ex104.htm


    Exhibit
10.4

    
 

    PATENT,
TRADEMARK

    AND COPYRIGHT SECURITY
AGREEMENT

    


    THIS PATENT, TRADEMARK AND COPYRIGHT
SECURITY AGREEMENT (this “Agreement”) is entered into as of this 9th day of
January 2009, by and among URIGEN PHARMACEUTICALS, INC., a Delaware corporation,
and URIGEN N.A., INC., a Delaware corporation, each with its principal place of
business at 27 Maiden Lane, Suite 595, San Francisco, California, 94108 (jointly
and severally, the “Borrower”), and PLATINUM-MONTAUR LIFE SCIENCES, LLC, as
collateral agent (the “Agent”) for the investors identified in the below
referenced Purchase Agreement (collectively, together with their successors and
assigns, the “Lenders”).

    


    WHEREAS, Borrower and the
Lenders are parties to a certain Note Purchase Agreement, dated as of January 9,
2009 (as amended, restated, supplemented or extended from time to time, the
“Purchase Agreement”), and a Security Agreement, dated as of January 9, 2009
(the “Security Agreement”), which provide for, among other things: (i) the
Lenders to extend certain loans to or for the account of the Borrower; (ii) the
grant by the Borrower to the Lenders of a security interest in all of the
Borrower’s assets, including, without limitation, its patents, patent
applications, trademarks, trademark applications, goodwill, service marks, trade
names, trade styles, copyrights, copyright applications, mask works,
trade-secrets information, and other proprietary rights, together with all
additions, accessions, accessories, amendments, attachments, modifications,
substitutions, and replacements, proceeds and products of any of the foregoing,
as set forth in the Purchase Agreement and the other Transaction Documents
(capitalized terms used herein and not otherwise defined have the respective
meanings given in the Purchase Agreement); and (iii) the appointment of the
Agent as collateral agent, for the benefit of the Lenders, for purpose of this
Agreement and the Security Agreement.

    


    NOW, THEREFORE, in
consideration of the foregoing premises and the mutual covenants and agreements
contained, and for other good and valuable consideration (the receipt and
sufficiency of which are hereby acknowledged), the Borrower and the Agent, for
the benefit of the Lenders, agree as follows:

    


    1.           Security Interest in
Patents, Trademarks and Copyrights. To secure the complete and timely
satisfaction of all of Borrower’s “Obligations” (as that term is defined in the
Security Agreement) to the Lenders, the Borrower hereby grants and conveys to
the Agent, for the benefit of the Lenders, a security interest (having priority
over all other security interests) with power of sale, to the extent permitted
by law, in all of its now owned or existing, and hereafter acquired or
arising:

    


    
      	
               
      

            	
              (a)

            	
              patents,
      patent applications, including, without limitation, any invention and
      improvement to a patent or patent application, including without
      limitation those patents and patent applications listed on Schedule A
      (being sometimes referred to individually and/or collectively, the
      “Patents”);

            


    

     

    
      
         

      

      
        1

        
          

        

      

      
         

      

    

    
 

    
      	
               
      

            	
              (b)

            	
              trademarks,
      registered trademarks and trademark applications, trade names, trade
      styles, service marks, registered service marks and service mark
      applications including, without limitation, the registered trademarks,
      trademark applications, registered service marks and service mark
      applications listed on Schedule B and
      (i) all renewals thereof, (ii) all accounts receivable, income, royalties,
      damages and payments now and hereafter due and/or payable with respect
      thereto, including, without limitation, payments under all licenses
      entered into in connection therewith and damages and payments for past,
      present or future infringements and dilutions thereof, and (iii) the right
      to sue for past, present and future infringements and dilutions thereof,
      and (iv) all of the Borrower’s rights corresponding thereto throughout the
      world (all of the foregoing registered trademarks, trademark applications,
      trade names, trade styles, registered service marks and service mark
      applications, together with the items described in clauses (i)-(iv) in
      this Section 1(b), being sometimes hereinafter individually and/or
      collectively referred to as the
“Trademarks”);

            


    

    


    
      	
               
      

            	
              (c)

            	
              the
      goodwill of Borrower’s business connected with and symbolized by the
      Trademarks; and

            


    

    


    
      	
               
      

            	
              (d)

            	
              copyrights,
      and copyright applications, including without limitation, those copyrights
      listed in Schedule C
      (being sometimes referred to individually and/or collectively as the
      “Copyrights”);

            


    

    


    together
with all additions, accessions, accessories, amendments, attachments,
modifications, substitutions, and replacements, proceeds and products of the
foregoing.

    


    2.           Recording of Patents and
Trademarks. Borrower represents and warrants that (1) the patents and
patent applications listed in Schedule A, and (2) the trademark and trademark
applications described in Schedule B, have each been duly recorded in the U.S.
Patent and Trademark Office (the “PTO”); and that no other patents, patent
applications, trademarks, or trademark applications have been filed or recorded
with the PTO in which the Borrower has an interest.

    


    3.           Recording of
Copyrights.  Borrower represents and warrants that the
copyright and copyright applications described in Schedule C have been duly
recorded in the U.S. Copyright Office, and that no other copyright, and
copyright applications have been recorded in the U.S. Copyright Office, in which
the Borrower has an interest.

    


    4.           Restrictions on Future
Agreements.  Borrower will not, without the Agent’s prior
written consent, enter into any agreement, including, without limitation, any
license agreement, that is inconsistent with this Agreement, and Borrower
further agrees that it will not take any action, and will use reasonable efforts
not to knowingly permit any action to be taken by others subject to its control,
including licensees, or knowingly fail to take any action, which would affect
the validity or enforcement of the rights transferred to the Agent, for the
benefit of the Lenders, under this Agreement or the rights associated with those
Patents, Trademarks and/or Copyrights which are in Borrower’s reasonable
business judgment, necessary or desirable in the operation of Borrower’s
business.

     

    
      
         

      

      
        2

        
          

        

      

      
         

      

    

    


    5.           New Patents, Trademarks and
Copyrights.  Borrower represents and warrants that the Patents,
Trademarks, and Copyrights listed on Schedules A, B, and C, include all of the
patents, patent applications, trademark registrations, trademark applications,
service marks registrations, service mark applications, registered copyrights
and copyright applications, now owned or held by Borrower.  If, prior
to the termination of this Agreement, Borrower shall (i) create or obtain rights
to any new patents, trademarks, trademark registrations, trademark applications,
trade names, trade styles, service marks, service marks registrations, or
service mark applications, or (ii) become entitled to the benefit of any patent,
trademark, trademark registration, trademark application, trade name, trade
style, service mark, service mark registration, service mark application, the
provisions of Section 1 above shall automatically apply thereto and Borrower
shall give the Agent prompt written notice thereof.  Borrower hereby
authorizes the Agent to modify this Agreement by (a) amending Schedules A, B,
and/or C, as the case may be, to include any future patents, trademark
registrations, trademark applications, service mark registrations, service mark
applications, registered copyrights and copyright applications that are Patents,
Trademarks or Copyrights under Section 1 above, or under this Section 5 (whether
or not any such notice from Borrower has been sent or received), and (b) filing,
in addition to and not in substitution for this Agreement, a supplement or
addendum to this Agreement containing on Schedule B therein, as the case may be,
such registered trademarks, trademark applications, service marks, registered
service marks and  service mark applications that are Trademarks under
Section 1 above or this Section 5 and to take any action the Agent otherwise
deems appropriate to perfect or maintain the rights and interest of the Agent,
for the benefit of the Lender, under this Agreement with respect to such
Patents, Trademarks and Copyrights.

    


    6.           Nature and Continuation of
Security Interest; Notice to Third Parties. This Agreement has the effect
of giving third parties notice of the Agent’s Security Interest in Borrower’s
Patents, Trademarks and Copyrights.  This Agreement is made for
collateral security purposes only.  This Agreement shall create a
continuing security interest in the Patents, Trademarks and Copyrights and shall
remain in full force and effect until the liabilities and Obligations of the
Borrower to the Lenders have been paid in full, including all obligations under
the Purchase Agreement and the Transaction Documents (as defined in the Purchase
Agreement).

    


    7.           Right to Inspect;
Assignments and Security Interests.  The Agent shall have the
right, at any reasonable time upon prior written request and from time to time,
to inspect Borrower’s premises and to examine Borrower’s books, records and
operations relating to the Patents and the Trademarks, including, without
limitation, Borrower’s quality control processes; provided, that in conducting
such inspections and examinations, the Agent shall use reasonable efforts not to
disturb unnecessarily the conduct of Borrower’s ordinary business
operations.  From and after the occurrence of an event of default,
under the Purchase Agreement, or any other Transaction Documents (“Event of
Default”), Borrower agrees that the Agent, or a conservator appointed by the
Agent, shall have the right to take any action to renew or to apply for
registration of any Trademarks as the Agent or said conservator, on its sole
judgment, may deem necessary or desirable in connection with the enforcement of
the Agent’s rights hereunder.  Borrower agrees (i) except in
accordance with Borrower’s reasonable business judgment, not to sell or assign
its respective interests in the Patents, Trademarks and/or Copyrights without
the prior written consent of the Agent and the holders of a majority in
principal the amount of the Notes (as defined in the Purchase Agreement) and
(ii) to maintain the quality of any and all products in connection with which
the Trademarks are used, consistent with the quality of said products as of the
date hereof.

     

    
      
         

      

      
        3

        
          

        

      

      
         

      

    

    


    8.           Duties of
Borrower.  Borrower shall have the duty to (i) prosecute
diligently any patent application, or trademark application or service mark
application that is part of the Trademarks pending as of the date hereof or
thereafter until the termination of this Agreement, and (ii) preserve and
maintain all of Borrower’s rights in the patents, patent applications, trademark
applications, service mark applications and trademark and service mark
registrations that are part of the Patents and Trademarks.  Any
expenses incurred in connection with the foregoing shall be borne by
Borrower.  Borrower shall not, without thirty (30) days prior written
notice to the Agent, abandon any trademark or service mark that is the subject
of a registered trademark, service mark or application therefor and which, is or
shall be necessary or economically desirable in the operation of the Borrower’s
business.  The Agent shall not have any duty with respect to the
Patents, Trademarks and/or Copyrights.  Without limiting the
generality of the foregoing, the Agent shall not be under any obligation to take
any steps necessary to preserve rights in the Patents, Trademarks and/or
Copyrights against any other parties, but may do so at its option during the
continuance of an Event of Default, and all expenses incurred in connection
therewith shall be for the sole account of Borrower and added to the Obligations
and liabilities secured hereby, and by the Transaction Documents.

    


    9.           Agent’s Right to
Sue.  Upon the occurrence and during the continuance of any
Event of Default, the Agent shall have the right, for the benefit of the
Lenders, to exercise all rights and remedies available at law or in
equity.  From and after the occurrence and during the continuance of
an Event of Default, the Agent shall have the right, but shall not be obligated,
to bring suit or take any other action to enforce the Patents, Trademarks and
Copyrights and, if the Agent shall commence any such suit or take any such
action, Borrower shall, at the request of the Agent, do any and all reasonable
lawful acts and execute any and all proper documents reasonably required by the
Agent in aid of such enforcement.  Borrower shall, upon demand,
promptly reimburse and indemnify the Agent for all reasonable out-of-pocket
costs and expenses incurred by the Agent in the exercise of its rights under
this Section 9 (including, without limitation, all attorneys’
fees).  If, for any reason whatsoever, the Agent is not reimbursed
with respect to the costs and expenses referred to in the preceding sentence,
such costs and expenses shall be added to the Obligations secured
hereby.

    


    10.           Waivers.  The
Borrower waives to the extent permitted by applicable law presentment, demand,
notice, protest, notice of acceptance of this Agreement, notice of any loans
made, credit or other extensions granted, collateral received or delivered or
any other action taken in reliance hereon and all other demands and notices of
any description, except for such demands and notices as are expressly required
to be provided to the Borrower under this Agreement or any other document
evidencing the Obligations or the liabilities under the Transaction
Documents.  With respect to both the Obligations and the Collateral,
the Borrower assents to any extension or postponement of the time of payment or
any other forgiveness or indulgence, to any substitution, exchange or release of
Collateral, to the addition or release of any party or person primarily or
secondarily liable, to the acceptance of partial payment thereon and the
settlement, compromise or adjustment of any thereof, all in such manner and at
such time or times as the Agent may deem advisable.  The Agent may
exercise its rights with respect to the Collateral without resorting, or regard,
to other collateral or sources of reimbursement for Obligations.  The
Agent shall not be deemed to have waived any of its rights with respect to the
Obligations or the Collateral unless such waiver is in writing and signed by the
Agent.  No delay or omission on the part of the Agent in exercising
any right shall operate as a waiver of such right or any other
right.  A waiver on any one occasion shall not bar or waive the
exercise of any right on any future occasion.  All rights and remedies
of the Agent in the Obligations or the Collateral, whether evidenced hereby or
by any other instrument or papers, are cumulative and not exclusive of any
remedies provided by law or any other agreement, and may be exercised separately
or concurrently.

     

    
      
         

      

      
        4

        
          

        

      

      
         

      

    

    


    11.           Successors and
Assigns. This Agreement shall be binding upon the Borrower, its
respective successors and permitted assigns, and shall inure to the benefit of
and be enforceable by the Agent and its successors and
assigns.  Without limiting the generality of the foregoing sentence,
the Agent may assign or otherwise transfer any agreement or any note held by it
evidencing, securing or otherwise executed in connection with the Obligations,
or sell participations in any interest therein, to any other person or
entity.

    


    12.           General;
Term.

    


    (a)           This
Agreement may not be amended or modified except by a writing signed by the
Borrower and the Agent, nor may the Borrower assign any of its rights
hereunder.  This Agreement and the terms, covenants and conditions
hereof shall be construed in accordance with, and governed by, the laws of the
State of New York (without giving effect to any conflicts of law provisions
contained therein).  In the event that any Collateral stands in the
name of the Borrower and another or others jointly, as between the Agent and the
Borrower, the Agent may deal with the same for all purposes as if it belonged to
or stood in the name of the Borrower alone.

    


    (b)           This
Agreement and the security interests granted herein shall terminate on the date
on which all payments under the Notes (as defined in the Purchase Agreement)
have been indefeasibly paid or satisfied in full (including as a result of the
conversion in full of the Notes) and all other obligations have been paid or
discharged (other than contingent indemnification obligations).

     

    
      
         

      

      
        5

        
          

        

      

      
         

      

    

    


    13.           WAIVER OF JURY TRIAL;
VENUE.

    


    THE
BORROWER HEREBY WAIVES TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT
TO, IN CONNECTION WITH OR, ARISING OUT OF:  (A) THIS AGREEMENT OR ANY
OTHER INSTRUMENT OR DOCUMENT DELIVERED IN CONNECTION HEREWITH; (B) THE VALIDITY,
INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF; OR (C) ANY OTHER CLAIM OR
DISPUTE HOWEVER ARISING BETWEEN THE BORROWER AND THE LENDERS OR THE AGENT IN
RESPECT OF THIS AGREEMENT.

    


    THE
BORROWER AGREES THAT ANY SUIT FOR THE ENFORCEMENT OF THE OBLIGATIONS, ARISING
OUT OF OR IN ANY MANNER RELATING TO THIS AGREEMENT OR ANY TRANSACTION RELATING
TO ANY TRANSACTION DOCUMENT MAY BE BROUGHT IN THE COURTS OF THE STATE OF NEW
YORK IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING THEREIN AND CONSENTS
TO THE NON-EXCLUSIVE JURISDICTION OF SUCH COURT AND TO SERVICE OF PROCESS IN ANY
SUCH SUIT BEING MADE UPON THE BORROWER BY MAIL AT THE ADDRESS SPECIFIED IN THE
PURCHASE AGREEMENT. THE BORROWER HEREBY WAIVES ANY OBJECTION THAT IT MAY NOW OR
HEREAFTER HAVE TO THE VENUE OF ANY SUCH SUIT OR ANY SUCH COURT OR THAT SUCH SUIT
WAS BROUGHT IN AN INCONVENIENT COURT.  THE BORROWER SHALL NOT BE
ENTITLED IN ANY SUCH ACTION OR PROCEEDING TO ASSERT ANY DEFENSE GIVEN OR ALLOWED
UNDER THE LAWS OF ANY STATE OTHER THAN THE STATE OF NEW YORK UNLESS SUCH DEFENSE
IS ALSO GIVEN OR ALLOWED BY THE LAWS OF THE STATE OF NEW
YORK.  NOTHING IN THIS SECTION SHALL AFFECT OR IMPAIR IN ANY MANNER OR
TO ANY EXTENT THE RIGHT OF THE AGENT TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE
PROCEED AGAINST THE BORROWER IN ANY JURISDICTION IN WHICH ANY COLLATERAL IS
LOCATED, THE BORROWER CONDUCTS ACTIVITIES OR WHERE LEGAL PROCEEDINGS MAY BE
NECESSARY IN ORDER TO COLLECT OR ENFORCE THE OBLIGATIONS OR TO SERVE PROCESS IN
ANY MANNER PERMITTED BY LAW.

    


    


    [Signature
Page Follows]

     

     

     

     

     

    
      
         

      

      
        6

        
          

        

      

      
         

      

    

    


    


    IN WITNESS WHEREOF, the
parties have executed this Agreement as of the date first written
above.

     

     

    
      
        
          
            
              	 	 	BORROWER:	 
	 	 	 	 
	In
      the Presence of:  	 	URIGEN PHARMACEUTICALS,
      INC.	 
	 	 	 	 	 
	
                       

                    	 	
                      By:
      

                    	/s/ William
      J. Garner, M.D.	 
	Witness   	 	 	Name:
      William J. Garner, M.D.	 
	 	 	 	Title:
      Chief Executive Office	 
	 	 	 	 	 


            

          

        

      

    

     

    
      
        
          
            	In
      the Presence of:  	 	URIGEN N.A.,
    INC.	 
	 	 	 	 	 
	
                  	 	
                    By:
      

                  	/s/ Martin
      E. Shmagin  	 
	Witness   	 	 	Name:
      Martin E. Shmagin	 
	 	 	 	Title:
      Chief Financial Officer	 
	 	 	 	 	 


          

        

      

    

    
       

      
        
          
            
              
                	 	 	AGENT:	 
	 	 	 	 
	In
      the Presence of:	 	
                        PLATINUM-MONTAUR
      LIFE SCIENCES, LLC

                      	 
	 	 	 	 	 
	
                      	 	
                        By:
      

                      	/s/ Michael
      M. Goldberg	 
	Witness    	 	 	Name:
      Michael M. Goldberg	 
	 	 	 	Title:
      Portfolio Manager	 
	 	 	 	 	 


              

            

          

        

      

    

    


     

     

    
      
         

      

      
        7

        
          

        

      

      
         

      

    

     

    


    STATE OF
CALIFORNIA                )

    ) SS.:

    COUNTY OF
SAN FRANCISCO        )

    


    On the
29th day of December, in the year 2009, before me, the undersigned, a notary
public in and for said state, personally appeared William J. Garner, personally
known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.

     

    
      
        
          
            	 	 	 	 
	
                     

                  	
                     

                  	/s/
      Ira Komar	 
	 	 	Notary
      Public	 
	 	 	 	 


          

        

      

    

    


    STATE OF
CALIFORNIA                  )

    ) SS.:

    COUNTY OF
SAN FRANCISCO        )

    


    On the
29th day of December, in the year 2009, before me, the undersigned, a notary
public in and for said state, personally appeared Martin E. Shmagin, personally
known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.

     

    
      
        
          
            
              	 	 	 	 
	
                       

                    	
                       

                    	/s/
      Ira Komar	 
	 	 	Notary
      Public	 
	 	 	 	 


            

          

        



    

    STATE OF
_______________                  )

    ) SS.:

    COUNTY OF
__________________        )

    


    On the
_____ day of January, in the year 2009, before me, the undersigned, a notary
public in and for said state, personally appeared ________________, personally
known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.

     

    
       

      
        
          
            
              	 	 	 	 
	
                       

                    	
                       

                    	 	 
	 	 	Notary
      Public	 
	 	 	 	 


            

          

        

      

    

    
 

    
      
         

      

      
        8

        
          

        

      

      
         

      

    

    


    


    Schedule
A

    Patents
and Patent Applications

    


    Patent Filings for
URG101

     

    


     

    
      	
              1.  

            	
              Urigen
      Patent Application

            


    

     

    
      	
              Title:

            	
              “KITS
      AND IMPROVED COMPOSITIONS FOR TREATING LOWER URINARY TRACT
      DISORDERS”

            


    

     

    
      	
              Abstract:

            	
              Superior
      buffered formulations and their kits for treating lower urinary tract
      symptoms and disorders are provided in the invention. In particular
      superior buffered formulations have demonstrated improvement for treating
      lower urinary tract symptoms of patients experiencing severe pain and/or
      urgency of the bladder and associated areas of the lower urinary
      tract.

            


    

     

    
      	
              Inventor:

            	
              FLASHNER
      MICHAEL; FRANKLIN AMIE E; GARNER WILLIAM J; PARSONS C
    LOWELL

            


    

     

    
      	
              Assignee:

            	
              Urigen
      Pharmaceuticals, Inc.

            


    

     

    
      	
              Attorney:

            	
              Benjamin
      Borson, PhD, JD, Borson Law

            


    

     

    
      	
              Priority
      date:

            	
              U.S.
      Provisional Application Ser. No. 60/752,287 filed on Dec. 19, 2005 and PCT
      filing US 2006/001388 Jan. 13, 2006

            


    

     

    Jurisdictions:

     

    
      	
              1.  

            	
              United
      States - pending

            


    

     

    
      	
              2.  

            	
              Australia:
      2006204769 - pending

            


    

     

    
      	
              3.  

            	
              Europe:
      06718460.6 - pending

            


    

     

    
      	
              4.  

            	
              Japan:  -
      pending

            


    

     

    
      	
              5.  

            	
              Korea:
      10-2007-7018672 - pending

            


    

     

    
      	
              6.  

            	
              Canada
      – pending

            


    

     

    
      	
              2.  

            	
              UCSD
      Patent

            


    

     

    
      	
              Title:

            	
              “NOVEL
      INTERSTITIAL THERAPY FOR IMMEDIATE SYMPTOM RELIEF AND CHRONIC THERAPY IN
      INTERSTITIAL CYSTITIS”

            


    

     

    
      	
              Abstract:

            	
              The
      present invention relates to a disorder of the lower urinary tract, and in
      particular, reducing the symptoms (including treatment) of interstitial
      cystitis in vivo. In a preferred embodiment, the present invention relates
      to treatment formulations and methods for reducing interstitial cystitis
      in patients. In one embodiment, the present invention contemplates a
      composition comprising: a) a heparinoid, b) a local anesthetic, and c) a
      buffering compound.

            


    

     

    
      
         

      

      
        9

        
          

        

      

      
         

      

    

     

    
      	
              Inventor:

            	
              C.
      Lowell Parsons

            


    

     

    
      	
              Assignee:

            	
              The
      Regents of the University of
California

            


    

     

    
      	
              Licensee:

            	
              Urigen
      Pharmaceuticals

            


    

     

    
      	
              Attorney:

            	
              Steve
      Reiter, PhD, JD, Foley Lardner LLP

            


    

     

    
      	
              Priority
      date:

            	
              U.S.
      Provisional Application Ser. No. 60/540,186 filed on Jan. 28,
      2004

            


    

     

    Jurisdictions:

     

    
      	
              1.  

            	
              United
      States: US 7,414,039; additional composition of matter claims
      pending

            


    

     

    
      	
              2.  

            	
              Australia:
      AU2005209322 - pending

            


    

     

    
      	
              3.  

            	
              Canada:
      CA2554489 – pending

            


    

     

    
      	
              4.  

            	
              Europe:
      05712839.9 - pending

            


    

     

    Patent Filings for
URG300

    


    
      	
              1.  

            	
              Urigen
      Patent Application

            


    

     

    
      	
              Title:

            	
              Urethral
      Suppositories for Overactive
Bladder

            


    

     

    
      	
              Abstract:

            	
              This
      invention is directed to buffered urethral suppositories for treatment of
      overactive bladder (OAB), and methods for their use.  In
      particular, this invention relates to suppositories incorporating mixed
      anti-cholinergic agents and uses thereof to treat symptoms of overactive
      bladder.

            


    

     

    
      	
              Inventors:

            	
              Amie
      E Franklin, Dennis Giesing

            


    

     

    
      	
              Assignee:

            	
              Urigen
      Pharmaceuticals, Inc.

            


    

     

    
      	
              Attorney:

            	
              Benjamin
      Borson, PhD, JD, Borson Law

            


    

     

    
      	
              Priority
      date:

            	
              United
      States Provisional Patent Application No: 60/891,454, filed February 23,
      2007

            


    

     

    
      	
              Jurisdictions:

            	
              PCT,
      national stage filings not initiated
yet

            


    

     

    
      	
              2.  

            	
              Kalium
      U. S. Patent licensed by Urigen

            


    

     

    
      	
              Title:

            	
              Method
      of delivering therapeutic agents to the urethra and an urethral
      suppository

            


    

     

    
      	
              Abstract:

            	
              A
      urethral suppository having a shaft shaped for cooperating with the action
      of the periurethral musculature to retain the suppository within the
      urethra, and having a knob extending from an end of the shaft sized to
      prevent over insertion of the suppository. A method of delivering one or
      more therapeutic agents to the urethra and associated structures, the
      method involving insertion of the urethral suppository into the
      urethra.

            


    

     

    
      
         

      

      
        10

        
          

        

      

      
         

      

    

     

    
      	
              Inventor:

            	
              Mulholland;
      S. Grant

            


    

     

    
      	
              Assignee:

            	
              Kalium,
      Inc.

            


    

     

    
      	
              Licensee:

            	
              Urigen
      Pharmaceuticals

            


    

     

    
      	
              Attorney:

            	
              Benjamin
      Borson, PhD, JD, Borson Law

            


    

     

    
      	
              Priority
      date:

            	
              November
      10, 1999

            


    

     

    
      	
              Jurisdiction:

            	
              United
      States issued Patent 6,464,670

            


    

     

    
      	
              3.  

            	
              Kalium
      U.S. Patent licensed by Urigen

            


    

     

    
      	
              Title:

            	
              Reinforced
      urethral suppository

            


    

     

    
      	
              Abstract:

            	
              A
      urethral suppository comprising a non-meltable base member sized to
      prevent insertion of the base member into the urethra, a non-meltable
      reinforcement projecting from the base member, and a meltable portion
      formed around a portion of the
reinforcement.

            


    

     

    
      	
              Inventors:

            	
              Mulholland;
      S. Grant, Zupkas; Paul

            


    

     

    
      	
              Assignee:

            	
              Kalium,
      Inc.

            


    

     

    
      	
              Licensee:

            	
              Urigen
      Pharmaceuticals

            


    

     

    
      	
              Attorney:

            	
              Benjamin
      Borson, PhD, JD, Borson Law

            


    

     

    
      	
              Priority
      date:

            	
              August
      30, 2001

            


    

     

    
      	
              Jurisdiction:

            	
              United
      States issued Patent 7,267,670

            


    

     

    
      	
              4.  

            	
              Kalium
      Patent Application licensed by
Urigen

            


    

     

    
      	
              Title:

            	
              Transluminal
      drug delivery methods and devices

            


    

     

    
      	
              Abstract:

            	
              A
      urethral suppository include a carrier base material, an anesthetic agent,
      and a buffering agent formed into a solid structure configured for
      insertion into a patient’s urethra for the treatment of interstitial
      cystitis or the prevention of pain prior to a urethral
      procedure.

            


    

     

    
      	
              Inventors:

            	
              C.
      Lowell Parsons, Paul Zupkas

            


    

     

    
      	
              Assignee:

            	
              Kalium,
      Inc.

            


    

     

    
      	
              Licensee:

            	
              Urigen
      Pharmaceuticals, Inc.

            


    

     

    
      	
              Attorney:

            	
              Benjamin
      Borson, PhD, JD, Borson Law

            


    

     

    
      	
              Priority
      date:

            	
              U.S.
      Application Ser. No. 340071 (20070172507) filed on January 26, 2006 and
      U.S. Divisional Application CIP  Ser. No.
      475809  (20070172508)

            


    

     

    Jurisdictions:

     

    
      	
              1.  

            	
              United
      States – pending

            


    

     

    
      	
              2.  

            	
              PCT
      –                      PCT/US2007/061106
      application number, publication No. W0 2007/087624 -
    pending

            


    

     

    
      
         

      

      
        11

        
          

        

      

      
         

      

    

    


    Schedule
B

    Trademarks
and Trademark Applications

    


    


    
      	
              1.  

            	
              There
      is one registered trademark “Urigen” is a word mark, information from
      USPTO provided below.

            


    

     

    
      
        	
                 
      

              	
                Word
      Mark

              	
                URIGEN

              
	 	 	 
	 	      
                Goods
      and Services

              	      
                IC
      005. US 006 018 044 046 051 052. G & S: Pharmaceutical and medicinal
      preparations for the treatment of urological disorders. FIRST USE:
      20060101. FIRST USE IN COMMERCE: 20060101

              
	 	 	 
	 	Standard
      Characters Claimed	 
	 	 	 
	 	Mark
      Drawing Code	      
                (4)
      STANDARD CHARACTER MARK

              
	 	 	 
	 	      
                Serial
      Number

              	      
                77014140

              
	 	 	 
	 	Filing
      Date	      
                October
      4, 2006

              
	 	 	 
	 	      
                Current
      Filing Basis

              	      
                1A

              
	 	 	 
	 	      
                Original
      Filing Basis

              	1A
	 	 	 
	 	      
                Published
      for Opposition

              	      
                November
      6, 2007

              
	 	 	 
	 	      
                Registration
      Number

              	      
                3371356

              
	 	 	 
	 	      
                International
      Registration Number

              	      
                0921047

              
	 	 	 
	 	      
                Registration
      Date

              	      
                January
      22, 2008

              
	 	 	 
	 	      
                Owner

              	      
                (REGISTRANT)
      Urigen N.A., Inc. CORPORATION DELAWARE Suite 235 875 Mahler Road
      Burlingame CALIFORNIA 94010

              
	 	 	 
	 	      
                Attorney
      of Record

              	      
                David
      M. Kohn

              
	 	 	 
	 	      
                Type
      of Mark

              	      
                TRADEMARK

              
	 	 	 
	 	      
                Register

              	      
                PRINCIPAL

              
	 	 	 
	 	      
                Live/Dead
      Indicator

              	      
                LIVE

              


      

    

     

     

    
      
         

      

      
        12

        
          

        

      

      
         

      

    

    

      Schedule
C

      
        Copyrights
and Copyright Applications

         

      

    

     

     

    


    There are
no copyright or copyright applications.

    


     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    13