OR THE PRODUCT THAT IS OUTSIDE OF THE SCOPE OF THEIR APPROVED REGULATORY USE.
FURTHER, IN NO EVENT SHALL LICENSOR (OR ITS LICENSORS) BE LIABLE FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF: BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION OR DATA STORAGE,
GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR (OR ITS LICENSORS) HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or
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some circumstances, so the above limitation or exclusion may not apply to Licensee. In no event
shall damages exceed the amount paid by Licensee for the Software.



6. Ownership. Licensee acknowledges that Licensor or its licensors own the Software (including all
intellectual property rights contained therein) and that Licensee is not obtaining any ownership
rights in the Software hereby. Licensee further acknowledges that (a) the Software is protected by
copyright laws, (b) some elements are protected by laws governing trademarks, trade dress and trade
secrets, and (c) the Software may also be protected by patent laws. Licensee agrees that it will,
in addition to complying with the terms of this License, comply with all restrictions on the use of
the Software imposed by the laws described above.



7. Keys and Access. Licensee acknowledges that the Software may contain disabling codes that
prevent use of the Software during any period in which Licensee has not paid the License Fee.
Subject to Licensee’s obligation to pay the applicable License Fee when due, Licensor will provide
to Licensee those Software keys which are reasonably necessary to permit Licensee to gain access to
the Software. Licensee shall not disclose the Software keys to any third party.



8. Support and Maintenance. This Agreement does not provide for support or maintenance services
for the Software and does not obligate Licensor to update or upgrade the Software or to provide
Licensee with any updates or upgrades to the Software that Licensor may create from time to time.
Any such services shall be at Licensor’s sole discretion unless Licensor and Licensee enter into a
separate agreement for the support and maintenance of the Software.



9. Term and Termination.




     (a) Term. This Agreement shall commence upon the date of the Purchase Document and will
remain in effect [until terminated as set forth herein – OR – for a period of 12 months, expiring
on the 1 year anniversary of the date of the Purchase Document, unless earlier terminated as set
forth in this Section 9].



     (b) Termination. Licensor may terminate this Agreement upon written notice to Licensee if
Licensee breaches any of its provisions. Licensee may terminate this Agreement by providing
Licensor with written notice and discontinuing its use of the Software. Licensee’s termination of
this Agreement shall not relieve Licensee of its obligation to pay the License Fee. This Agreement
shall terminate automatically and without action or notice by either party if Licensee discontinues
its use of the Product.



     (c) Consequences of Termination. Upon termination of this Agreement, Licensee shall
immediately discontinue using the Software and Documentation, remove the Software and any
electronic copies of the Documentation from all Licensee’s systems, and, at Licensor’s election,
either destroy or return to Licensor all copies of the Software and the Documentation.


10. Dispute Resolution.




     (a) Informal Resolution. The parties recognize that disputes as to certain matters may from
time to time arise during the Term which relate to either party’s rights and/or obligations
hereunder. At the written request of a party, each party shall appoint a knowledgeable,
responsible representative to meet and negotiate in good faith to resolve any dispute arising under
this Agreement. The parties intend that these negotiations be conducted by nonlawyer, business
representatives. The discussions shall be left to the discretion of the representatives. Upon
agreement, the representatives may utilize other alternative dispute resolution procedures such as
mediation to assist in the negotiations. Discussions and correspondence among the representatives
for purposes of these negotiations shall be treated as



 









 




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confidential information developed for purposes of settlement, shall be exempt from discovery
and production, and shall not be admissible in any arbitration described below or in any lawsuit
without the concurrence of all parties. Documents identified in, or provided with such,
communications which are not prepared for purposes of the negotiations, are not so exempted and
may, if otherwise admissible, be admitted in evidence in the arbitration or lawsuit.




     (b) Arbitration. Except in the case of a suit, action or proceeding to compel either party to
comply with the dispute resolution procedures set forth in this Section 10, if the representatives
are unable to determine a resolution in a timely manner, which shall in no case be more than sixty
(60) days of the initial written request, the dispute shall be submitted to binding arbitration
under the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (the
“AAA”) conducted at the AAA’s offices in San Francisco, California, presided over by a single
arbitrator selected by the parties, or if the parties are unable to agree, selected pursuant to the
Rules. Discovery shall be controlled by the arbitrator and shall be permitted to the extent set
out in this Section. Each party may submit in writing to a party, and that party shall so respond,
to a maximum of any combination of thirty-five (35) (none of which may have subparts) of the
following: interrogatories, demands to produce documents and requests for admission. Each party
is also entitled to take the oral deposition of up to two (2) individuals of another party.
Additional discovery may be permitted upon mutual agreement of the parties. The arbitration
hearing shall be commenced within sixty (60) days of the demand for arbitration and the arbitrator
shall control the scheduling so as to process the matter expeditiously. Any award rendered by the
arbitrator shall be final and binding upon the parties. Judgment upon any award rendered may be
entered in any court having jurisdiction, or application may be made to such court for a judicial
acceptance of the award and an order of enforcement, as the case may be.



     (c) Equitable Remedies. Notwithstanding the provision of this Section 10 and any other
provisions contained in this Agreement, Licensor may, in its sole discretion bring claims at law or
in equity in law to the courts of any jurisdiction in matters of confidentiality and industrial
property rights (including patents, copyright, trademarks, trade names, industrial secrets).



     (d) Costs. Each party shall bear its own cost of these procedures. A party seeking discovery
shall reimburse the responding party the cost of production of documents (to include search time
and reproduction time costs). The parties shall equally share the fees of the arbitration and the
arbitrator. The arbitrator may award attorneys’ fees to the prevailing party as set forth in
Section 12(g).



11. Indemnities.




     (a) Licensor Indemnity.



          (i) Infringement. Licensor shall defend or settle, at its own expense, any action against
Licensee based upon a claim that the Software infringes any United States patent, copyright, or
trademark, and will pay such damages or costs as are finally awarded against Licensee attributable
to such claim, provided that Licensee (1) notifies Licensor promptly in writing of any such action,
(2) gives Licensor sole control of the defense and/or settlement of such action, and (3) gives
Licensor all reasonable information and assistance (at Licensor’s expense excluding time spent by
Licensee’s employees).




          (ii) Infringement Remedy. Should the Software become, or in the opinion of Licensor be likely
to become, the subject of such an infringement claim, Licensor may, in its sole discretion, (1)
procure for Licensee the right to use the Software free of any liability, (2) replace or modify, in
whole or in part, the Software to make it non-infringing while still conforming to the published
specifications, or, if (1) and (2) are commercially impracticable, (3) remove Software, or part
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refund any fees paid therefor, as reduced using a five-year straight-line amortization
schedule from the date of the Purchase Document.




          (iii) Limitations. Licensor assumes no liability hereunder for (1) any method or process in
which the Software may be used or the manner in which Licensee uses, promotes, advertises, or sells
the Software, (2) any compliance with Licensee’s specifications requiring deviation from the
standard specifications for the Software, (3) use of other than a current unaltered release of the
Software, or (4) the combination, operation or use of the Software with non-Licensor programs or
data other than as expressly required or specified in Licensor’s published specifications, if such
infringement would have been avoided by the combination, operation or use of the Software with
other programs or data. THIS SECTION SETS FORTH LICENSOR’S AND ITS LICENSORS’ ENTIRE LIABILITY AND
OBLIGATION AND CUSTOMER’S SOLE REMEDY FOR ANY CLAIM OF INFRINGEMENT OF PATENT, COPYRIGHT,
TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS.




     (b) Licensee’s Indemnity. Licensee will defend, indemnify and hold Licensor and its licensors
harmless from and against any and all claims and damages and expenses (including attorneys’ fees)
arising from or relating to Licensee’s use of the Software except for those claims, damages or
expenses, if any, for which Licensor would have an indemnification obligation under Section 11a,
provided that Licensor (1) notifies Licensee promptly in writing of any such action, (2) gives
Licensee sole control of the defense and/or settlement of such action and (3) gives Licensee all
reasonable information and assistance (at Licensee’s expense excluding time spent by Licensor’s
employees).



12. Miscellaneous.




     (a) Entire Agreement. This is the entire agreement between Licensor and Licensee regarding
the licensing and use of Software and the Documentation and it may be amended only by a writing
executed by Licensee and Licensor.



     (b) Assignment. Licensee may not assign this Agreement or its rights in the Software or the
Documentation in whole or in part to any third party without Licensor’s prior written consent and
any attempt to do so is void.



     (c) Severability. If any provision of this Agreement is found to be unenforceable or invalid,
the balance of this Agreement shall remain enforceable according to its terms.



     (d) No Implied Waivers. The failure of either party at any time to require performance by the
other party of any provision hereof shall not affect in any way the right to require such
performance at any time thereafter. Nor shall the waiver by either party of a breach of any
provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or
any other provision.



     (e) Governing Law. This Agreement shall be governed by the laws of the State of California
and the United States as applied to agreements entered into and fully performed in California by
residents thereof. The United Nations Convention on Contracts for the International Sale of Goods
is expressly excluded.



     (f) Jurisdiction and Venue. Any action or proceeding arising directly or indirectly from this
Agreement and not subject to Section 10(b), shall be litigated in an appropriate state or federal
court in the County of Sacramento, California. Both parties consent to the jurisdiction of such
courts.



     (g) Attorneys’ Fees. The prevailing party in any action to enforce this Agreement shall be
entitled to recover costs and expenses, including attorneys’ fees.



 









 





Execution Copy




     (h) Export Laws. The Software shall not be exported from the United States except in
compliance with all applicable export laws and regulations.



     (i) U.S. Government; Restricted Rights. The Software is a “commercial item” as that term is
defined in 48 C.F.R. 2.101. The Software and Documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is subject to restrictions: if supplied to the
Department of Defense, the Software is “Commercial Computer Software” and the government acquires
the Software with “restricted rights,” as defined in Clause 252.227-7013(c)(1) of the Defense
Department Supplement to the Federal Acquisition Regulations (“FAR”); if the Software is supplied
to any other government unit or agency, the government’s rights in the Software are defined in
Clause 52.227-19(c)(2) of the FAR; but if the Software is supplied to NASA, the government’s rights
are defined in Clause 18-52.227-86(d) of the NASA supplement to the FAR.



     (j) Purchase Order Terms. The terms stated in this Agreement are the exclusive terms
regarding Licensee’s rights and obligations with respect to the Software. Any terms or conditions
stated in any purchase order, acknowledgment or invoice or the Purchase Document shall be of no
force and effect, and no course of dealing, usage of trade, or course of performance shall be
relevant to explain or modify any term expressed in the Agreement.



     (k) Publicity; Terms of Agreement. Licensor may publicly identify Licensee as Licensor’s
customer and a licensee of the Software. Licensee shall not disclose the terms of this Agreement
to any third party without Licensor’s prior written consent.



     (l) Notices. All notices or other communications required to be given hereunder shall be in
writing and shall be delivered by personal delivery, mail, courier, or facsimile to the address or
facsimile number of the other party set forth on the Purchase Document. Notice shall be deemed
given: upon personal delivery; if sent by fax, with confirmation of correct transmission, on the
next business day after it was sent; upon the courier’s confirmed delivery if sent by courier; and
if sent by mail with proper postage prepaid, five (5) days after the date of mailing. A party may
change its address for notice by delivering to the other party written notice of the new address in
accordance with the requirements of this Section 12(l).



     (m) Language. The official version of this Agreement is in the English language and this
Agreement will be construed in accordance with this version. Translations of this Agreement into
any other language are for the purpose of accommodation only and shall be of no legal effect.



 









 





Execution Copy



ANNEX C




Development Plan for S5 Product





	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	Task	 	 	Schedule	 	 	Product/Deliverables	 
	 	 	1	 	 	 	Functional Specifications
	 	 	No later than 31-May-06

	 	 	Signed functional Specification

Document	 
	 	 	2	 	 	 	Interface Requirements
	 	 	No later than 30-June-06

	 	 	Signed Interface Requirements

Specifications	 
	 	 	3	 	 	 	First Delivery of the
Licensed Software
(Interim Release)
	 	 	No later than 15-October-06

	 	 	* Version Description Document

* Version of the Licensed Software	 
	 	 	4	 	 	 	Delivery of the fully
functional Licensed
Software
	 	 	No later than 31-December-06

	 	 	* Acceptance Test Documents

* Version Description Document

* Version of the Licensed Software	 
	 






 









 






Execution Copy



EXHIBIT 1.11




CardiOp-B Specifications



As specified in CardiOp-B User Manual version 1.6.8.25, attached hereto.





 









 









Execution Copy





EXHIBIT 1.41




Existing Paieon Patent Rights



1. “System and method for three-dimensional reconstruction of an artery”




Application number: 136050

Filing date: May 9 2000

Filing Country: Israel




Application number: 10/662,325

Filing date: September 14 2000

Filing Country: USA




Application number: PCT/IL01/00201

Filing date: March 2 2001

Filing Country: PCT




Application number: 1908107.4

Filing date: March 2 2001

Filing Country: Europe



[CONFIDENTIAL]




Application number: 10/275,913

Filing date: November 12 2002

Filing Country: USA




Application number: 10/892,348 (continuation of 09/662,325)

Filing date: July 16 2004

Filing Country: USA



2. “System and Method for Three-Dimensional Reconstruction of A Tubular Organ”




Application number: PCT/US04/31594

Filing date: September 24 2004

Filing Country: PCT




[CONFIDENTIAL]


[CONFIDENTIAL]

Filing date: September 29 2003

Filing Country: USA Provision

Lapsed. Embedded in PCT/US04/31594




[CONFIDENTIAL]


[CONFIDENTIAL]

Filing date: September 25 2003

Filing Country: USA Provision




 









 






Execution Copy



Lapsed. Embedded in PCT/US04/31594




[CONFIDENTIAL]



Filing Country: USA Provision

Lapsed. Embedded in PCT/US04/31594



3. “Method and system for identifying optimal image within a series of images that depict a moving
organ”




Application number: PCT/IL2004/000632

Filing date: July 14 2004

Filing Country: PCT



4. “METHOD AND SYSTEM FOR POSITIONING AN OBJECT IN AN ARTERY” (alias “Method for positioning of
vascular object inside an artery”. Alias “Method and system for positioning a device in a tubular
organ”)




Application number: PCT/IL01/00955

Filing date: October 15 2001

Filing Country: PCT




Application number: 1980855.9

Filing date: July 30 2003

Filing Country: Europe




Application number: 10/451,543

Filing date: July 24 2003

Filing Country: USA



5. [CONFIDENTIAL]


 



 



6. “APPARATUS AND METHOD FOR FUSION AND IN OPERATING-ROOM PRESENTATION OF VOLUMETRIC DATA AND 3-D
ANGIOGRAPHIC DATA”




Application Number: 10/949,155

Filing Date: September 24 2004

Filing Country: USA




Application Number: PCT/IL2005/001024

Filing Date: September 25 2005

Filing Country: PCT




 









 






Execution Copy




7. [CONFIDENTIAL]




 



8. “METHOD AND SYSTEM FOR GENERATING A STEREO PAIR OF IMAGES OF AN ARTERY” (alias “Method for
generating a stereoscopic image from single view”. Alias “Method for processing images of coronary
arteries”).




Patent number: 09/829,425

Filing date: April 10 2001

Filing Country: USA




9.
[CONFIDENTIAL]




10.
[CONFIDENTIAL]



 









 





Execution Copy



EXHIBIT 1.68




Existing Volcano Patent Rights



See attached





 









 







					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 1






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	1002
	 	PT-IV	 	MJ	 	FILED	 	SWIVEL TIP ASSEMBLY AND CATHETER	 	JUNG, Eugene

	 
	 	 	 	 	 	 	 	USING SAME	 	SAVAGE, James

	 
	 	 	 	 	 	 	 	 	 	SAVAGE, James

	 
	 	 	 	 	 	 	 	 	 	WOLF, Erich






	 	 	 	 	 	 	 
	 
	 	 	 	IVUS-Capitalized 
	 	 
	 
	 	Owner:	 	Volcano & CCF	 	 
	 
	 	 	 	 	 	 
	 
	 	 	 	Keyword(s):	 	 
	 
	 	 	 	[CONFIDENTIAL]	 	 







	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US
	 	 	 	Granted	 	CIP	 	09/354992	 	16-Jul-1999	 	6290693	 	18-Sep-2001	 	SE	 	16-Jul-2018	 	LVM	 	206451






 









 









					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 2






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	1008
	 	PT-IV	 	MJ	 	FILED	 	FORWARD AND SIDE LOOKING	 	O’DONNELL, Matthew

	 
	 	 	 	 	 	 	 	ULTRASONIC IMAGING (amended title	 	STEPHENS, Douglas

	 
	 	 	 	 	 	 	 	8-16-01)	 	STEPHENS, Douglas

	 
	 	 	 	 	 	 	 	METHOD AND APPARATUS FOR	 	 
	 
	 	 	 	 	 	 	 	ULTRASONIC IMAGING	 	 






	 	 	 	 	 
	 
	 	 	 	IVUS-Capitalized
	 
	 	Owner:	 	Volcano Corporation
	 
	 	 	 	 
	 
	 	 	 	Keyword(s):
	 
	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	JP
	 	 	 	Published	 	PCT	 	2001/557697	 	07-Feb-2001	 	 	 	 	 	LE	 	 	 	LVM	 	217364
	US
	 	 	 	Granted	 	ORD	 	09/501106	 	09-Feb-2000	 	6457365	 	01-Oct-2002	 	SE	 	09-Feb-2020	 	LVM	 	206512
	US
	 	1	 	Granted	 	CON	 	10/174412	 	18-Jun-2002	 	6780157	 	24-Aug-2004	 	SE	 	09-Feb-2020	 	LVM	 	216219
	US
	 	2	 	Published	 	RCE	 	10/243823	 	13-Sep-2002	 	 	 	 	 	SE	 	 	 	LVM	 	218610
	WO
	 	 	 	Published	 	ORD	 	US01/03894	 	07-Feb-2001	 	 	 	 	 	SE	 	 	 	LVM	 	209163






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 3






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	2001
	 	PT-IV	 	MJ	 	FILED	 	APPARATUS AND METHOD FOR	 	PROUDIAN, Andrew P
	 
	 	 	 	 	 	 	 	IMAGING SMALL CAVITIES	 	 






	 	 	 	 	 
	 
	 	 	 	IVUS-Capitalized
	 
	 	Owner:	 	Volcano Corporation
	 
	 	 	 	 
	 
	 	 	 	Keyword(s):
	 
	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE
	 	 	 	Granted	 	EPC	 	89901828.7	 	20-Oct-1988	 	P3854838.0	 	27-Dec-1995	 	LE	 	20-Oct-2008	 	LVM	 	130716
	EP
	 	 	 	Granted	 	PCT	 	89901828.7	 	20-Oct-1988	 	0339087	 	27-Dec-1995	 	LE	 	20-Oct-2008	 	LVM	 	130716
	FR
	 	 	 	Granted	 	EPC	 	89901828.7	 	20-Oct-1988	 	0339087	 	27-Dec-1995	 	LE	 	20-Oct-2008	 	LVM	 	130716
	GB
	 	 	 	Granted	 	EPC	 	89901828.7	 	20-Oct-1988	 	0339087	 	27-Dec-1995	 	LE	 	20-Oct-2008	 	LVM	 	130716
	IT
	 	 	 	Granted	 	EPC	 	89901828.7	 	20-Oct-1988	 	0339087	 	27-Dec-1995	 	LE	 	20-Oct-2008	 	LVM	 	130716
	JP
	 	 	 	Granted	 	PCT	 	501770/89	 	20-Oct-1988	 	2020066	 	19-Feb-1996	 	LE	 	20-Oct-2008	 	LVM	 	130718
	NL
	 	 	 	Granted	 	EPC	 	89901828.7	 	20-Oct-1988	 	0339087	 	27-Dec-1995	 	LE	 	20-Oct-2008	 	LVM	 	130716
	US
	 	 	 	Granted	 	ORD	 	07/114351	 	27-Oct-1987	 	4917097	 	17-Apr-1990	 	SE	 	27-Oct-2007	 	JOHN	 	124037
	WO
	 	 	 	Published	 	ORD	 	US88/04036	 	20-Oct-1988	 	 	 	 	 	SE	 	 	 	LVM	 	128932






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 4






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	2003
	 	PT-IV	 	MJ	 	FILED	 	DILATING AND IMAGING APPARATUS	 	EBERLE M






	 	 	 	 	 
	 
	 	 	 	IVUS-Capitalized
	 
	 	Owner:	 	Volcano Corporation
	 
	 	 	 	 
	 
	 	 	 	Keyword(s):
	 
	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	JP
	 	 	 	Granted	 	PCT	 	504415/92	 	31-Dec-1991	 	2552421	 	22-Aug-1996	 	LE	 	31-Dec-2011	 	LVM	 	154240
	US
	 	 	 	Granted	 	ORD	 	07/638192	 	07-Jan-1991	 	5167233	 	01-Dec-1992	 	SE	 	01-Dec-2009	 	LVM	 	135693
	WO
	 	 	 	Published	 	ORD	 	US91/09821	 	31-Dec-1991	 	 	 	 	 	SE	 	 	 	LVM	 	144121






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
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	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	2004
	 	PT-IV	 	MJ	 	FILED	 	METHOD AND APPARATUS FOR	 	EBERLE, Michael J.
	 
	 	 	 	 	 	 	 	REMOVING ARTIFACTS FROM AN	 	 
	 
	 	 	 	 	 	 	 	ULTRASONICALLY GENERATED IMAGE	 	 
	 
	 	 	 	 	 	 	 	OF A SMALL CAVITY	 	 






	 	 	 	 	 
	 
	 	 	 	IVUS-Capitalized
	 
	 	Owner:	 	Volcano Corporation
	 
	 	 	 	 
	 
	 	 	 	Keyword(s):
	 
	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE
	 	 	 	Granted	 	EPC	 	92914893.0	 	19-Jun-1992	 	611291	 	25-Feb-2004	 	LE	 	19-Jun-2012	 	LVM	 	156245
	EP
	 	 	 	Granted	 	PCT	 	92914893.0	 	19-Jun-1992	 	0611291	 	25-Feb-2004	 	LE	 	19-Jun-2012	 	LVM	 	156245
	FR
	 	 	 	Granted	 	EPC	 	92914893.0	 	19-Jun-1992	 	611291	 	25-Feb-2004	 	LE	 	19-Jun-2012	 	LVM	 	156245
	GB
	 	 	 	Granted	 	EPC	 	92914893.0	 	19-Jun-1992	 	611291	 	25-Feb-2004	 	LE	 	19-Jun-2012	 	LVM	 	156245
	JP
	 	 	 	Granted	 	PCT	 	501556/93	 	19-Jun-1992	 	3194582	 	01-Jun-2001	 	LE	 	19-Jun-2012	 	LVM	 	159386
	US
	 	 	 	Granted	 	ORD	 	07/719804	 	24-Jun-1991	 	5183048	 	02-Feb-1993	 	SE	 	24-Jun-2010	 	LVM	 	135692
	WO
	 	 	 	Published	 	ORD	 	US92/05156	 	19-Jun-1992	 	 	 	 	 	SE	 	 	 	LVM	 	144332






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
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	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	2005
	 	PT-IV	 	MJ	 	FILED	 	ULTRASOUND CATHETER	 	EBERLE M J






	 	 	 	 	 
	 
	 	 	 	IVUS-Capitalized
	 
	 	Owner:	 	Volcano Corporation
	 
	 	 	 	 
	 
	 	 	 	Keyword(s):
	 
	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE
	 	 	 	Granted	 	EPC	 	94906070.1	 	14-Jan-1994	 	0637937	 	09-Apr-2003	 	LE	 	14-Jan-2014	 	LVM	 	 
	DE
	 	1	 	Opposition	 	EPC	 	96202546.6	 	14-Jan-1994	 	0750883	 	24-Apr-2002	 	LE	 	14-Jan-2014	 	LVM	 	174531
	EP
	 	 	 	Granted	 	PCT	 	94906070.1	 	14-Jan-1994	 	0637937	 	09-Apr-2003	 	LE	 	01-Feb-2013	 	LVM	 	162595
	EP
	 	1	 	Opposition	 	DIV	 	96202546.6	 	14-Jan-1994	 	0750883	 	24-Apr-2002	 	LE	 	01-Feb-2013	 	LVM	 	174531
	EP
	 	2	 	Published	 	DIV	 	03075230.7	 	22-Jan-2003	 	 	 	 	 	SE	 	 	 	LVM	 	218867
	FR
	 	 	 	Granted	 	EPC	 	94906070.1	 	14-Jan-1994	 	0637937	 	09-Apr-2003	 	LE	 	14-Jan-2014	 	 	 	 
	FR
	 	1	 	Opposition	 	EPC	 	96202546.6	 	14-Jan-1994	 	0750883	 	24-Apr-2002	 	LE	 	14-Jan-2014	 	LVM	 	174531
	GB
	 	 	 	Granted	 	EPC	 	94906070.1	 	14-Jan-1994	 	0637937	 	09-Apr-2003	 	LE	 	14-Jan-2014	 	 	 	 
	GB
	 	1	 	Opposition	 	EPC	 	96202546.6	 	14-Jan-1994	 	0750883	 	24-Apr-2002	 	LE	 	14-Jan-2014	 	LVM	 	174531
	IT
	 	 	 	Granted	 	EPC	 	94906070.1	 	14-Jan-1994	 	0637937	 	09-Apr-2003	 	LE	 	14-Jan-2014	 	 	 	 
	IT
	 	1	 	Opposition	 	EPC	 	96202546.6	 	14-Jan-1994	 	0750883	 	24-Apr-2002	 	LE	 	14-Jan-2014	 	LVM	 	174531
	JP
	 	 	 	Granted	 	PCT	 	518040/94	 	14-Jan-1994	 	3732854	 	21-Oct-2005	 	LE	 	14-Jan-2014	 	LVM	 	162597






[CONFIDENTIAL]





 









 







					
	Thursday, April 13, 2006
	 	Master List By Case Number
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[CONFIDENTIAL]




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	NL
	 	1	 	Opposition	 	EPC	 	96202546.6	 	14-Jan-1994	 	0750883	 	24-Apr-2002	 	LE	 	14-Jan-2014	 	LVM	 	174531
	US
	 	 	 	Granted	 	ORD	 	08/012251	 	01-Feb-1993	 	5368037	 	29-Nov-1994	 	SE	 	01-Feb-2013	 	LVM	 	147851
	US
	 	1	 	Granted	 	ORD	 	08/516538	 	18-Aug-1995	 	5603327	 	18-Feb-1997	 	SE	 	18-Aug-2015	 	LVM	 	166928
	WO
	 	 	 	Published	 	ORD	 	US94/00474	 	14-Jan-1994	 	 	 	 	 	SE	 	 	 	LVM	 	159660






 









 






					
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	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	2006
	 	PT-IV	 	MJ	 	FILED	 	ULTRASOUND CATHETER PROBE	 	EBERLE M J






	 	 	 	 	 
	 
	 	 	 	IVUS-Capitalized
	 
	 	Owner:	 	Volcano Corporation
	 
	 	 	 	 
	 
	 	 	 	Keyword(s):
	 
	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US
	 	 	 	Granted	 	CON	 	08/712166	 	11-Sep-1996	 	5779644	 	14-Jul-1998	 	SE	 	01-Feb-2013	 	LVM	 	174179
	US
	 	1	 	Granted	 	DIV	 	08/935930	 	23-Sep-1997	 	5938615	 	17-Aug-1999	 	SE	 	01-Feb-2013	 	LVM	 	179504
	US
	 	2	 	Granted	 	CON	 	09/324692	 	02-Jun-1999	 	6123673	 	26-Sep-2000	 	SE	 	23-Sep-2017	 	LVM	 	201390
	US
	 	3	 	Granted	 	CON	 	09/658323	 	08-Sep-2000	 	6283920	 	04-Sep-2001	 	SE	 	08-Aug-2020	 	LVM	 	205997
	US
	 	4	 	Granted	 	RCE	 	09/906302	 	16-Jul-2001	 	6962567	 	08-Nov-2005	 	SE	 	16-Jul-2021	 	LVM	 	211117
	US
	 	7	 	Pending	 	CON	 	11/221165	 	07-Sep-2005	 	 	 	 	 	SE	 	 	 	LVM	 	238269






 









 






					
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	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	2008
	 	PT-IV	 	MJ	 	FILED	 	APPARATUS AND METHOD FOR	 	O’DONNELL M
	 
	 	 	 	 	 	 	 	DETECTING BLOOD FLOW IN	 	 
	 
	 	 	 	 	 	 	 	INTRAVASCULAR ULTRASONIC IMAGING	 	 






	 	 	 	 	 
	 
	 	 	 	IVUS-Capitalized
	 
	 	Owner:	 	Volcano Corporation
	 
	 	 	 	 
	 
	 	 	 	Keyword(s):
	 
	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE
	 	 	 	Granted	 	EPC	 	95917583.7	 	19-Apr-1995	 	0707453	 	23-Jun-2004	 	LE	 	19-Apr-2015	 	LVM	 	167618
	EP
	 	 	 	Granted	 	PCT	 	95917583.7	 	19-Apr-1995	 	0707453	 	23-Jun-2004	 	LE	 	28-Apr-2014	 	LVM	 	167618
	FR
	 	 	 	Granted	 	EPC	 	95917583.7	 	19-Apr-1995	 	0707453	 	23-Jun-2004	 	LE	 	19-Apr-2015	 	 	 	167618
	GB
	 	 	 	Granted	 	EPC	 	95917583.7	 	19-Apr-1995	 	0707453	 	23-Jun-2004	 	LE	 	19-Apr-2015	 	 	 	167618
	JP
	 	 	 	Granted	 	PCT	 	528280/95	 	19-Apr-1995	 	3188470	 	11-May-2001	 	LE	 	19-Apr-2015	 	LVM	 	167619
	US
	 	 	 	Granted	 	CIP	 	08/234848	 	28-Apr-1994	 	5453575	 	26-Sep-1995	 	SE	 	26-Sep-2014	 	LVM	 	159333
	WO
	 	 	 	Published	 	ORD	 	US95/04776	 	19-Apr-1995	 	 	 	 	 	SE	 	 	 	LVM	 	165589






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 10






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	2009
	 	PT-IV	 	MJ	 	FILED	 	A HIGH RESOLUTION INTRAVASCULAR	 	EBERLE M J
	 
	 	 	 	 	 	 	 	ULTRASOUND TRANDUCER HAVING A	 	 
	 
	 	 	 	 	 	 	 	FLEXIBLE SUBSTRATE	 	 






	 	 	 	 	 
	 
	 	 	 	IVUS-Capitalized
	 
	 	Owner:	 	Volcano Corporation
	 
	 	 	 	 
	 
	 	 	 	Keyword(s):
	 
	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	[CONFIDENTIAL]	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	WO
	 	 	 	Published	 	ORD	 	US96/20655	 	23-Dec-1996	 	 	 	 	 	SE	 	 	 	LVM	 	175433







 









 







					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 11






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	2011

	 	PT-IV
	 	MJ
	 	FILED
	 	HIGH RESOLUTION INTRAVASCULAR

ULTRASOUND TRANSDUCER ASSEMBLY

HAVING A FLEXIBLE SUBSTRATE
	 	EBERLE M J
	 

	 	 	 	 	 	 	 	title amendment to:	 	 
	 

	 	 	 	 	 	 	 	A METHOD FOR MANUFACTURING AN

INTRAVASCULAR ULTRASOUND

TRANSDUCER ASSEMBLY HAVING A

FLEXIBLE SUBSTRATE	 	 






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 
	 	 	 	 
	 

	 	 	 	Keyword(s):
	 

	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE
	 	 	 	Pending	 	EPC	 	98200020.0	 	07-Jan-1998	 	 	 	 	 	LE	 	 	 	LVM	 	184077
	EP
	 	 	 	Published	 	ORD	 	98200020.0	 	07-Jan-1998	 	 	 	 	 	LE	 	 	 	LVM	 	184077
	FR
	 	 	 	Pending	 	EPC	 	98200020.0	 	07-Jan-1998	 	 	 	 	 	LE	 	 	 	LVM	 	184077
	GB
	 	 	 	Pending	 	EPC	 	98200020.0	 	07-Jan-1998	 	 	 	 	 	LE	 	 	 	LVM	 	184077
	IT
	 	 	 	Pending	 	EPC	 	98200020.0	 	07-Jan-1998	 	 	 	 	 	LE	 	 	 	LVM	 	184077
	NL
	 	 	 	Pending	 	EPC	 	98200020.0	 	07-Jan-1998	 	 	 	 	 	LE	 	 	 	LVM	 	184077
	US
	 	 	 	Granted	 	ORD	 	08/780437	 	08-Jan-1997	 	5857974	 	12-Jan-1999	 	SE	 	08-Jan-2017	 	LVM	 	75549
	US
	 	1	 	Granted	 	DIV	 	08/974677	 	19-Nov-1997	 	6049958	 	18-Apr-2000	 	SE	 	08-Jan-2017	 	LVM	 	84004
	US
	 	2	 	Granted	 	CON	 	09/550864	 	17-Apr-2000	 	6618916	 	16-Sep-2003	 	SE	 	08-Jan-2017	 	LVM	 	204763
	US
	 	3	 	Granted	 	CON	 	10/661269	 	12-Sep-2003	 	6899682	 	31-May-2005	 	SE	 	08-Jan-2017	 	LVM	 	224396






 









 





					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 12






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	US
	 	4	 	Published	 	CON	 	11/120257	 	02-May-2005	 	 	 	 	 	SE	 	 	 	LVM	 	235421






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 13






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	2012

	 	PT-IV
	 	MJ
	 	FILED
	 	METHOD AND APPARATUS FOR

CREATING A COLOR BLOOD FLOW

IMAGE BASED UPON ULTRASONIC ECHO

SIGNALS RECEIVED BY AN INTRAVASC
	 	O’DONNELL M






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 
	 	 	 	 
	 

	 	 	 	Keyword(s):
	 

	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE
	 	 	 	Granted	 	EPC	 	98201041.5	 	02-Apr-1998	 	0871043	 	23-Jun-2004	 	LE	 	02-Apr-2018	 	LVM	 	184987
	EP
	 	 	 	Granted	 	ORD	 	98201041.5	 	02-Apr-1998	 	0871043	 	23-Jun-2004	 	LE	 	02-Apr-2018	 	LVM	 	184987
	FR
	 	 	 	Granted	 	EPC	 	98201041.5	 	02-Apr-1998	 	0871043	 	23-Jun-2004	 	LE	 	02-Apr-2018	 	LVM	 	184987
	GB
	 	 	 	Granted	 	EPC	 	98201041.5	 	02-Apr-1998	 	0871043	 	23-Jun-2004	 	LE	 	02-Apr-2018	 	LVM	 	184987
	JP
	 	 	 	Granted	 	ORD	 	95883/98	 	08-Apr-1998	 	3629141	 	17-Dec-2004	 	LE	 	08-Apr-2018	 	LVM	 	184985
	US
	 	 	 	Granted	 	ORD	 	08/827724	 	08-Apr-1997	 	5921931	 	13-Jul-1999	 	SE	 	08-Apr-2017	 	LVM	 	174725






 









 





					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 14






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	3003

	 	PT-IV
	 	MJ
	 	FILED
	 	MODULING IMAGING/TREATMENT
	 	BAKER B
	 

	 	 	 	 	 	 	 	CATHETER ASSEMBLY AND METHOD
	 	EBERLE M J
	 

	 	 	 	 	 	 	 	 	 	EBERLE M J
	 

	 	 	 	 	 	 	 	 	 	VARNEY C R






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 
	 	 	 	 
	 

	 	 	 	Keyword(s):
	 

	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US
	 	 	 	Granted	 	ORD	 	08/987465	 	09-Dec-1997	 	5876344	 	02-Mar-1999	 	SE	 	09-Dec-2017	 	LVM	 	216117
	US
	 	1	 	Granted	 	CON	 	09/234967	 	21-Jan-1999	 	6080109	 	27-Jun-2000	 	SE	 	09-Dec-2017	 	LVM	 	216120






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 15






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	3004

	 	PT-IV
	 	MJ
	 	FILED
	 	METHOD AND APPARATUS FOR

RINGDOWN REMOVAL
	 	BLEAM, David

LITZZA, Gerald L
	 

	 	 	 	 	 	 	 	 	 	LITZZA, Gerald L
	 

	 	 	 	 	 	 	 	 	 	WU, Ching-Chen
	 

	 	 	 	 	 	 	 	 	 	ZIEGENBEIN, Randall






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 
	 	 	 	 
	 

	 	 	 	Keyword(s):
	 

	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	EP
	 	 	 	Pending	 	ORD	 	99943907.8	 	25-Aug-1999	 	 	 	 	 	LE	 	 	 	LVM	 	216509
	JP
	 	 	 	Pending	 	PCT	 	00/569701	 	25-Aug-1999	 	 	 	 	 	LE	 	 	 	LVM	 	216510
	US
	 	 	 	Granted	 	ORD	 	09/153819	 	15-Sep-1998	 	6036650	 	14-Mar-2000	 	SE	 	15-Sep-2018	 	LVM	 	216499
	WO
	 	 	 	Published	 	ORD	 	US99/19392	 	25-Aug-1999	 	 	 	 	 	SE	 	 	 	LVM	 	216502






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 16






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Number	 	 	 	 	 	Division	 	 	Attorney	 	 	Disclosure Status	 	 	Title	 	 	Inventors	 
	4004
	 	 	 	 	 	PT-IV	 	MJ	 	FILED	 	 	INTRAVASCULAR RADIATION DELIVERY	 	CIEZKI J P

	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	DEVICE	 	JUNG E J

JUNG E J






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano & CCF
	 
	 	 	 	 
	 

	 	 	 	Keyword(s):
	 

	 	 	 	[CONFIDENTIAL]









	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US
	 	3	 	Granted	 	DIV	 	09/436666	 	10-Nov-1999	 	6387035	 	14-May-2002	 	SE	 	28-Mar-2017	 	LVM	 	215626






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 17






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	4013

	 	PT-IV
	 	MJ
	 	Filed
	 	ULTRASONIC IMAGIING DEVICES AND

METHODS OF FABRICATION (EagleEye)
	 	STEPHENS, Douglas






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 
	 	 	 	 
	 

	 	 	 	Keyword(s):
	 

	 	 	 	[CONFIDENTIAL]
	 
	 	 	 	 
	 

	 	Remarks:
	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	JP
	 	 	 	Published	 	PCT	 	2004/531861	 	27-Aug-2003	 	 	 	 	 	 	 	 	 	LVM	 	234048
	US
	 	 	 	Published	 	RCE	 	10/233870	 	29-Aug-2002	 	 	 	 	 	SE	 	 	 	LVM	 	229270
	WO
	 	 	 	Published	 	ORD	 	03/27006	 	27-Aug-2003	 	 	 	 	 	SE	 	 	 	LVM	 	229248






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 18






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	4015

	 	PT-IV
	 	MJ
	 	Filed
	 	LOW-CROSS-TALK CATHETER
	 	DAVIES, Stephen C.
	 

	 	 	 	 	 	 	 	MICROCABLE ARRANGEMENTS
	 	LITZZA, Gerald L.
	 

	 	 	 	 	 	 	 	 	 	LITZZA, Gerald L.
	 

	 	 	 	 	 	 	 	 	 	WILLIAMS, Gregory K.






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 
	 	 	 	 
	 

	 	 	 	Keyword(s):
	 

	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	EP
	 	 	 	Published	 	PCT	 	03752544.1	 	22-Sep-2003	 	 	 	 	 	 	 	 	 	 	 	234673
	JP
	 	 	 	Published	 	PCT	 	2004-538362	 	22-Sep-2003	 	 	 	 	 	 	 	 	 	 	 	234672
	US
	 	 	 	Published	 	ORD	 	10/668451	 	22-Sep-2003	 	 	 	 	 	SE	 	 	 	LVM	 	229278
	WO
	 	 	 	Published	 	ORD	 	03/29739	 	22-Sep-2003	 	 	 	 	 	SE	 	 	 	LVM	 	229260







 









 








					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 19







	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	 
	 	 	 	 	 	 	 	 	 	 

	 
	 	 	 	 	 	 	 	 	 	 







[CONFIDENTIAL]






Owner: [CONFIDENTIAL]




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






[CONFIDENTIAL]



 









 








					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 20








	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	 
	 	 	 	 	 	 	 	 	 	 

	 
	 	 	 	 	 	 	 	 	 	 







[CONFIDENTIAL]






     Owner: [CONFIDENTIAL]




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






[CONFIDENTIAL]



 









 








					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 21







	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	 
	 	 	 	 	 	 	 	 	 	 

	 
	 	 	 	 	 	 	 	 	 	 







[CONFIDENTIAL]






     Owner: [CONFIDENTIAL]




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






[CONFIDENTIAL]



 









 








					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 22







	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	 
	 	 	 	 	 	 	 	 	 	 

	 
	 	 	 	 	 	 	 	 	 	 







[CONFIDENTIAL]






     Owner: [CONFIDENTIAL]




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






[CONFIDENTIAL]



 









 





					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 23






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5004

	 	PT-IV
	 	 	 	FILED
	 	INTRAVASCULAR ULTRASONIC
	 	CESPEDES, E. Ignacio
	 

	 	 	 	 	 	 	 	PALPATION	 	 






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 

	 	 	 	Keyword(s):
	 
	 

	 	 	 	[CONFIDENTIAL]







	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	EP

	 	 	 	PENDING
	 	ORD
	 	97203072.0	 	06-Oct-1997
	 	 	 	 	 	LE
	 	 	 	LVM
	 	227817	 
	JP

	 	 	 	Pending
	 	ORD
	 	10/284546	 	06-Oct-1998
	 	 	 	 	 	LE
	 	 	 	LVM
	 	230610	 
	US

	 	 	 	Granted
	 	ORD
	 	09/166016	 	05-Oct-1998
	 	6165128	 	26-Dec-2000
	 	SE
	 	05-Oct-2018
	 	LVM
	 	187862	 






 









 





					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 24






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5005

	 	PT-IV
	 	MJ
	 	FILED
	 	MEASUREMENT OF VOLUMETRIC FLUID
	 	Bom, Nicolaas
	 

	 	 	 	 	 	 	 	FLOW AND ITS VELOCITY PROFILE
	 	CESPEDES, E. Ignacio
	 

	 	 	 	 	 	 	 	 	 	CESPEDES, E. Ignacio
	 

	 	 	 	 	 	 	 	 	 	Lancee, Charles T.
	 

	 	 	 	 	 	 	 	 	 	Li, Wenguang
	 

	 	 	 	 	 	 	 	 	 	Van Der Steen, A F W






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 

	 	 	 	Keyword(s):
	 

	 	 	 	[CONFIDENTIAL]










	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US

	 	 	 	Granted
	 	ORD
	 	09/297538
	 	03-May-1999
	 	6213950	 	10-Apr-2001
	 	SE
	 	03-May-2019
	 	LVM
	 	201119	 
	US

	 	1	 	Granted
	 	CON
	 	09/748464
	 	26-Dec-2000
	 	6685646	 	03-Feb-2004
	 	SE
	 	17-Feb-2020
	 	LVM
	 	208251	 






 









 





					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 25






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5006

	 	PT-IV
	 	MJ
	 	FILED
	 	PULL BACK DEVICE	 	 
	 

	 	 	 	 	 	 	 	 	 	BRENNER
	 

	 	 	 	 	 	 	 	 	 	HASSAN
	 

	 	 	 	 	 	 	 	 	 	PETROVIC
	 

	 	 	 	 	 	 	 	 	 	VUJANIC






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 

	 	 	 	Keyword(s):
	 
	 	 	 	 
	 

	 	 	 	[CONFIDENTIAL]










	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US

	 	 	 	Granted
	 	ORD
	 	09/331951
	 	09-Jan-1998
	 	6290675	 	18-Sep-2001
	 	SE
	 	09-Jan-2018
	 	LVM
	 	201640	 
	WO

	 	 	 	Published
	 	ORD
	 	EP98/00151
	 	09-Jan-1998
	 	 	 	 	 	SE	 	 	 	 	 	 	 	 







 









 







	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 26






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5012

	 	PT-IV
	 	 	 	Filed
	 	USING DOPPLER TECHNIQUES TO

MEASURE NON-UNIFORM ROTATION OF

AN ULTRASOUND TRANSDUCER
	 	SCAMPINI, John






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US

	 	 	 	Granted
	 	ORD
	 	09/100504
	 	19-Jun-1998
	 	5989191	 	 	23-Nov-1999
	 	SE
	 	19-Jun-2018	 	 	 	 






 









 






	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 27






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5013

	 	PT-IV
	 	 	 	Filed
	 	SPOOLING PULLBACK FOR CATHETER

IMAGING AND THERAPY CORES
	 	ROURKE, Jonathan






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE

	 	 	 	Pending
	 	ORD
	 	 	29804455.2	 	 	12-Mar-1998
	 	 	 	 	 	 	 	LE
	 	 	 	O’MM
	 	895675-200
	JP

	 	 	 	Pending
	 	ORD
	 	 	98/065671	 	 	16-Mar-1998
	 	 	 	 	 	 	 	LE
	 	 	 	O’MM
	 	895675-201
	US

	 	 	 	Granted
	 	ORD
	 	 	08/818026	 	 	14-Mar-1997
	 	 	5797858	 	 	25-Aug-1998
	 	SE
	 	14-Mar-2017
	 	O’MM
	 	895675-199






 









 






	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 28






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6001

	 	PT-IV
	 	MJ
	 	Filed
	 	METHODS AND APPARATUS FOR THE
	 	KITNEY, Richard
	 

	 	 	 	 	 	 	 	EXAMINATION AND TREATMENT OF
	 	ROTHMAN, Martin
	 

	 	 	 	 	 	 	 	INTERNAL ORGANS
	 	ROTHMAN, Martin
	 

	 	 	 	 	 	 	 	 	 	STRAUGHAN, Keith






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 

	 	 	 	Keyword(s):
	 
	 	 	 	 
	 

	 	 	 	[CONFIDENTIAL]









	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE

	 	 	 	Granted
	 	EPC
	 	90908288.5	 	29-May-1990
	 	69031685.2	 	05-Nov-1997
	 	LE
	 	29-May-2010
	 	LVM	 	 
	EP

	 	 	 	Granted
	 	ORD
	 	90908288.5	 	29-May-1990
	 	0473665	 	05-Nov-1997
	 	LE
	 	29-May-2010
	 	LVM	 	 
	FR

	 	 	 	Granted
	 	EPC
	 	90908288.5	 	29-May-1990
	 	0473665	 	05-Nov-1997
	 	LE
	 	29-May-2010	 	 	 	 
	GB

	 	 	 	Granted
	 	ORD
	 	8912198.2	 	26-May-1989
	 	2233094	 	09-Feb-1994
	 	LE
	 	26-May-2009
	 	LVM	 	 
	US

	 	 	 	Granted
	 	ORD
	 	777253	 	27-Jan-1992
	 	5257629	 	02-Nov-1993
	 	SE
	 	27-Jan-2012
	 	LVM	 	 
	WO

	 	 	 	Published
	 	ORD
	 	90/00830	 	29-May-1990
	 	 	 	 	 	SE
	 	 	 	LVM	 	 






 









 






	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 29






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6002

	 	PT-IV
	 	MJ
	 	Filed
	 	METHODS AND APPARATUS FOR THE
	 	KITNEY, Richard
	 

	 	 	 	 	 	 	 	EXAMINATION AND TREATMENT OF
	 	ROTHMAN, Martin
	 

	 	 	 	 	 	 	 	INTERNAL ORGANS
	 	ROTHMAN, Martin
	 

	 	 	 	 	 	 	 	 	 	STRAUGHAN, Keith






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 

	 	 	 	Keyword(s):
	 
	 	 	 	 
	 

	 	 	 	[CONFIDENTIAL]












	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE

	 	 	 	Granted
	 	EPC
	 	88909566.7	 	10-Nov-1988
	 	0386058	 	23-May-2001
	 	LE
	 	10-Nov-2008
	 	LVM	 	 
	EP

	 	 	 	Granted
	 	PCT
	 	88909566.7	 	10-Nov-1988
	 	0386058	 	23-May-2001
	 	LE
	 	11-Nov-2007
	 	LVM	 	 
	FR

	 	 	 	Granted
	 	EPC
	 	88909566.7	 	10-Nov-1988
	 	0386058	 	23-May-2001
	 	LE
	 	10-Nov-2008
	 	LVM	 	 
	GB

	 	  1	Granted
	 	DIV
	 	9117540.6	 	15-Aug-1991
	 	2246632	 	15-Jul-1992
	 	LE
	 	15-Aug-2011
	 	LVM	 	 
	GB

	 	  2	Granted
	 	EPC
	 	88909566.7	 	10-Nov-1988
	 	0386058	 	23-May-2001
	 	LE
	 	10-Nov-2008
	 	LVM	 	 
	IT

	 	 	 	Granted
	 	EPC
	 	88909566.7	 	10-Nov-1988
	 	0386058	 	23-May-2001
	 	LE
	 	10-Nov-2008	 	 	 	 
	JP

	 	 	 	Granted
	 	PCT
	 	63/508855	 	29-Nov-1988
	 	2905489	 	16-Mar-1999
	 	LE
	 	29-Nov-2008
	 	LVM	 	 
	NL

	 	 	 	Granted
	 	EPC
	 	88909566.7	 	10-Nov-1988
	 	0386058	 	23-May-2001
	 	LE
	 	10-Nov-2008
	 	LVM	 	 
	US

	 	 	 	Granted
	 	PCT
	 	488007	 	09-May-1990
	 	5081993	 	21-Jan-1992
	 	SE
	 	09-May-2010
	 	LVM	 	 
	WO

	 	 	 	Published
	 	ORD
	 	88/00971	 	10-Nov-1988
	 	 	 	 	 	SE
	 	 	 	LVM	 	 






 









 






	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 30






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6003

	 	PT-IV
	 	MJ
	 	Filed
	 	ULTRASONIC VISUALISATION AND
	 	NIX, Elvin L.
	 

	 	 	 	 	 	 	 	CATHETERS THEREFOR
	 	PACEY, Andrew R.
	 

	 	 	 	 	 	 	 	 	 	PACEY, Andrew R.
	 

	 	 	 	 	 	 	 	 	 	ROTHMAN, Martin
	 

	 	 	 	 	 	 	 	 	 	SOM, Amit K.






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 

	 	 	 	Keyword(s):
	 
	 	 	 	 
	 

	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US

	 	 	 	Granted
	 	PCT
	 	09/214739
	 	16-Jun-1997
	 	6283921	 	 	04-Sep-2001
	 	SE
	 	16-Jun-2017
	 	LVM
	 	 	228028	 
	WO

	 	 	 	Published
	 	ORD
	 	97/01612
	 	16-Jun-1997
	 	 	 	 	 	 	 	SE
	 	 	 	LVM	 	 	 	 






 









 






	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 31






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6007

	 	PT-IV
	 	MJ
	 	Filed
	 	ULTRASONIC VISUALISATION METHOD
	 	BARLOW, Christopher
	 

	 	 	 	 	 	 	 	AND APPARATUS
	 	DICKINSON, Robert
	 

	 	 	 	 	 	 	 	 	 	DICKINSON, Robert
	 

	 	 	 	 	 	 	 	 	 	HAMILTON, Robin
	 

	 	 	 	 	 	 	 	 	 	KELLY, Derek
	 

	 	 	 	 	 	 	 	 	 	RYAN, Patrick J
	 
	 

	 	 	 	 	 	 	 	 	 	WICKS, David






	 	 	 	 	 
	 

	 	 	 	IVUS-Capitalized
	 

	 	Owner:
	 	Volcano Corporation
	 

	 	 	 	Keyword(s):
	 
	 	 	 	 
	 

	 	 	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US

	 	 	 	 	 	Granted
	 	ORD
	 	08/503234
	 	17-Jul-1995
	 	 	5590659	 	 	 07-Jan-1997
	 	SE
	 	17-Jul-2015
	 	LVM
	 	 	228025	 
	US

	 	 	1	 	 	Granted
	 	CON
	 	08/773411
	 	27-Dec-1996
	 	 	5935072	 	 	10-Aug-1999
	 	SE
	 	27-Dec-2016 
	 	LVM
	 	 	228026	 
	US

	 	 	2	 	 	Granted
	 	CIP
	 	09/353922
	 	15-Jul-1999
	 	 	6254542	 	 	03-Jul-2001
	 	SE
	 	17-Jul-2015
	 	LVM
	 	 	228016	 







 









 







	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 32






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6008

	 	PT-IV
	 	MJ
	 	Filed
	 	IVUS CATHETER WITH
	 	DICKINSON, Robert
	 

	 	 	 	 	 	 	 	ELECTROSTRICTIVE ARRAY
	 	NIX, Elvin L.
	 

	 	 	 	 	 	 	 	CONFIGUATION
	 	NIX, Elvin L.






	 	 	 
	 

	 	IVUS-Capitalized
	Owner:

	 	Volcano Corporation
	 
	 	 
	 

	 	Keyword(s):
	 

	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE
	 	 	 	Granted	 	EPC	 	01974506.6	 	11-Oct-2001	 	1324702	 	19-May-2004	 	LE	 	11-Oct-2021	 	 	 	 
	EP
	 	 	 	Granted	 	PCT	 	01974506.6	 	11-Oct-2001	 	1324702	 	19-May-2004	 	LE	 	11-Oct-2021	 	LVM	 	227809
	FR
	 	 	 	Granted	 	EPC	 	01974506.6	 	11-Oct-2001	 	1324702	 	19-May-2004	 	LE	 	11-Oct-2021	 	 	 	 
	NL
	 	 	 	Granted	 	EPC	 	01974506.6	 	11-Oct-2001	 	1324702	 	19-May-2004	 	LE	 	11-Oct-2021	 	 	 	 
	US
	 	 	 	Published	 	PCT	 	10/398967	 	11-Apr-2003	 	 	 	 	 	SE	 	 	 	LVM	 	221751
	WO
	 	 	 	Published	 	ORD	 	01/04548	 	11-Oct-2001	 	 	 	 	 	SE	 	 	 	LVM	 	216593






 









 





	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 33






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6009

	 	PT-IV
	 	MJ
	 	Filed
	 	ARRANGEMENT OF IVUS SYSTEM
	 	DICKINSON, Robert
	 

	 	 	 	 	 	 	 	COMPONENTS INCLUDING REMOTE AND
	 	GLOVER, Richard P
	 

	 	 	 	 	 	 	 	ADJACENT COMPONENTS (formerly
	 	GLOVER, Richard P
	 

	 	 	 	 	 	 	 	ULTRASONIC VISUALISATION SYSTEMS)
	 	STENNING, Anthony D






	 	 	 
	 

	 	IVUS-Capitalized
	Owner:

	 	Volcano Corporation
	 
	 	 
	 

	 	Keyword(s):
	 

	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 		 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	JP
	 	 	 	Published	 	PCT	 	2000-591916	 	22-Dec-1999	 	 	 	 	 	LE	 	 	 	LVM	 	236027
	US
	 	 	 	Granted	 	PCT	 	09/869637	 	22-Dec-1999	 	6673015	 	06-Jan-2004	 	SE	 	22-Dec-2019	 	LVM	 	218499
	[CONFIDENTIAL]	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	WO
	 	 	 	Published	 	ORD	 	99/04343	 	22-Dec-1999	 	 	 	 	 	SE	 	 	 	LVM	 	 






 









 





	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 34






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6010

	 	PT-IV
	 	MJ
	 	Filed
	 	HELICALLY WRAPPED FLEX-CIRCUIT
	 	DICKINSON, Robert
	 

	 	 	 	 	 	 	 	 	 	HOWES, William
	 

	 	 	 	 	 	 	 	 	 	NIX, Elvin L.
	 

	 	 	 	 	 	 	 	 	 	WNENDT, Stephan






	 	 	 
	 

	 	IVUS-Capitalized
	Owner:

	 	Volcano Corporation
	 
	 	 
	 

	 	Keyword(s):
	 

	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE
	 	 	 	Granted	 	EPC	 	01949772.6	 	20-Jul-2001	 	1303216	 	26-May-2004	 	LE	 	20-Jul-2021	 	LVM	 	227800
	EP
	 	 	 	Granted	 	PCT	 	01949772.6	 	20-Jul-2001	 	1303216	 	26-May-2004	 	SE	 	20-Jul-2021	 	LVM	 	227800
	FR
	 	 	 	Granted	 	EPC	 	01949772.6	 	20-Jul-2001	 	1303216	 	26-May-2004	 	LE	 	20-Jul-2021	 	LVM	 	227800
	JP
	 	 	 	Published	 	PCT	 	2002/513344	 	20-Jul-2001	 	 	 	 	 	LE	 	 	 	LVM	 	236028
	US
	 	 	 	Published	 	PCT	 	10/333099	 	06-Aug-2003	 	 	 	 	 	SE	 	 	 	LVM	 	220403
	WO
	 	 	 	Published	 	ORD	 	01/03262	 	20-Jul-2001	 	 	 	 	 	SE	 	 	 	LVM	 	 






 









 





	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 35






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6011

	 	PT-IV
	 	MJ
	 	Filed
	 	METHODS AND APPARATUS FOR THE
	 	BARLOW, Christopher
	 

	 	 	 	 	 	 	 	EXAMINATION AND TREATMENT OF
	 	DICKINSON, Robert
	 

	 	 	 	 	 	 	 	INTERNAL ORGANS
	 	DICKINSON, Robert

RYAN, Patrick J






	 	 	 
	 

	 	IVUS-Capitalized
	Owner:

	 	Volcano Corporation
	 
	 	 
	 

	 	Keyword(s):
	 

	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	GB
	 	1	 	Granted	 	DIV	 	9615487.7	 	23-Jul-1996	 	2301892	 	26-Feb-1997	 	LE	 	23-Jul-2016	 	LVM	 	 
	US
	 	 	 	Granted	 	PCT	 	08/367276	 	12-Jan-1995	 	5993393	 	30-Nov-1999	 	SE	 	30-Nov-2016	 	LVM	 	 
	WO
	 	 	 	Published	 	ORD	 	93/01279	 	16-Jun-1993	 	 	 	 	 	SE	 	 	 	LVM	 	 






 









 





	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 36






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6012

	 	PT-IV
	 	MJ
	 	Filed
	 	MEDICAL ULTRASOUND IMAGING:
	 	DICKINSON, Robert
	 

	 	 	 	 	 	 	 	PULLBACK DEVICE II
	 	SPENCER, Timothy
	 

	 	 	 	 	 	 	 	 	 	SPENCER, Timothy






	 	 	 
	 

	 	IVUS-Capitalized
	Owner:

	 	Volcano Corporation
	 
	 	 
	 

	 	Keyword(s):
	 

	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	JP
	 	 	 	Published	 	PCT	 	2000/540754	 	27-Sep-2000	 	 	 	 	 	LE	 	 	 	LVM	 	236026
	US
	 	 	 	Granted	 	PCT	 	09/191796	 	13-Nov-1998	 	6275724	 	14-Aug-2001	 	SE	 	13-Nov-2018	 	LVM	 	228019
	WO
	 	 	 	Pending	 	ORD	 	98/02677	 	04-Sep-1998	 	 	 	 	 	SE	 	 	 	LVM	 	 






 









 





	 	 	 	 	 
	Thursday, April 13, 2006

	 	Master List By Case Number
	 	Page: 37






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6014

	 	PT-IV
	 	MJ
	 	Filed
	 	MEDICAL ULTRASOUND IMAGING
	 	BARLOW, Christopher
	 

	 	 	 	 	 	 	 	 	 	DICKINSON, Robert
	 

	 	 	 	 	 	 	 	 	 	KITNEY, Richard






	 	 	 
	 

	 	IVUS-Capitalized
	Owner:

	 	Volcano Corporation
	 
	 	 
	 

	 	Keyword(s):
	 

	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US
	 	 	 	Granted	 	ORD	 	08/537589	 	02-Oct-1995	 	5601082	 	11-Feb-1997	 	SE	 	02-Oct-2015	 	LVM	 	228015







 









 








					
	 	 	 	 	 
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 38






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6015

	 	PT-IV
	 	MJ
	 	Filed
	 	ULTRASOUND IMAGING
	 	BARLOW, Christopher
	 

	 	 	 	 	 	 	 	 	 	DICKINSON, Robert
	 

	 	 	 	 	 	 	 	 	 	WICKS, David






	 	 	 
	 

	 	IVUS-Capitalized
	Owner:

	 	
Volcano Corporation
	 
	 	 
	 

	 	Keyword(s):
	 

	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	Status	 	Case	 	Application	 	Filing	 	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	 	Agent Ref #
	US

	 	Granted
	 	ORD
	 	08/573062
	 	15-Dec-1995
	 	 	5630421	 	 	20-May-1997
	 	SE
	 	23-Dec-2014
	 	LVM
	 	 	228023	 






 









 







					
	 	 	 	 	 
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 39






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6016

	 	PT-IV
	 	MJ
	 	Filed
	 	ULTRASONIC TRANSDUCER
	 	BARLOW, Christopher
	 

	 	 	 	 	 	 	 	 	 	DICKINSON, Robert
	 

	 	 	 	 	 	 	 	 	 	NIX, Elvin L.
	 

	 	 	 	 	 	 	 	 	 	RYAN, Patrick J






	 	 	 
	 

	 	IVUS-Capitalized
	Owner:

	 	Volcano Corporation
	 
	 	 
	 

	 	Keyword(s):
	 

	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	Sub	 	 	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	Status	 	Case	 	 	Application	 	Filing	 	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	DE

	 	Granted
	 	EPC
	 	 	92916419.2	 	 	30-Jul-1992
	 	 	69213463.8	 	 	04-Sep-1996
	 	LE
	 	30-Jul-2012
	 	LVM	 	 
	EP

	 	Granted
	 	ORD
	 	 	92916419.2	 	 	30-Jul-1992
	 	 	0596974	 	 	04-Sep-1996
	 	SE
	 	30-Jul-2011
	 	LVM	 	 
	FR

	 	Granted
	 	EPC
	 	 	92916419.2	 	 	30-Jul-1992
	 	 	0596974	 	 	04-Sep-1996
	 	LE
	 	30-Jul-2012
	 	LVM	 	 
	GB

	 	Granted
	 	EPC
	 	 	92916419.2	 	 	30-Jul-1992
	 	 	0596974	 	 	04-Sep-1996
	 	LE
	 	30-Jul-2012	 	 	 	 
	JP

	 	Granted
	 	ORD
	 	 	05/503394	 	 	30-Jul-1992
	 	 	3344422	 	 	30-Aug-2002
	 	LE
	 	30-Jul-2011
	 	LVM	 	 






 









 






					
	 	 	 	 	 
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 40






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6017

	 	PT-IV
	 	MJ
	 	Filed
	 	ULTRASONIC TRANSDUCER ARRAY
	 	KITNEY, Richard
	 

	 	 	 	 	 	 	 	AROUND A FLEXIBLE TUBE
	 	ROTHMAN, Martin
	 

	 	 	 	 	 	 	 	 	 	ROTHMAN, Martin
	 

	 	 	 	 	 	 	 	 	 	STRAUGHAN, Keith






	 	 	 
	 

	 	IVUS-Capitalized
	Owner:

	 	Volcano Corporation
	 
	 	 
	 

	 	Keyword(s):
	 

	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	Sub	 	 	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	Status	 	Case	 	 	Application	 	Filing	 	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	GB

	 	Granted
	 	ORD
	 	 	8714450.7	 	 	19-Jun-1987
	 	 	2208138	 	 	07-Aug-1991
	 	LE
	 	19-Jun-2007
	 	LVM	 	 






 









 








					
	 	 	 	 	 
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 41






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	6019

	 	PT-IV
	 	MJ
	 	Filed
	 	ULTRASONIC TRANSDUCER ARRAY AND
	 	DICKINSON, Robert
	 

	 	 	 	 	 	 	 	METHOD OF MANUFACTURING THE
	 	KEILMAN, George W
	 

	 	 	 	 	 	 	 	SAME
	 	KEILMAN, George W
	 

	 	 	 	 	 	 	 	 	 	NIX, Elvin L.






	 	 	 
	 

	 	IVUS-Capitalized
	Owner:

	 	Volcano Corporation
	 
	 	 
	 

	 	Keyword(s):
	 

	 	[CONFIDENTIAL]
	 
	 	 
	Remarks:

	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country 	 	 	 	 	 	Status	 	Case	 	 	Application	 	Filing	 	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	 	Agent Ref #
	DE

	 	 	 	 	 	Granted
	 	EPC
	 	 	95301542.7	 	 	09-Mar-1995
	 	 	69516444.9	 	 	26-Apr-2000
	 	LE
	 	09-Mar-2015
	 	LVM	 	 	 	 
	EP

	 	 	 	 	 	Granted
	 	ORD
	 	 	95301542.7	 	 	09-Mar-1995
	 	 	0671221	 	 	26-Apr-2000
	 	LE
	 	09-Mar-2015
	 	LVM	 	 	 	 
	FR

	 	 	 	 	 	Granted
	 	EPC
	 	 	95301542.7	 	 	09-Mar-1995
	 	 	0671221	 	 	26-Apr-2000
	 	LE
	 	09-Mar-2015
	 	LVM	 	 	 	 
	GB

	 	 	3	 	 	Granted
	 	ORD
	 	 	9504791.6	 	 	09-Mar-1995
	 	 	2287375	 	 	15-Apr-1998
	 	LE
	 	09-Mar-2015
	 	LVM	 	 	 	 
	IT

	 	 	 	 	 	Granted
	 	EPC
	 	 	95301542.7	 	 	09-Mar-1995
	 	 	0671221	 	 	26-Apr-2000
	 	LE
	 	09-Mar-2015	 	 	 	 	 	 
	NL

	 	 	 	 	 	Granted
	 	EPC
	 	 	95301542.7	 	 	09-Mar-1995
	 	 	0671221	 	 	26-Apr-2000
	 	LE
	 	09-Mar-2015	 	 	 	 	 	 
	US

	 	 	1	 	 	Granted
	 	DIV
	 	 	08/940919	 	 	30-Sep-1997
	 	 	6238347	 	 	29-May-2001
	 	SE
	 	30-Sep-2017
	 	LVM
	 	 	228027	 
	US

	 	 	2	 	 	Granted
	 	CON
	 	 	08/999559	 	 	15-Oct-1997
	 	 	6110314	 	 	29-Aug-2000
	 	SE
	 	15-Oct-2017
	 	LVM
	 	 	228018	 
	US

	 	 	4	 	 	Granted
	 	DIV
	 	 	10/066129	 	 	31-Jan-2002
	 	 	6776763	 	 	17-Aug-2004
	 	SE
	 	 	 	LVM
	 	 	218866	 






 









 






					
	 	 	 	 	 
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 42






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	 

	 	 
	 	 
	 	 
	 	 
	 	 





[CONFIDENTIAL]




	 	 	 
	Owner:

	[CONFIDENTIAL]








	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	 

	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 





[CONFIDENTIAL]





 









 







					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 43








	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	 

	 	 
	 	 
	 	 
	 	 
	 	 





[CONFIDENTIAL]




	 	 	 
	   Owner:

	    [CONFIDENTIAL]








	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	 

	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 





[CONFIDENTIAL]




 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 44






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5007
	 	PT-VH	 	 	 	Filed	 	INTRAVASCULAR ULTRASONIC	 	KLINGENSMITH, Jon
	 
	 	 	 	 	 	 	 	ANALYSIS USING ACTIVE CONTOUR	 	SHEKHAR, Raj
	 
	 	 	 	 	 	 	 	METHOD AND SYSTEM	 	SHEKHAR, Raj
	 
	 	 	 	 	 	 	 	 	 	VINCE, D. Geoffrey
	 
	 	 	 	 	 	 	 	 	 	 





	 	 	 	 	 
	 

	 	 	 	VH-Capitalized
	 

	 	Owner:
	 	Cleveland Clinic Foundation
	 
	 	 	 	 
	 

	 	Remarks:
	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	AT
	 	 	 	Pending	 	EPC	 	00941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	O'MM	 	 
	AU
	 	 	 	Granted	 	PCT	 	56332/00	 	22-Jun-2000	 	776527	 	06-Jan-2005	 	LE	 	22-Jun-2020	 	O'MM	 	895675-190
	BE
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	CH
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	CY
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	DE
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	DK
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	EP
	 	 	 	Pending	 	PCT	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	O'MM	 	895675-191
	ES
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	FI
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	FR
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	GB
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	GR
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	IE
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	IT
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 45






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	JP	Pending PCT	507370/01 22-
	Jun-2000	          LE O'MM	895675-192
	LI
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	LU
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	MC
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	NL
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	PT
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	SE
	 	 	 	Pending	 	EPC	 	941653.8	 	22-Jun-2000	 	 	 	 	 	LE	 	 	 	 	 	 
	US
	 	 	 	Granted	 	ORD	 	09/347209	 	02-Jul-1999	 	6381350	 	30-Apr-2002	 	SE	 	02-Jul-2019	 	O'MM	 	895675-188
	WO
	 	 	 	Published	 	ORD	 	00/17241	 	22-Jun-2000	 	 	 	 	 	SE	 	 	 	O'MM	 	895675-189






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 46






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5008
	 	PT-VH	 	 	 	Filed	 	VASCULAR PLAQUE	 	KUBAN, Barry
	 
	 	 	 	 	 	 	 	CHARACTERIZATION	 	NAIR, Anuja
	 
	 	 	 	 	 	 	 	 	 	NAIR, Anuja
	 
	 	 	 	 	 	 	 	 	 	VINCE, D. Geoffrey






	 	 	 	 	 
	 

	 	 	 	VH-Capitalized
	 

	 	Owner:
	 	Cleveland Clinic Foundation
	 
	 	 	 	 
	 

	 	Remarks:
	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US
	 	 	 	Granted	 	ORD	 	09/394140	 	10-Sep-1999	 	6200268	 	13-Mar-2001	 	SE	 	10-Sep-2019	 	O'MM	 	895675-193






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 47






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5009
	 	PT-VH	 	 	 	Filed	 	SYSTEM AND METHOD FOR ACQUIRING
BLOOD-VESSEL DATA	 	 






	 	 	 	 	 
	 

	 	 	 	VH-Capitalized
	 

	 	Owner:
	 	Cleveland Clinic Foundation
	 
	 	 	 	 
	 

	 	Remarks:
	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	EP
	 	 	 	Published	 	PCT	 	03793358.7	 	25-Aug-2003	 	 	 	 	 	 	 	 	 	O'MM	 	895675-206
	JP
	 	 	 	Published	 	PCT	 	2004-529932	 	25-Aug-2003	 	 	 	 	 	SE	 	 	 	O'MM	 	895675-207
	US
	 	 	 	Published	 	ORD	 	10/647977	 	25-Aug-2003	 	 	 	 	 	SE	 	 	 	O'MM	 	895675-004
	WO
	 	 	 	Published	 	ORD	 	US03/26492	 	25-Aug-2003	 	 	 	 	 	SE	 	 	 	O'MM	 	895675-005






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 48






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5010
	 	PT-VH	 	 	 	Filed	 	SYSTEM AND METHOD FOR IDENTIFYING	 	KLINGENSMITH, Jon
	 
	 	 	 	 	 	 	 	A VASCULAR BORDER	 	KUBAN, Barry
	 
	 	 	 	 	 	 	 	 	 	KUBAN, Barry

NAIR, Anuja

VINCE, D. Geoffrey







	 	 	 	 	 
	 

	 	 	 	
VH-Capitalized
	 

	 	Owner:
	 	Cleveland Clinic Foundation
	 
	 	 	 	 
	 

	 	Remarks:
	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	EP
	 	 	 	Published	 	PCT	 	03749207.1	 	26-Aug-2003	 	 	 	 	 	 	 	 	 	O'MM	 	895675-208
	JP
	 	 	 	Published	 	PCT	 	2004-531263	 	26-Aug-2003	 	 	 	 	 	 	 	 	 	O'MM	 	895675-209
	US
	 	 	 	Published	 	ORD	 	10/649473	 	26-Aug-2003	 	 	 	 	 	SE	 	 	 	O'MM	 	895675-173
	WO
	 	 	 	Published	 	ORD	 	US03/27075	 	26-Aug-2003	 	 	 	 	 	SE	 	 	 	O'MM	 	895675-174






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 49






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5011
	 	PT-VH	 	 	 	Filed	 	SYSTEM AND METHOD FOR	 	KLINGENSMITH, Jon
	 
	 	 	 	 	 	 	 	CHARACTERIZING VASCULAR TISSUE	 	KUBAN, Barry
	 
	 	 	 	 	 	 	 	 	 	KUBAN, Barry
	 
	 	 	 	 	 	 	 	 	 	NAIR, Anuja
	 
	 	 	 	 	 	 	 	 	 	VINCE, D. Geoffrey






	 	 	 	 	 
	 

	 	 	 	 
	 

	 	Owner:
	 	VH-Capitalized

Cleveland Clinic Foundation
	 
	 	 	 	 
	 

	 	Remarks:
	 	[CONFIDENTIAL]






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	EP
	 	 	 	Pending	 	PCT	 	03793365.2	 	25-Aug-2003	 	 	 	 	 	 	 	 	 	O'MM	 	895675-210
	JP
	 	 	 	Published	 	PCT	 	2004-531161	 	25-Aug-2003	 	 	 	 	 	SE	 	 	 	O'MM	 	895675-211
	US
	 	 	 	Published	 	ORD	 	10/647971	 	25-Aug-2003	 	 	 	 	 	SE	 	 	 	O'MM	 	895675-007
	WO
	 	 	 	Published	 	ORD	 	US03/26521	 	25-Aug-2003	 	 	 	 	 	SE	 	 	 	O'MM	 	895675-176







 









 







					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 50






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5014
	 	PT-VH	 	 	 	Filed	 	SYSTEM AND METHOD FOR	 	KLINGENSMITH, Jon
	 
	 	 	 	 	 	 	 	DETERMINING A TRANSFER FUNCTION	 	KUBAN, Barry
	 
	 	 	 	 	 	 	 	 	 	KUBAN, Barry
	 
	 	 	 	 	 	 	 	 	 	NAIR, Anuja
	 
	 	 	 	 	 	 	 	 	 	VINCE, D. Geoffrey





               VH-Capitalized

Owner: Cleveland Clinic Foundation



Remarks: [CONFIDENTIAL]




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US

	 	 	 	Published
	 	ORD
	 	10/758477
	 	14-Jan-2004
	 	 	 	 	 	SE	 	 	 	O’MM
	 	895675-195
	WO

	 	 	 	Published
	 	ORD
	 	US04/02860
	 	02-Feb-2004
	 	 	 	 	 	SE	 	 	 	O’MM
	 	895675-196






 









 






					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 51






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	5026

	 	PT-VH
	 	JK
	 	Filed
	 	SYSTEM AND METHOD FOR VASCULAR
	 	KLINGENSMITH, Jon
	 

	 	 	 	 	 	 	 	BORDER DETECTION
	 	KUBAN, Barry
	 

	 	 	 	 	 	 	 	 	 	KUBAN, Barry
	 

	 	 	 	 	 	 	 	 	 	NAIR, Anuja





               VH-Capitalized

Owner:Cleveland Clinic Foundation




Remarks: [CONFIDENTIAL]




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US

	 	 	 	Published
	 	ORD
	 	10/837352
	 	29-Apr-2004
	 	 	 	 	 	SE
	 	 	 	O’MM
	 	895675-198
	US

	 	A
	 	Pending
	 	PRO
	 	60/550620
	 	04-Mar-2004
	 	 	 	 	 	SE
	 	 	 	O’MM
	 	895675-197
	WO

	 	 	 	Published
	 	ORD
	 	05/006159
	 	25-Feb-2005
	 	 	 	 	 	SE
	 	 	 	O’MM
	 	895675-212






 









 






					
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	 	Master List By Case Number
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	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	 

	 	 
	 	 
	 	 
	 	 
	 	 





[CONFIDENTIAL]




	 	 	 
	   Owner:

	    [CONFIDENTIAL]








	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	 

	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 





[CONFIDENTIAL]




 









 








					
	Thursday, April 13, 2006
	 	Master List By Case Number
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	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	 

	 	 
	 	 
	 	 
	 	 
	 	 





[CONFIDENTIAL]




	 	 	 
	   Owner:

	    [CONFIDENTIAL]








	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	 

	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 





[CONFIDENTIAL]




 









 








					
	Thursday, April 13, 2006
	 	Master List By Case Number
	 	Page: 54






	 	 	 	 	 	 	 	 	 	 	 
	Case	 	 	 	 	 	 	 	 	 	 
	Number	 	Division	 	Attorney	 	Disclosure Status	 	Title	 	Inventors
	8002

	 	PT-VH
	 	JK
	 	Filed
	 	LESION ANALYSIS AUTOMATIC PLAQUE
	 	BURGESS, Vincent
	 

	 	 	 	 	 	 	 	CLASSIFICATION
	 	MARGOLIS, Marja P.
	 

	 	 	 	 	 	 	 	 	 	MARGOLIS, Marja P.
	 

	 	 	 	 	 	 	 	 	 	NAIR, Anuja
	 

	 	 	 	 	 	 	 	 	 	VINCE, D. Geoffrey





                VH-Capitalized

Owner:Volcano Corporation




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sub	 	 	 	 	 	 	 	 	 	Patent	 	 	 	Tax	 	Expiration	 	 	 	 
	Country	 	 	 	Status	 	Case	 	Application	 	Filing	 	Number	 	Issue	 	Schedule	 	Date	 	Agent	 	Agent Ref #
	US

	 	 	 	Pending
	 	PRO
	 	 	 	22-Mar-2006
	 	 	 	 	 	SE
	 	 	 	O’MM
	 	895675-225







 









 







Execution Copy




EXHIBIT 2.2.5




CardiOp-B Regulatory Approvals




1. FDA Clearance for CardiOp-B:




	 	 	 
	Application type:

	 	 510(k)
	Classification:

	 	 Class II
	510(K) Number:

	 	 K030139
	Reference:

	 	 21 CFR 892.1600
	Classification Panel:

	 	 90 Radiology
	Classification Name:

	 	 Accessory to System, X-ray, Angiographic
	Device Trade Name:

	 	 The CardiOp-B System
	Device Common Name:

	 	 3D Vessel Analysis System






2. CE Approval for CardiOp-B:




	 	 	 
	Application type:

	 	CE Marking of Conformity
	Classification:

	 	Class II
	Directive:

	 	93/42/EEC
	Conformity Assessment
	 	 
	Procedures:

	 	Annex 3, Section 6
	Certification Agreement:

	 	2073117 dated July 22, 2004
	Certification Notice:

	 	2073117CN dated July 22, 2004






3. Standards:




	 	 	 
	ISO 9001:2000

	 	Quality Systems – Model for Quality Assurance in Design,
Development, Production, Installation and Servicing
	 
	 	 
	ISO 13485:1996

	 	Quality Management Standard for Medical Devices based on

ISO 9001:2000 + some modifications
	 
	 	 
	 

	 	FDA Quality System Regulation (21 CFR 820)






 









 





Execution Copy




EXHIBIT 3.5




Acceptance Criteria



1. CardiOp-B + Interface should be tested to provide full functionality of:





	 	1)	 	CardiOp-B features (according to attached User Manual)
	 
	 	2)	 	Special CardiOp-B + Interface features:






	 	2.1)	 	Co-registration (according to specification)
	 
	 	2.2)	 	Wizard (according to specification)
	 
	 	2.3)	 	Communication (according to communication protocol)




2. In CardiOp-B + Interface we must assure robustness when:





	 	1)	 	Special CardiOp-B + Interface features:






	 	2.1)	 	Co-registration






	 	a.	 	Proximal Distal and Synch bars are out of bounds of
either the VIVUS






model or 3D model – within CardiOp-B + Interface VIVUS tab




	 	b.	 	Proximal Distal and Synch bars are out of bounds of
either the VIVUS






model or 3D model – When switching between CardiOp-B + Interface and

VH applications




	 	2.2)	 	Wizard is misused:






	 	a.	 	User doesn’t follow instructions in given
wizard step
	 
	 	b.	 	User doesn’t follow tries to skip steps
	 
	 	c.	 	User performs the operations while in both
wizard and non-wizard mode.






	 	2.3)	 	Communication (according to comm. protocol)






	 	a.	 	A communication error occurs.
	 
	 	b.	 	Communication is lost
	 
	 	c.	 	Communication is not initiated




3. The S5 implementation should include the following additional tests:





	 	1)	 	Specific attention to 3D display
	 
	 	2)	 	Changes to communication do not affect functionality
	 
	 	3)	 	Compatibility of CardiOp-B + Interface to S5 display (size and position)
	 
	 	4)	 	Archiving




 









 






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EXHIBIT 3.9




Preliminary Development Activity and Efforts for

the S5 Project



On 6th of February, 2006 Volcano and Paieon had a discussion to map out the very
top-level requirements and tasks of this S5 implementation. This project will include not only and
implementation of the CardiOp-B-VH but also some additional features decided as high priority.



This document details these top-level requirements and adds effort estimation and suggested
time-table for the S5 Project, after Paieon evaluation.




Effort Estimation




	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	Feature	 	 	Description	 	 	Effort Estimate	 
	 	 	 	 	 	 	 	(man-months)	 
	 	 	 	 	 	 	 	 	 
	 	Requirements/Documentation

	 	 	 	 	 	[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	 
	 	OpenGL/DirectX

	 	 	OpenGL (S5) and DirectX (CardiOp-B-VH) needs to co-exist on the same platform.
Jon has conducted a short preliminary non-binding test to prove signs of
co-existence, which leads us to believe that this is indeed possible. The 1M will
be dedicated to bullet proving this issue (and not for development).
	 	 	[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	 
	 	Communication

	 	 	Communication is the issue of changes required to the Interface since S5
interface to CardiOp-B-VH is different from IVG. This estimation is based on a
very short discussion between Jon and Sharon.
	 	 	[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	 
	 	Reduce UI to s5 Tab
Match s5 color
scheme

	 	 	Based on the screen shot sent by Volcano. This estimation is the general UI
effort including re-sizing to fit as S5 tab (which is not just a matter of
re-sizing, but probably also a matter of little re-organization of overlay),
match color scheme, z-order issues, etc.
	 	 	[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	 
	 	Archiving

	 	 	Basic solution for Archiving. S5 will instruct CardiOp-B-VH to save it’s data.
CardiOp-B-VH will not save VIVUS data.
	 	 	[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	 
	 	Patient Information

	 	 	Patient Information will be propagated to the S5 application to save the need
from inputting those by the user.
	 	 	[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	 





 









 





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	 	Feature	 	 	Description	 	 	Effort Estimate	 
	 	 	 	 	 	 	 	(man-months)	 
	 	 	 	 	 	 	 	 	 
	 	Uncertainty

OpenGL

Communication

UI (including re-sizing)

Memory Management

	 	 	Several issues are either not investigated enough or
not specified and pose certain risk on efforts.
OpenGL/DirectX issue could develop to a
time-consuming issue (either as proof or as
implementation). The communication changes are not
specified enough. All UI efforts estimated very
modestly and we have a feeling that detailed
specification will bring out small – but numerous –
issues (same dynamic happened in the Wizard).
	 	 	[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	
 
	 	 

	 	 	Special Memory Management will be required from the
CardiOp-B-VH if current memory utilization (2GB at
maximum and 1GB in average) is too high. Possible
solutions range from brute-force limitations to
special caching handling.	 	 	 	 
	 	 	 	 	 	 	 	 	
 
	 	 

	 	 	There is no requirement from Volcano for special
handling of processing power.	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	 

	 	 	 	 	 	Implementation

Total =

[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	 
	 	Project Management

	 	 	 	 	 	[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	 
	 	QA

	 	 	 	 	 	[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	 
	 	Integration

	 	 	 	 	 	[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	 
	 	TOTAL

	 	 	 	 	 	[CONFIDENTIAL]	 
	 	 	 	 	 	 	 	 	 





 









 







Execution Copy



EXHIBIT 5.3.1




Demonstration
Units  /  Equipment Loans



CardiOp-B and

Interfaces




	 	 	 	 	 
	Purpose	 	Quantity	 	Remarks
	
 

	Testing and Demonstration
Units

	 	[CONFIDENTIAL]
	 	For in-factory testing and
demonstration and shows and
conferences
	 
	 	 	 	 
	Distributors

	 	[CONFIDENTIAL]
	 	To be requested in accordance with reasonable marketing needs
	 
	 	 	 	 
	Sales Reps.

	 	[CONFIDENTIAL]
	 	To be requested in accordance with reasonable marketing needs
	
 











All Hardware should be according to Compatibility Requirements in Exhibit 5.4.3



Volcano should provide Paieon with the MAC address for all relevant hardware.



Volcano shall ensure that all of Volcano’s distributors, representatives, agents and subcontractors
who are not Volcano’s employees and receive a Demonstration Unit, will (i) be bound by similar
confidentiality obligations as those set forth in this Agreement and (ii) use the Demonstration
Units only as permitted in this Agreement.



Volcano will provide Paieon with the contact information of any representative, agent and/or
subcontractor who is not a Volcano employee and who receives a Demonstration Unit.




IVG Consoles and

S5 Consoles




	 	 	 	 	 
	Purpose	 	Quantity	 	Remarks
	Testing and
Demonstration Units

	 	[CONFIDENTIAL]
	 	To facilitate product
development and for
testing product
functionality at
Paieon’s offices.






 









 





Execution Copy




EXHIBIT 5.4.1




Installation Details



Installation date:




Site Name:

Site Address:

Installed in: (lab number...)

C-ARM model (manufacturer, type, sw version...):



Details and identification of VIVUS platform:




Licensed Software version:

HASP Serial Number:

HASP ID Number:

MAC Address:




 









 





Execution Copy



EXHIBIT 5.4.2




Paieon’s Terms of Maintenance



1. Support




     (a) Support. Pursuant to the terms of the software development and license agreement between
Volcano Corporation and Paieon, Inc. (the “Agreement”) and this maintenance agreement, Paieon will
provide the support services set forth herein (capitalized terms used herein and not otherwise
defined herein shall have the respective meanings set forth in the Agreement). Paieon recognizes
its responsibility to identify and prevent repeat anomalies and problems by diligently and
consistently providing high quality, responsive support and maintenance services and updates and
upgrades. Paieon shall provide Volcano, on a periodic basis no less often than quarterly, a status
report of all known anomalies and work arounds then in place.



     (b) Telephone Support Services. Paieon will provide to Volcano with 24 hour access to Paieon
Medical Ltd.’s response center in Israel. This center will be manned by Paieon personnel from 9:00
am until 5:00 p.m. (Israel time), Sunday through Thursday, excluding Israeli national holidays
(“Business Hours”). At all other hours, the response center will forward the calls to an answering
service that will receive such calls. In addition to, and simultaneously with reporting program
problems via telephone, Volcano shall complete and send via electronic mail a ‘Support Request
Form’ in the form attached hereto. The ‘Support Request Form’ to be completed and sent shall depend
on the nature of the program problem – ‘Safety Relevant Bugs’ or ‘Non Safety Relevant Bugs’ (as
defined below).



     Paieon Medical Ltd’s Support Center contact information:


Tel: +972-3-9150000

e-mail: Support@paieon.com




     (c) Technical Coordinator. Volcano will provide Paieon with the name, address and telephone
number of it’s technical coordinator and alternate. Volcano’s technical coordinator and
alternate(s) must have a working knowledge of the CardiOp-B and the Interfaces. Only Volcano’s
technical coordinator or alternate will contact Paieon for support services. The initial technical
coordinator and alternate are, and their Contact information is,



	 	 	 	 	 	 	 	 	 	 	 
	Mr./Ms.
	 	 	 	 	 	 	 	Mr./Ms. 	 	 
	 

	 	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 




Volcano will notify Paieon of any changes in the name, address or telephone number of the technical
coordinator and alternate.




     (d) General Limitations. Paieon’s services hereunder shall not extend to any CardiOp-B or
Interfaces or components thereof to the extent services are required because the Products have been
subject to misuse, accident or improper or unauthorized installation, maintenance, modification,
repair or alteration by Volcano, an End-User or their respective agents or customers.



     Paieon reserves the right to decline to support any CardiOp-B + Interfaces that had not been
on continuous support or had been substantially modified by Volcano, an End-User or a third party
without Paieon’s prior written consent. If Volcano will propose that Paieon will



1









 





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support such CardiOp-B+Interfaces and Paieon decides to support such CardiOp-B+Interfaces, Volcano
will pay mutually agreed charges not to exceed Paieon’s current standard charges to restore the
CardiOp-B+Interfaces to a condition reasonably acceptable to Paieon prior to Paieon’s starting
support service.




     (e) Cancellation. Paieon may cancel support services if Volcano fails to pay for the services
when due and such failure continues for a period of fifteen (15) business days after written notice
from Paieon and/or in the event that the Agreement is terminated for any reason; subject to Section
5.4.2 of the Agreement. In addition to the above, any termination of a license shall automatically
terminate Paieon’s support undertaking towards the license so terminated.


2. Maintenance




     (a) Maintenance. Maintenance of the programs comprising the CardiOp-B+Interfaces shall consist
of the correction of defects in such programs which cause the CardiOp-B+Interfaces not to perform
in accordance with their functional specifications and documentation provided by Paieon.



     (b) Program Problems. Paieon will provide support described in this subsection after Volcano
reports a program problem to the response center. Paieon’s obligations to provide support are to
use reasonable and diligent efforts to correct any program defects or provide work-around
solutions. As needed and applicable, Paieon support will consist of providing Volcano with
technical advice or shipping Volcano any replacement or modified CardiOp-B+Interfaces.


All support call requests will fall into one of the following categories:




     Safety Relevant Bugs (“SRB”) — Requests for support related to a particular customer
installation or pending customer installation, whereby Paieon support is deemed by Volcano to be
required to resolve or prevent a Safety Incident. A “Safety Incident” is defined as an incident
that poses immediate safety threats to the patient or the physician.



     Non-Safety Relevant Bugs (“Non-SRB”) — All other requests for issues, such as no critical
errors, enhancement inquiries, etc., that are not required to resolve or prevent a Safety Incident.



     Volcano’s technical coordinator(s) will inform the response center whether, in its opinion,
the call is of an SRB or Non-SRB nature. The final classification of a bug into SRB or Non-SRB will
be mutually agreed between Paieon and Volcano.



     Response: Calls of an SRB nature will be returned by a Paieon engineer by the close of the
next business day. Calls of a Non-SRB nature will be returned by the close of the third business
day and will be treated, to the extent required, at Paieon’s discretion, in the next coming
upgrade. Software upgrade will be released at least once a year.



     Problem Resolution: Time frames for resolution of support call issues will be jointly
determined by Paieon and the Volcano or End-User engineering personnel, and may range from a
repair or modification to the software of a temporary nature, to inclusion of changes in the next
general release.


3. Limitations.




     (a) To enable Paieon to respond to certain CardiOp-B+Interfaces problems, Paieon may need
Volcano to furnish it with test case data and sufficient documentation to allow re-creation of the
problem.



2









 





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     (b) CardiOp-B+Interfaces support services do not include: (i) service to the extent resulting
from: (A) neglect, misuse or accidental damage of the CardiOp-B+Interfaces; (B) modification,
corrections or workarounds performed by a person not authorized by Paieon; and (C) the use of the
CardiOp-B+Interfaces with computer hardware, supplies or materials not meeting Paieon’s
requirements; (ii) the support of programs developed by Volcano; or (iii) the support of third
party or other products not regularly provided or supported by Paieon.



     (c) Paieon’s support obligations hereunder apply only to the current CardiOp-B release and
releases within the year prior to such release. Upon receipt of a new release, Volcano shall advise
Paieon of the releases for which support is required.



     (d) Paieon shall provide support services to all CardiOp-B+Interfaces systems that run on the
latest operating system version and on the prior version that were released to Volcano. In addition
to the above said, Paieon shall provide Volcano with updates and upgrades as part of the Support
Services for as long as the particular CardiOp-B(VH) system intended to be upgraded or updated is
compatible with the PC hardware and/or operating system version of the upgrade or update. Volcano
shall be responsible for providing the appropriate hardware.


4. Spare Parts




     The following material is available as Spare Parts:



	 	 	 	 	 	 
	 	Description	 	 	Price	 
	 	User
Manual	 	$	160	 
	 	Maintenance
Manual	 	$	75	 
	 	Quick
Guide	 	$	75	 
	 	Dongle	 	$	85	 
	 	 	 	 	 	 






	 	(a)	 	The prices for Dongles are valid for exchange against a returned key with an
equivalent valid license. The Dongle will be programmed for use with the software
serial number identical to the returned hardware key
	 
	 	(b)	 	The purchase order for Spare Parts must indicate the description and
required version number and in case of a Dongle also the serial number of the
software
	 
	 	(c)	 	Price changes for subsequent Contractual Years will be discussed and agreed
on in writing and will relate to changes in costs of the used raw materials, costs
of handling and cost of maintenance and developments of upgrades.






For the avoidance of doubt, the above shall include a soft copy of the User Manual,
Maintenance Manual and Quick Guide and Volcano shall be entitled to make hard copies
thereof provided it does not add to, delete from or otherwise modify or alter the text
and/or images thereof.


5. Support for SRB





Paieon will provide bug fix support for SRB issues.



3









 





Execution Copy



Support Request Form




	 	 	 
	 	Safety Related (SRB)

Yes / No
	 
	 	Priority

Critical / Normal / Low
	 
	 	Date & Time of request

Date:

Time:
	 
	 	Back Ground Information:

Software Certificate no.:

Purchase date:

Warranty Period: In- Warranty Period / Expired

Support & Maintenance Agreement dated:
	 
	 	Hospital
Name (if available)


	 
	 	Physician
or Medical Personal involved (if available)


	 
	 	*** Requestor Contact Information:

Name of contact person:

Position:

Phone number:

E-mail address:

	 
	 	CardiOp-B(VH) Product Information

Version Number:

Revision Number:

	 
	 	System Information (fill in the available information, other info may be filled in later if required):

CPU:

Memory:

Hard Disk Size:

Hard Disk Type:

Video Adapter:

Network Card:
	 
	 	Request Type

Bug / inquiry / enhancement
	 
	 	Request Subject

Please provide a short title of the enhancement or problem.



	 
	 	Request Details

Please provide a detailed description of the enhancement or problem including
steps how to reproduce it.



	 
	 	Frequency

Once / Occasionally / Every Time / Not Applicable
	 
	 	Attachments

Please provide any relevant Cases, SDF files, Screen Shots and log files.
	 
	 






1









 





Execution Copy




EXHIBIT 5.4.3




Compatibility Requirements




Hardware and Software of CardiOp-B(VH) System




1. PC and Hardware Requirements (for DICOM Angiography system):




	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	Item	 	 	Minimal Requirements	 	 	Recommended Configuration	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	CPU

	 	 	P-4, 2.5 GHz
	 	 	P-4, 3.0 GHz
	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	Chipset

	 	 	865	 	 	 	 	915	 	 	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	FSB

	 	 	Dual Channel 400 MHz
	 	 	Dual Channel 533 MHz
	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	RAM

	 	 	1 GB fast memory
	 	 	4 GB fast memory
	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	HDD

	 	 	SCSI (36 GB) + ATA 7200 rpm,

80 GB — or

S-ATA (120 GB)
	 	 	SCSI (36 GB) + ATA 7200 rpm,

120 GB — or

S-ATA (120 GB)
	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	Supported

Graphic Boards

	 	 	•     ATI RADEON X600, 128 (PCI
Express)
	 	 	•     ATI RADEON X600, 128 (PCI
Express)
	 
	 	 

	 	 	•     ATI RADEON 9200 PRO 128
MB (AGP)
	 	 	•     ATI RADEON 9200 PRO 128 MB (AGP)
	 
	 	 

	 	 	•     ATI RADEON 9200 SE 128 MB
(AGP)
	 	 	•     ATI RADEON 9200 SE 128 MB
(AGP)
	 
	 	 

	 	 	•     ATI RADEON 9250 128 MB
(AGP)
	 	 	•     ATI RADEON 9250 128 MB
(AGP)
	 
	 	 

	 	 	•     nVIDIA Quadro4 980XGL 128
MB (AGP)
	 	 	•     nVIDIA Quadro4 980XGL 128
MB (AGP)
	 
	 	 

	 	 	•     nVIDIA Quadro Fx
3400/4400 256 MB
(PCI Express)
	 	 	•     nVIDIA Quadro Fx
3400/4400 256 MB
(PCI Express)
	 
	 	 

	 	 	•     nVIDIA Quadro FX540 128 MB
(PCI Express)
	 	 	•     nVIDIA Quadro FX540 128 MB
(PCI Express)
	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	Ethernet card

	 	 	Std 10 / 100 Mb
	 	 	1 Gb
	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	KB

	 	 	Std
	 	 	Std
	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	Mouse

	 	 	Std Optical mouse
	 	 	Std Optical mouse
	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	CDR
— DVD / CDR

	 	 	Std
	 	 	Std CDR or DVD writer
	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	HUB (Optional)

	 	 	Simple (“stupid”, not configurable) HUB or Std
	 	 	Simple (“stupid”, not configurable) HUB or Std
	 
	 	 

	 	 	Ethernet port to connect to C-arm console computer
	 	 	Ethernet port to connect to C-arm console computer
	 
	 	 	 	 	 	 	 	 	 
	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	OS

	 	 	Windows 2000

WinXP Pro SP-2
	 	 	Windows 2000

WinXP Pro SP-2
	 
	 	 	 	 	 	 	 	 	 








 




			
	*	 	Graphic board should NOT be nVidia GeForce.
	 
	**	 	2nd monitor is recommended for on line systems.





2.
Master Copy: CardiOp-B
version                (shall be the approved version).





 









 





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EXHIBIT 6.1




License Fees



The price per End User License will be either:





	(1)	 	License Fee for a Perpetual License: License fee payments for a perpetual license to
End-Users shall be made in accordance with the table below. By way of clarification, as set
forth in Section 5.4.2 of the Agreement, in the event that an End-User, at such End-User’s
sole discretion, elects to purchase an Annual Upgrade, Volcano shall at the end of the
Warranty Period pay to Paieon [CONFIDENTIAL] of the license fee originally paid by
Volcano to Paieon in respect of the CardiOp-B licensed to such End-User as part of the
Product.





	 	 	 
	Calendar Year Quantity	 	[CONFIDENTIAL]
	Price per Perpetual
End-User License	 	[CONFIDENTIAL]
	 
	 	 
	No. of Perpetual
End-User Licenses	 	[CONFIDENTIAL]
	 	 	 
	Accumulated Total
of Perpetual End-
User Licenses
Granted during a
Calendar Year	 	[CONFIDENTIAL]







	 	 	To determine the cost of a Perpetual End User License for the period from the Effective
Date through the end of the current calendar year (i.e. December 31, 2006), the Calendar
Year Quantities specified in the table above shall be prorated. By way of example, if the
Effective Date of the Agreement is May 1, 2006, four (4) months of 2006 have elapsed and the
number of Perpetual End-User Licenses in the range of [CONFIDENTIAL] licenses
sold shall be reduced by one-third such that the [CONFIDENTIAL] price of a
Perpetual End-User License shall be applicable for [CONFIDENTIAL] Perpetual
End-User Licenses as opposed to [CONFIDENTIAL] .
	 
	 	 	For purposes of calculating the accumulated total of perpetual End-User Licenses granted
during a calendar year to determine the quantity discount in the table above, each such
first year Annual License granted as discussed in Paragraph 2 of this Exhibit 6.1 shall be
counted as [CONFIDENTIAL] of a perpetual license, and shall accumulate and be
credited as units of perpetual End User Licenses granted during such calendar year.
	 
	(2)	 	License Fee for an Annual License: For the purposes of this Exhibit 6.1, an “Annual License”
shall mean a one-year renewable license to the CardiOp-B as part of the Product. For each
Annual License, Volcano shall pay Paieon an annual payment of [CONFIDENTIAL] for
the use of the CardiOp-B as part of the Product throughout such 12-month period. For the
avoidance of doubt, should an End User desire to purchase a perpetual license, Volcano will
purchase such license from Paieon and will not purchase an Annual License for such End User.
	 
	 	 	At the end of the first one-year Annual License period, if:






     (i) such End-User elects to renew the Annual License, Volcano will pay Paieon an
additional annual payment of [CONFIDENTIAL] for the use of the CardiOp-B as part
of the Product throughout the second 12-month period; or




 









 






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     (ii) such End-User elects to purchase a perpetual license, Volcano will pay Paieon a
license fee at a [CONFIDENTIAL] off the license fee payment specified in
Paragraph (1) above; or



     (iii) such End-User elects not to renew the Annual License or purchase a perpetual
license, such End-User shall cease use of the CardiOp-B and Volcano shall confirm to Paieon
that End-User has removed the CardiOp-B from its systems and either destroyed or returned to
Volcano all copies of the CardiOp-B, the Interfaces and Documentation.



For each End-User that elects to renew an Annual License, and:




     (i) at the end of the second Annual License period elects to purchase a perpetual
license, Volcano will pay Paieon a license fee at
a [CONFIDENTIAL]
from the
license fee payment specified in Paragraph (1) above; and




     (ii) at the end of the third Annual License period elects to purchase a perpetual
license, Volcano will pay Paieon a license fee at a
[CONFIDENTIAL]
from the
license fee payment specified in Paragraph (1) above.



 









 





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EXHIBIT 6.2




Access Information; Certificates




Dongle Files:



Every specific installation will be configured per a specific VIVUS PC Platform. The running of the
CardiOp-B application will require the plugging of a Dongle configured per a specific VIVUS PC
Platform as per the following procedure:



Volcano will receive all Dongles beforehand. Volcano will also receive a Master Copy software CD.
This Master Copy enables the installation of the CardiOp-B and Interfaces, but the application will
not run until the following is done:



* When a specific activation is needed, Volcano will send Paieon VIVUS PC Platform information (MAC
address).



* Paieon will prepare a file (the “Dongle File”) and will send it to Volcano.



* Volcano will need to upload the Dongle File to the Dongle (using a utility supplied by Paieon).



* The application will run (only if the Dongle is plugged). The Dongle will not run the application
on another VIVUS PC Platform.



* Should Volcano need to switch the installation to another VIVUS PC Platform, this process should
be repeated.




Certificate:



For each End-User License for which a Dongle File is provided, Paieon shall issue to Volcano a
certificate setting forth the following information:




License Certificate




	 	 	 	 	 	 
	 	 	 	 	 	 
	 	Licensee:	 	Agreement ID:	 	 
	 	 
	 	 	 	 
	 	Company:
	 	 	 	 
	 	 
	 	 	 	 
	 	Address:
	 	 	 	 
	 	 
	 	 	 	 
	 	Country:
	 	 	 	 
	 	 
	 	 	 	 
	 	Phone:
	 	 	 	 
	 	 
	 	 	 	 
	 	Toll free:
	 	 	 	 
	 	 
	 	 	 	 
	 	Fax:
	 	 	 	 
	 	 	 	 	 	 
	 	 
	 	 	 	 
	 	Date of Issue:
	 	 	 	 
	 	 
	 	 	 	 
	 	SW Version /PN:
	 	 	 	 
	 	 
	 	 	 	 
	 	Hasps SN:
	 	 	 	 
	 	 
	 	 	 	 
	 	Hasps ID Number:
	 	 	 	 






 









 





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EXHIBIT 16.1




Planned Future Development Activities



A. Fusion of multiple VIVUS frames onto the 3D rendering. This phase II software could be
implemented in different levels of complexity (those could be defined as several phases within
phase II) ranging from simple stacking of VIVUS frames without any geometrical or distortion
corrections up to an advanced solution which does include geometrical and distortion corrections
(for example, circumferential orientation matching). This will be mutually decided between parties.



B. VIVUS catheter position tracking allowing VIVUS image synchronization to 3D and 2D angio images
without need for automated pull-back of VIVUS catheter.