exv10w9



 



Exhibit 10.9


PATENT ASSIGNMENT



This Patent Assignment is delivered pursuant to the Closing under that certain
Purchase Agreement (the “Agreement”) dated as of December 18, 2003, between
Aether Systems, Inc., as the “Seller”, and TSYS Acquisition Corp., as the
“Purchaser”. Capitalized terms used in this Patent Assignment have the same
meanings given to them in the Agreement.


The Seller has delivered this instrument signed by the Seller to enable the
Purchaser to file it with any appropriate governmental agency to indicate
ownership of the Patents described below and for the other purposes set forth
in this instrument. This instrument supplements and is in addition to all
other rights of the Purchaser under the Agreement and other instruments of
transfer delivered in connection with the Agreement.


For good and valuable consideration, receipt of which the Seller acknowledges,
and by signing and delivering this instrument, the Seller sells, assigns,
transfers, conveys, and delivers to the Purchaser all of the Seller’s right,
title, and interest in and to:


     (a)  the patents and patent applications specifically listed in Annex A to
this Patent Assignment; and


     (b)  the following properties and rights with respect to all patents and
patent applications so listed in Annex A:


          (1) the inventions claimed or described in the patents or applications,



          (2) any patents in the United States and anywhere else in the world and
patent applications that have been or may be granted or filed, respectively,
with respect to those inventions, including without limitation all foreign
patents that may claim priority based on and correspond to the patents listed
in Annex A,



          (3) all divisions, renewals, reissues, continuations, extensions, and
continuations-in-part of the foregoing patents,



          (4) all income, royalties, damages, and payments due or payable to the
Seller with respect to the patents, including without limitation unpaid damages
and payments for past, present, and future infringements of any patent, and



          (5) all rights to sue and recover damages and payments for past, present,
and future infringements of any of the patents, including the right to fully
and entirely replace the Seller in all related matters.



The foregoing rights in and under the patents shall apply to the full end of
their terms as fully as the Seller would have held the same in the absence of
this assignment. As of the date set forth below, the Purchaser has succeeded
to all right, title, and standing of the Seller to (a) receive all rights and
benefits pertaining to the patents described above, and (b) commence,
prosecute, defend and settle all claims and take all actions that the
Purchaser, in its sole discretion, may elect in relation to the patents and
rights described above. This Patent Assignment (a) is irrevocable and
effective upon the Seller’s signature to and delivery of a manually signed copy
of this instrument or facsimile or email transmission of the signature to this
instrument in connection with the Closing, if and only if the Closing is
completed, (b) benefits and binds the parties to the Agreement and their
respective successors and assignees, (c) does not modify or affect,


 






 


and is
subject to, the provisions of the Agreement, and (d) may be signed in
counterparts as provided in Section 12.12 of the Agreement.


The undersigned has signed this Patent Assignment on January 13, 2003.


Aether Systems, Inc.:



	 	 	 
	

	 	 	 
	By:	 	/s/ David S. Oros
	 	 	


	Name:	 	David S. Oros
	 	 	


	Title:	 	Chief Executive
Officer
	 	 	





STATE OF MARYLAND

CITY OF BALTIMORE



On
                before me, Patricia C. Sweeting (the undersigned
notary), personally appeared David S. Oros personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(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 authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.


WITNESS my hand and official seal.



[seal]



Patricia C. Sweeting



Notary Public


 






 



Annex A




	 	 	 	 	 	 	 	 	 	 	 
	 	 	FILING	 	 	 	 	 	 	 	 
	TITLE	 	DATE	 	SERIAL #	 	ISSUE DATE	 	PATENT #	 	OWNER/DIVISION
	
	 	
	 	
	 	
	 	
	 	

	REGISTERED U.S.	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 
	Method and System for Providing Formatted Information via a
2-Way Communication System	 	 	 	 	 	10/16/01
	 	US6,304,746B1
	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Method and System for Conducting Real-Time Electronic Commerce 	 	 	 	 	 	07/1/03
	 	US6,587,838
	 	Aether Systems, Inc./EMS
	Transmitting Updated Information	 	 	 	 	 	01/04/2000
	 	6,011,954
	 	Sila Technology Limited/EMS
	 	 	 	 	 	 	 	 	 	 	 
	REGISTERED FOREIGN	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 
	IFX/Datatransmission (Danish patent - ‘Fremgangsmade til
transmission af data fra en sender til en eller flere
modtagere’)	 	 	 	 	 	1/13/1997
	 	PR171571
	 	Sila Technology Limited/EMS
	 	 	 	 	 	 	 	 	 	 	 
	IFX/Datatransmission (Registered EP1 - designated country:
Germany)(‘A Method of Transmitting Data from a Transmitter to
One or More Receivers’)	 	 	 	 	 	5/3/2000
	 	EP 0731964
	 	Sila Technology Limited/EMS
	 	 	 	 	 	 	 	 	 	 	 
	IFX/Datatransmission (Registered EP - designated country:
France)(‘A Method of Transmitting Data from a Transmitter to
One or More Receivers’)	 	 	 	 	 	5/3/2000
	 	EP 0731964
	 	Sila Technology Limited./EMS
	 	 	 	 	 	 	 	 	 	 	 
	IFX/Datatransmission (Registered EP - designated country:
United Kingdom)(‘A Method of Transmitting Data from a
Transmitter to One or More Receivers’)	 	 	 	 	 	5/3/2000
	 	EP 0731964
	 	Sila Technology Limited/EMS
	 	 	 	 	 	 	 	 	 	 	 
	PENDING U.S. APPLICATIONS	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 
	Method for Providing Vendor Notification Marketing in

Electronic Communication Network	 	
01/25/99
	 	09/236,510
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Apparatus for Providing Vendor Notification	 	
01/25/99
	 	09/237,289
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Method and Apparatus for Storing Real-Time Text Messages	 	
8/30/2001
	 	09/941,582
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	System for Automated, Mid-Session, User-Directed,

Device-to-Device Session Transfer System	 	
9/17/2001
	 	09/953,408
	 	 	 	 	 	Aether Systems, Inc./EMS








    1 EP = European Patent

 






 







	 	 	 	 	 	 	 	 	 	 	 
	 	 	FILING	 	 	 	 	 	 	 	 
	TITLE	 	DATE	 	SERIAL #	 	ISSUE DATE	 	PATENT #	 	OWNER/DIVISION
	
	 	
	 	
	 	
	 	
	 	

	Multikeyed Table Implementable on a Personal Digital Assistant

System, Method and Computer Program Product for Providing	 	
10/16/2000
	 	09/688,160
	 	 	 	 	 	Aether Systems, Inc./EMS
	Server Discovery Services during a Startup Sequence	 	
11/8/2000
	 	09/707,960
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	System and Method for Re-Directing Requests from Browsers for
Communication over Non-IP Based Networks	 	
10/30/2000
	 	09/698,181
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	System and Method for Developing Applications in Wireless and
Wireline Environments	 	
11/3/2000
	 	09/704,535
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Site Mining Stylesheet Generator	 	
12/15/2000
	 	09/736,167
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Run-Time Engine Implemented on a Computing Device Allowing
Synchronization of Records during Application Execution	 	
10/16/2000
	 	60/240,087
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Messaging Method and Apparatus for Sending and Receiving
Messages in a Client Server Environment over Multiple
Wireless and Wireline Networks	 	
10/24/2000
	 	09/694,297
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	System and Method to Publish Information from Servers to
Remote Monitor Devices	 	
1/24/2001
	 	09/767,951
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	A System and Method for Servers to Send Alerts to
Connectionless Devices	 	
11/28/2000
	 	09/723,285
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	A System, Method and Computer Program Product for Maintaining
Program State over Wireless Networks that Dynamically
Workload Balance Messages Across Multiple Servers	 	
1/23/2001
	 	09/767,266
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	A Method and System for Deploying Content to Wireless Devices	 	
11/13/2000
	 	09/709,487
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Messaging Method and Apparatus for Routing Messages in a
Client Server Environment over Multiple Wireless and Wireline
Networks	 	
12/20/2000
	 	09/739,844
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Messaging Method and Apparatus including a Protocol Stack
that Corresponds Substantially to an Open System Interconnect
(OSI) Model and Incorporates a Simple Network Transport Layer	 	
12/20/2000
	 	09/740,040
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Web Page Content Translator	 	
11/8/2000
	 	09/707,770
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	System, Method and Apparatus for Automatically and
Dynamically Updating Options, Features, and/or Services
Available to a Client Device	 	
3/10/2000
	 	09/523,168
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Service Chaining: a Mechanism for Optimizing the Invocation
of Computer Based Services Deployed in a Distributed
Computing Environment	 	
12/27/2001
	 	10/026,887
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	System for Efficiently Handling Cryptographic Messages

Containing Nonce Values in a Wireless, Connectionless

Environment without Compromising Security	 	
8/21/2001
	 	09/932,982
	 	 	 	 	 	Aether Systems, Inc./EMS



 






 




	 	 	 	 	 	 	 	 	 	 	 
	 	 	FILING	 	 	 	 	 	 	 	 
	TITLE	 	DATE	 	SERIAL #	 	ISSUE DATE	 	PATENT #	 	OWNER/DIVISION
	
	 	
	 	
	 	
	 	
	 	

	System and Method for Automated, Software-Based Session
Coordination of Data into a Single Session Context	 	
10/8/2002
	 	10/265,740
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Run-Time Engine Implemented on a Computing Device Allowing
Synchronization of Records during Application Execution	 	
10/16/2001
	 	09/977,686
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	System for a Configurable Open Database Connectivity Conduit	 	
11/6/2001
	 	09/985,879
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	System for an Open Architecture Development Platform with Centralized Synchronization	 	
11/6/2001
	 	09/985,878
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	System for a Run-Time Engine Capable for Pager Capable Remote Device	 	
11/6/2001
	 	09/985,880
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Routing Protocol Selection for an Ad Hoc Network	 	
12/28/2001
	 	10/028,267
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	System, Method and Apparatus for Utilizing Transaction
Databases in a Client-Server Environment	 	
10/11/2002
	 	10/268,665
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	PENDING FOREIGN APPLICATIONS2	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 
	Run-time Engine Implemented on a Computing Device Allowing
Synchronization of Records during Application Execution	 	
10/16/2001
	 	PCT/US01/32193
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	System for Optimizing the Invocation of Computer-Based
Services Deployed in a Distributed Computer Environment	 	
12/272002
	 	PCT/US02/41492
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	Routing Protocol Selection for an Ad Hoc Network	 	
12/27/2002
	 	PCT/US02/41491
	 	 	 	 	 	Aether Systems, Inc./EMS
	 	 	 	 	 	 	 	 	 	 	 
	IFX/Datatransmission (EP Application; divisional application
based on EP 0731964)	 	
12/2/1994
	 	 	 	 	 	99202686.4
	 	Sila Technology Limited/EMS
	 	 	 	 	 	 	 	 	 	 	 
	Sila (EP Application; EP regional phase of PCT/DK00/00363;
‘Method of Transmitting Data Items to a Number of Mobile
Stations, a Mobile Station and a Storage Module’)	 	
7/4/2000
	 	 	 	 	 	00941946.6
	 	Sila Technology Limited/EMS
	 	 	 	 	 	 	 	 	 	 	 
	Sila (EP Application; EP regional phase of PCT/DK00/00364;
‘Method of Transmitting Data Items to a Number of Mobile
Stations, a Mobile Station and a Storage Module’)	 	
7/4/2000
	 	 	 	 	 	00941947.4
	 	Sila Technology Limited/EMS
	 	 	 	 	 	 	 	 	 	 	 
	IFX -Danish Patent Application (divisional application based
on Danish Patent No. PR171571)	 	
7/20/1995
	 	 	 	 	 	PA199500850
	 	Sila Technology Limited/EMS
	 	 	 	 	 	 	 	 	 	 	 
	Sila - Norwegian Patent Application (national phase of
PCT/DK00/00363)	 	
7/4/2000
	 	 	 	 	 	20016416
	 	Sila Technology Limited/EMS
	 	 	 	 	 	 	 	 	 	 	 
	Sila - Norwegian Patent Application (national phase of
PCT/DK00/00364)	 	
7/4/2000
	 	 	 	 	 	20016421
	 	Sila Technology Limited/EMS







2 In December 2003 foreign patent counsel submitted paperwork to the relevant
patent registries to record the change in name from Sila Technology Limited to
Aether Technology Limited, for those patent applications listed in this section
as being owned by Sila Technology Limited.