exv10w3



 





Exhibit 10.3




PATENT ASSIGNMENT AGREEMENT




     This Patent Assignment Agreement (this “Assignment Agreement”), effective the
28th day of June, 2005 (the “Effective Date”), is by and between the Board of
Regents (“Board” or “Assignor”) of The University of Texas System, an agency of the State
of Texas, whose address is 201 West 7th Street, Austin, Texas 78701 (“System”), through its
component institution, The University of Texas Medical Branch at Galveston, having a business
address at 301 University Blvd., Galveston, Texas 77555 (“University”) and OrthoLogic
Corp., a Delaware corporation, having a principal place of business located at 1275 West Washington
Street, Tempe, AZ 85281 (“OLGC” or “Assignee”).



W I T N E S S E T H:




     WHEREAS, Assignor owns certain Patent Rights related to Licensed Subject Matter, as set
forth in a Patent License Agreement (“License Agreement”) dated April 27, 2004, attached hereto as
Appendix A, which were developed at University, and some of which may be jointly owned with
Monsanto Company, a Delaware corporation (“Monsanto”); and



     WHEREAS, Assignee has represented to Assignor, to induce Assignor to enter into this
Assignment Agreement, that OLGC or Assignee, pursuant to an Asset Purchase Agreement (the “Purchase
Agreement”), by and between Chrysalis Biotechnology, Inc. (“CBI”) and OLGC, bought substantially
all of the assets of CBI and desires to acquire the Patent Rights from the Assignor for additional
consideration to be paid to Assignor in the form of both an up-front payment and an increased
royalty rate.



     NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained,
the adequacy and legal sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:



1. Definitions.




     a. Terms defined above and elsewhere in this Assignment Agreement shall have their specified
meanings. Capitalized terms used herein but not defined herein shall have the meanings specified
by the License Agreement.



     b. The following terms shall have the following meanings:




     “Assignee” means OLGC, its successors and assigns.




     “Assignee Product” means Licensed Product as such term is defined in the License
Agreement.




     “Assignee Process” means Licensed Process as such term is defined in the License
Agreement.



 









 






     “Monsanto Agreement” that license agreement described in Recital B of the License
Agreement and attached to the License Agreement as Exhibit 1.




     “Sublicensee” means the same as set forth in the License Agreement, but shall also
include any licensee of Assignee of the Licensed Subject Matter or Patent Rights after the
Effective Date of this Assignment Agreement.




     “Term” has the meaning given to it in Section 6 of this Assignment Agreement.



2. Assignment.




     Assignor hereby sells, assigns, transfers, and sets over unto Assignee, with only those
warranties set forth in the License Agreement related to warranty of title, including the same
limitations therein, its entire right, title, and interest, if any, in, to, and under the Patent
Rights and the inventions claimed therein, together with any and all claims Assignor may have for
damages by reason of past infringement of the Patent Rights by third parties, along with the right
to sue for and collect the same; provided that the foregoing shall not include the Monsanto
Agreement or the Assignor’s rights therein or thereunder, which agreement and rights therein and
thereunder shall continue to be sublicensed to Assignee pursuant to the License Agreement unless
assigned to Assignee by Monsanto.



3. Confirmatory Assignment.




     Assignor agrees to execute a confirmatory assignment of the Patent Rights substantially in the
form attached as Appendix B hereto for recordation with the United States Patent and
Trademark Office and, as required, in foreign patent offices. Assignor agrees to fully cooperate
with Assignee in transferring its rights to the Patent Rights to Assignee in accordance herewith
and to execute all lawful documents, which may be reasonably required, all at the sole cost and
expense of Assignee, including all documents in the U.S. and foreign jurisdictions, in recordable
form, necessary to vest title to the Patent Rights in Assignee.



4. Intent of Assignment.




     Assignor and Assignee agree that this Assignment Agreement is intended only to cover the
Patent Rights as defined in the License Agreement (other than the Assignor’s rights in and under
the Monsanto Agreement) and those added thereto in the two (2) year period after the Effective Date
as set forth in the Purchase Agreement. This Assignment Agreement shall not cover any new
technology patent applications or patents as described and defined in Section 5.5 of the License
Agreement. Assignee hereby acknowledges and agrees this Assignment Agreement does not include or
cover in any way, other inventions, patent applications, patents, or other intellectual property
rights owned or licensed by Board, System, or University.



5. Payment and Records.



-2-









 





     a. At the time of execution of this Assignment Agreement Assignee hereby pays and delivers to
Assignor an amount of Four Hundred Thousand Dollars ($400,000). From the Effective Date of this
Assignment Agreement until the expiration of the Term, Assignee also shall pay to the Assignor
running royalties of 3.0% (3.3% if Monsanto’s interest in the Monsanto Agreement shall already have
been assigned to Assignee as contemplated in Section 6.2(c) of the License Agreement) of Net Sales
of each Assignee Product or Assignee Process manufactured, imported, exported, used, leased, or
sold by and/or for Assignee and/or its Sublicensees. Upon the assignment by Monsanto to Assignee
of Monsanto’s interests in the patent rights subject to the Monsanto Agreement as contemplated by
and within the time specified in Section 6.2(c) of the License Agreement, Assignee shall pay to
Assignor an amount equal to One Hundred Thousand Dollars ($100,000) and the rate of running
royalties payable under this Section 5.a shall be increased to 3.3% from the date of such
assignment.



     It is understood and agreed by the parties that the payment of royalties pursuant to this
Section 5.a shall be made only on the first sale of an Assignee Product or Assignee Process by
Assignee, a Subsidiary or a Sublicensee, and that subsequent sales of the same Assignee Product or
Assignee Process for which royalties have been accrued pursuant to this Section 5.a shall not be
subject to any additional accrual of royalties (for example, and for illustration purposes only, if
a royalty accrues due to a sale by Assignee of an Assignee Product to a Sublicensee or a
pharmaceutical distributor, a subsequent sale by such Sublicensee or such pharmaceutical
distributor shall not generate a royalty payable to Assignor).



     b. Assignee shall further pay to Assignor five percent (5%) of all cash and the fair market
value (determined in accordance with Section 6.6 of the License Agreement) of non-cash
consideration received by Assignee during the Term from a Licensee as a result of a license or
sublicense for each Assignee Product or Assignee Process including but not limited to licensing or
option fees, marketing fees, milestone payments, bonus payments and the like, but excluding (i)
payments received by Assignee for research development pursuant to research grants; (ii) royalty
payments received by Assignee calculated on the basis of Net Sales of the Licensee or Sublicensee;
and (iii) payments received by Assignee as consideration for an assignment of substantially all of
the assets of Assignee or a controlling majority of the stock of Assignee.



     c. If Assignee fails to timely pay royalties as required and fails to timely cure the same
within 30 days from Assignor’s written notice thereof to Assignee, Assignee agrees and acknowledges
that Assignor immediately shall receive a vested security interest in Assignee’s interests in the
Patent Rights, and Assignee will immediately execute, in a form Assignor may record, a Security
Agreement substantially similar to the Security Agreement attached hereto as Appendix C to
secure the payment of all such Assignee’s payment obligations hereunder. Assignee also shall
cooperate, timely and fully, with Assignor in further securing its interest in the Patent Rights
pursuant to the Security Agreement and all other rights related thereto. In any such action in
which Assignor is the prevailing party, Assignor shall be entitled to recover from Assignee its
reasonable attorneys fees and other direct out-of-pocket costs incurred in connection therewith,
and, in the case of the enforcement of any failure to pay amounts due under Section 5.a or b
hereof, Assignee shall pay to Assignor a late fee equal to the greater of $10,000 ($20,000 if such
$10,000 fee has become payable hereunder at least twice) or 10% of the payment amount for each such
payment not made within the applicable cure period, plus interest on such unpaid



-3-









 




amounts from the due date thereof until paid at a per annum rate equal to the prime rate of
interest, as published by the Wall Street Journal, plus three percentage points.




     d. During the Term and for three (3) years thereafter, Assignee shall keep complete and
accurate records of its and its Sublicensees’ Sales and Net Sales of each Assignee Product and each
Assignee Process under this Assignment Agreement in sufficient detail to enable the royalties
payable to Assignor hereunder accurately to be determined. Assignee shall permit Assignor or its
representatives, at Assignor’s expense, to periodically examine its books, ledgers, and records
during regular business hours solely for the purpose of and to the extent necessary to verify any
report required under this Assignment Agreement. In the event that the amounts due to Assignor are
determined to have been underpaid, Assignee shall immediately pay the Assignor the difference,
together with interest thereon at a per annum rate equal to the prime rate of interest, as
published by the Wall Street Journal, plus three percentage points and if the amount underpaid is
greater than two percent (2%) of the total royalty, Assignee shall reimburse Assignor for all costs
of such examination.



     e. Within thirty (30) days after each March 31, June 30, September 30, and December 31,
Assignee shall deliver to Assignor a true and accurate report, giving such particulars of the
business conducted by Assignee and its Sublicensee(s), if any exist, during the preceding three (3)
calendar months under this Assignment Agreement as are pertinent to an account for payments
hereunder. Such report shall include at least: (a) the total Sales of Assignee Product and
Assignee Process by Assignee and by Sublicensees; (b) the total Net Sales; (c) the calculation of
royalties thereon; and (d) the total royalties so computed and due Assignor. Assignee will report
royalties to the University in categories (specified by the University) based on the University
intellectual property for which the royalties are attributed. Simultaneously with the delivery of
each such report, Assignee shall pay to Assignor the amount, if any, due for the period of such
report. If no payments are due, it shall be so reported. Minimum royalties, however, will be due
and payable with the September 30 report to the extent not covered by other payments hereunder
during the preceding year. It is understood and agreed that if multiple patents of the Patent
Rights cover a single Assignee Product or Assignee Process, only a single royalty shall be paid.



     f. All amounts payable hereunder by Assignee shall be payable in United States funds without
deductions for taxes, assessments, fees, wire transfer charges, or charges of any kind and shall be
payable either by checks made payable to The University of Texas Medical Branch and mailed to The
University of Texas Medical Branch at Galveston, Research Development Services, P.O. Box 4786-750,
Houston, TX 77210-4786, or pursuant to wire transfer information or as otherwise designated by
Assignor within thirty (30) days written notice to Assignee.



     g. Noncash payments received by Assignee, which are subject to royalty payments under this
Assignment Agreement, shall be valued at the fair market value (“FMV”) thereof. FMV shall
be determined as follows:




     (i) By mutual agreement between the parties if possible;



-4-









 






     (ii) If the parties cannot reach a mutual agreement on FMV, then the parties shall
agree on an impartial third party mediator having at least ten (10) years of accounting
experience to assist the parties in determining FMV, and the parties shall share equally in
the fees and costs of any such mediator; and




     (iii) In the event the parties fail to reach an agreement on FMV pursuant to mediation,
then either party may submit the determination of FMV to binding arbitration by a panel of
three (3) arbitrators each having at least ten (10) years of accounting experience and
providing each party an opportunity to present evidence of FMV to the arbitration panel.
Unless otherwise agreed by the parties, each of the University and Assignee shall select one
(1) arbitrator for the panel and the third arbitrator shall be selected by the two other
arbitrators designated by the Assignor and Assignee. The decision of the arbitrators in
determining FMV shall be final and binding on Assignor and Assignee.



6. Term




     The term of this Assignment Agreement, unless terminated in accordance with this Assignment
Agreement (the “Term”), shall extend until the last patent included in the Patent Rights has
expired or has been found to be invalid or unenforceable by a court of competent jurisdiction from
which no appeal is available. Assignee acknowledges and agrees that in no event, shall Assignee
take any action or omit to take any action that causes any of the Patent Rights to lapse or fees
not be paid to avoid royalties hereunder or without providing Assignor the opportunity to assume
Assignee’s rights therein, including all right, title and interest in any such Patent Rights
thereafter.



7. Notice.




     Any notice required by this License Agreement shall be given by personal delivery or prepaid,
first class, certified mail, return receipt requested, addressed in the case of Assignor to:



	 	 	 	 	 
	 

	 	 	 	Board of Regents
	 

	 	 	 	The University of Texas System
	 

	 	 	 	201 West 7th Street
	 

	 	 	 	Austin, Texas 78701
	 

	 	 	 	ATTENTION: Office of General Counsel
	 

	 	 	 	FAX: (512) 499-4523
	 

	 	 	 	PHONE: (512) 499-4462
	 
	 	 	 	 
	 

	 	with copies to:
	 	University of Texas Medical Branch
	 
	 	 	 	 
	 

	 	 	 	301 University Blvd., Route 0663
	 

	 	 	 	Galveston, Texas 77555-0663
	 

	 	 	 	ATTENTION: Director, Technology
	 

	 	 	 	Development Center
	 

	 	 	 	FAX: (409) 747-1441






-5-









 






	 	 	 	 	 
	 

	 	 	 	PHONE: (409) 747-0551
	 
	 	 	 	 
	 

	 	or, in the case of Assignee to:
	 	OrthoLogic Corp.
	 

	 	 	 	1275 West Washington Street
	 

	 	 	 	Tempe, AZ 85281-1210
	 

	 	 	 	ATTENTION: President and CEO
	 

	 	 	 	FAX: 602-286-2808
	 

	 	 	 	PHONE: 602-286-5500






-6-









 






	 	 	 	 	 
	 

	 	with a copy to:
	 	Quarles & Brady LLP
	 

	 	 	 	One Renaissance Square
	 

	 	 	 	Two North Central Avenue
	 

	 	 	 	Phoenix, AZ 85004
	 

	 	 	 	ATTENTION: Steven P. Emerick
	 

	 	 	 	FAX: 602-417-2980
	 

	 	 	 	PHONE: 602-230-5517





or such other addresses as may be given from time to time under the terms of this notice provision.
Notice shall be deemed given upon actual receipt.




8. Texas Law.




     Assignor and Assignee agree that this Assignment Agreement shall be construed in accordance
with the laws of the State of Texas and shall be binding upon the parties, and, if any, their
successors, assignees, or transferees.



-7-









 





     IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute
this Assignment Agreement in duplicate on the dates indicated below.



	 	 	 	 	 	 	 
	THE UNIVERSITY OF
TEXAS MEDICAL BRANCH, for itself and on behalf of	 	 	 	 
	 
	 	 	 	 	 	 
	THE BOARD OF REGENTS
OF THE UNIVERSITY OF TEXAS SYSTEM	 	ORTHOLOGIC CORP.
	 
	 	 	 	 	 	 
	By:

	 	/s/ James C. Arie, Ph.D.
	 	By:
	 	/s/ James M. Pusey
	 

	 	 
	 	 	 	 
	 
	 	 	 	 	 	 
	Name:

	 	James C. Arie, Ph.D.
	 	Name: James M. Pusey
	 
	 	 	 	 	 	 
	Title:

	 	Center for Technology Dv
	 	Title: President and CEO
	 
	 	 	 	 	 	 
	Date:

	 	6/30/05
	 	Date: 6/23/05






-8-









 






APPENDIX A




Patent License Agreement



(See Exhibit 10.1 to
Amendment No. 1 to the Company’s Registration Statement on
Form S-4, filed with the SEC on July 14, 2004)



 









 








APPENDIX B




ASSIGNMENT




     WHEREAS, The Board of Regents of the University of Texas System, an agency of the State of
Texas (“Assignor”) may have certain ownership rights to and interests in the following
(collectively, the “Patent Rights”):


1. Patents and Patent Applications: All of the patent and patent applications attached hereto as
Appendix B1 and the inventions claimed therein;



2. All substitutions for and divisions, continuations, continuations-in-part, renewals, reissues,
extensions, and the like of the Patents and Patent Applications and like grant, including, without
limitation, those obtained or permissible under past, present and future laws and statutes;



3. All rights of action on account of past, present, and future unauthorized use of the Patent
Rights and for infringement of the patents and patent applications, and like protection;



4. The right of Assignee (as hereinafter defined) to file and have patents issued or granted in its
name applications for patents and like protection for the Patent Rights in any country or
countries; and



5. All international rights of priority associated with the Patent Rights, patents, patent
applications, and like protection.




     WHEREAS, Orthologic Corp., a Delaware corporation (“Assignee”), desires to acquire all of the
rights to and interests of Assignor in the Patent Rights;



 









 





     NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Assignor does hereby sell, assign, transfer, and set over unto Assignee all of
its rights, titles and interests in, to, and under the Patent Rights and the inventions claimed
therein, together with all claims for damages by reason of past infringement of such Patent Rights
by third parties, with the right to sue for and collect the same. The assignment made hereby is
made without any warranty whatsoever, including but not limited to warranties of ownership or
title.



	 	 	 	 	 
	By:

	 	 	 	 
	 

	 	 	 	 





	 	 	 	 	 
	Title

	 	 	 	 
	 

	 	 	 	 





	 	 	 	 	 
	Date:

	 	 	 	 
	 

	 	 	 	 





	 	 	 	 	 
	STATE OF TEXAS	 	§
	 
	 	 	 	 
	 

	 	 	 	§
	 
	 	 	 	 
	COUNTY OF

	 	 	 	§
	 

	 	 	 	 





     SUBSCRIBED to before me by                                                             ,                                          (Title),
                                         (Board), known by me to be the same, on this the                      day of
                                                            , 2005.



 



	 	 	 	 	 	 	 
	 	 	 
	 
	 	 	 	 	 	 
	 	 	Notary Public in and for	 	 
	 
	 	 	 	 	 	 
	 	 	THE STATE OF TEXAS	 	 
	 
	 	 	 	 	 	 
	 	 	My Commission Expires:	 	 
	 

	 	 	 	 	 	 





2









 






Appendix B1






Chrysalis Patent and Patent Applications Licensed from the University of Texas




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PATENT or	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PUBLICATION	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	NO. /	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	ISSUE or	 	 
	 	 	 	 	 	 	APP NO./	 	 	 	PARENT NO./	 	 	 	PUBLICATION	 	 
	REF. NO.
	 	COUNTRY
	 	TITLE
	 	FILE DATE
	 	FILE TYPE
	 	FILE DATE
	 	INVENTOR(S)
	 	DATE
	 	STATUS

	3033.1000-000

	 	US
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	60/217,583

07/12/00
	 	PROV
	 	N/A
	 	Darrell H. Carney
	 	N/A
	 	Expired
	3033.1000-001

	 	US
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	09/904,090

07/12/01
	 	US
	 	60/217,583

7/12/00
	 	Darrell H. Carney
	 	20020061852A1

05/23/02
	 	Filed
	3033.1000-003

	 	PCT
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	PCT/US01/21944

07/12/01
	 	PCT
	 	60/217,583

07/12/00
	 	Darrell H. Carney
	 	WO02/004008

01/17/02
	 	Expired
	3033.1000-004

	 	Taiwan
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	90116938

07/11/01
	 	Taiwan
	 	60/217,583

07/12/00
	 	Darrell H. Carney
	 	 	 	Filed
	3033.1000-005

	 	Thailand
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	066866

07/11/01
	 	Thailand
	 	60/217,583

07/12/00
	 	Darrell H. Carney
	 	 	 	Filed
	3033.1000-007

	 	PCT
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	PCT/US02/01396

01/16/02
	 	PCT
	 	N/A
	 	Darrell H. Carney
	 	WO03/061689

07/31/03
	 	Filed
	3033.1000-008

	 	US
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	10/050,611

01/16/02
	 	CONT
	 	09/904,090

07/12/01

60/217,583

07/12/00
	 	Darrell H. Carney
	 	20020187933

12/12/02
	 	Filed
	3033.1000-009

	 	EPC
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	01957136.3
07/12/01
	 	EPC
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	1253937B

09/10/03
	 	Granted
	3033.1000-010

	 	Japan
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	2002508462

07/12/01
	 	JAPAN
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	 	 	Filed
	3033.1000-011

	 	Australia
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	2001278907

07/12/01
	 	Australia
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	 	 	Filed
	3033.1000-012

	 	Canada
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	2415778

07/12/01
	 	Canada
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	 	 	Filed
	3033.1000-013

	 	China
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	018154581

07/12/01
	 	China
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	 	 	Filed







 










 







Chrysalis Patent and Patent Applications Licensed from the University of Texas


	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PATENT or	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PUBLICATION	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	NO. /	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	ISSUE or	 	 
	 	 	 	 	 	 	APP NO./	 	 	 	PARENT NO./	 	 	 	PUBLICATION	 	 
	REF. NO.
	 	COUNTRY
	 	TITLE
	 	FILE DATE
	 	FILE TYPE
	 	FILE DATE
	 	INVENTOR(S)
	 	DATE
	 	STATUS

	3033.1000-014

	 	Austria
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	01957136.3
07/12/01
	 	EPC
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	1253937

09/10/03
	 	Granted
	3033.1000-015

	 	Belgium
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	01957136.3
07/12/01
	 	EPC
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	1253937

09/10/03
	 	Granted
	3033.1000-016

	 	France
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	01957136.3
07/12/01
	 	EPC
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	1253937

09/10/03
	 	Granted
	3033.1000-017

	 	Germany
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	01957136.3
07/12/01
	 	EPC
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	60100740.9-08
09/10/03
	 	Granted
	3033.1000-018

	 	Great

Britain
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	01957136.3
07/12/01
	 	EPC
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	1253937

09/10/03
	 	Granted
	3033.1000-019

	 	Italy
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	01957136.3
07/12/01
	 	EPC
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	1253937

09/10/03
	 	Granted
	3033.1000-020

	 	Netherlands
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	01957136.3
07/12/01
	 	EPC
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	1253937

09/10/03
	 	Granted
	3033.1000-021

	 	Switzerland
	 	METHODS OF THERAPY WITH THROMBIN

DERIVED PEPTIDES
	 	01957136.3
07/12/01
	 	EPC
	 	PCT/US01/21944

07/12/01
	 	Darrell H. Carney
	 	1253937

09/10/03
	 	Granted
	3033.1001-000*

	 	US
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	06/925,201

10/31/86
	 	US
	 	-
	 	Darrell H. Carney,
et al.
	 	5,352,664

10/04/94
	 	Issued
	3033.1001-001*

	 	US
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	08/007,173

01/21/93
	 	DIV
	 	06/925,201

10/31/86
	 	Darrell H. Carney,
et al.
	 	5,500,412

03/19/96
	 	Issued
	3033.1001-002*

	 	US
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	08/538,504

09/29/95
	 	CONT
	 	06/925,201

10/31/86
	 	Darrell H. Carney,
et al.
	 	6,627,731

09/30/03
	 	Issued
	3033.1001-003*

	 	US
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	09/630,484

08/02/00
	 	CIP
	 	08/538,504

09/29/95
	 	Darrell H. Carney,
et al.
	 	 	 	Filed
	3033.1001-004*

	 	US
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	09/631,137

08/02/00
	 	CIP
	 	08/538,504

09/29/95
	 	Darrell H. Carney,
et al.
	 	6,630,572

10/07/03
	 	Issued
	3033.1001-008*

	 	EPC
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	87907652.9
10/30/87
	 	EPC
	 	PCT/US87/02882

10/30/87
	 	Darrell H. Carney,
et al.
	 	0328552

05/05/94
	 	Issued







 









 




Chrysalis Patent and Patent Applications Licensed from the University of Texas


	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PATENT or	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PUBLICATION	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	NO. /	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	ISSUE or	 	 
	 	 	 	 	 	 	APP NO./	 	 	 	PARENT NO./	 	 	 	PUBLICATION	 	 
	REF. NO.
	 	COUNTRY
	 	TITLE
	 	FILE DATE
	 	FILE TYPE
	 	FILE DATE
	 	INVENTOR(S)
	 	DATE
	 	STATUS

	3033.1001-009*

	 	Switzerland
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	879076529

10/30/87
	 	Switzerland
	 	87907652.9

10/30/87
	 	Darrell H. Carney,
et al.
	 	0328552

05/05/94
	 	Issued
	3033.1001-010*

	 	France
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	879076529

10/30/87
	 	France
	 	87907652.9

10/30/87
	 	Darrell H. Carney,
et al.
	 	0328552

05/05/94
	 	Issued
	3033.1001-011*

	 	Great

Britain
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	879076529

10/30/87
	 	Great

Britain
	 	87907652.9

10/30/87
	 	Darrell H. Carney,
et al.
	 	0328552

05/05/94
	 	Issued
	3033.1001-012*

	 	Italy
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	879076529

10/30/87
	 	Italy
	 	87907652.9

10/30/87
	 	Darrell H. Carney,
et al.
	 	0328552

05/05/94
	 	Issued
	3033.1001-013*

	 	Netherlands
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	879076529

10/30/87
	 	Nether-lands
	 	87907652.9

10/30/87
	 	Darrell H. Carney,
et al.
	 	0328552

05/05/94
	 	Issued
	3033.1001-014*

	 	Germany
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	879076529

10/30/87
	 	Germany
	 	87907652.9

10/30/87
	 	Darrell H. Carney,
et al.
	 	0328552

05/05/94
	 	Issued
	3033.1001-015*

	 	Sweden
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	879076529

10/30/87
	 	Sweden
	 	87907652.9

10/30/87
	 	Darrell H. Carney,
et al.
	 	0328552

05/05/94
	 	Issued
	3033.1001-016*

	 	Canada
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	595965

04/06/89
	 	Canada
	 	06/925,201

04/06/89
	 	Darrell H. Carney,
et al.
	 	1341108

10/30/00
	 	Issued
	3033.1001-017*

	 	Japan
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	5070531987

10/30/87
	 	Japan
	 	PCT/US87/02882

10/30/87
	 	Darrell H. Carney,
et al.
	 	3054150

04/07/00
	 	Issued
	3033.1001-018*

	 	Belgium
	 	THROMBIN DERIVED POLYPEPTIDES:

COMPOSITIONS AND METHODS FOR USE
	 	879076529

10/30/87
	 	Belgium
	 	87907652.9

10/30/87
	 	Darrell H. Carney,
et al.
	 	0328552

05/05/94
	 	Issued
	3033.1002-000

	 	US
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	60/219,300

07/19/00
	 	PROV
	 	N/A
	 	Darrell H. Carney,
et al.
	 	N/A	 	Expired
	3033.1002-001

	 	US
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	09/909,122

07/19/01
	 	CIP
	 	60/219,300

07/19/00
	 	Darrell H. Carney,
et al.
	 	20020128202A1

09/12/02
	 	Filed
	3033.1002-003

	 	PCT
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	PCT/US01/22641

07/18/01
	 	PCT
	 	60/219,300

07/19/00
	 	Darrell H. Carney,
et al.
	 	WO02/05836

01/24/02
	 	Expired
	3033.1002-004

	 	US
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	10/050,692

01/16/02
	 	CONT
	 	09/909,122

07/19/01

60/219,300

07/19/00
	 	Darrell H. Carney,
et al.
	 	20020182205A1

12/5/02
	 	Filed







 









 




Chrysalis Patent and Patent Applications Licensed from the University of Texas


	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PATENT or	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PUBLICATION	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	NO. /	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	ISSUE or	 	 
	 	 	 	 	 	 	APP NO./	 	 	 	PARENT NO./	 	 	 	PUBLICATION	 	 
	REF. NO.
	 	COUNTRY
	 	TITLE
	 	FILE DATE
	 	FILE TYPE
	 	FILE DATE
	 	INVENTOR(S)
	 	DATE
	 	STATUS

	3033.1002-006

	 	PCT
	 	STIMULATION OF BONE GROWTH AND

CARTILAGE FORMATION WITH THROMBIN

PEPTIDE DERIVATIVES
	 	PCT/US02/01451

01/17/02
	 	PCT
	 	N/A
	 	Darrell H. Carney,
et al.
	 	WO03/061690

4/16/03
	 	Filed
	3033.1002-007

	 	EPC
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	EPC
	 	PCT/US01/22641

07/18/01
	 	Darrell H. Carney,
et al.
	 	1301196B

11/26/03
	 	Granted
	3033.1002-008

	 	Japan
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	2002511768

07/18/01
	 	Japan
	 	PCT/US01/22641

07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Filed
	3033.1002-009

	 	Australia
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	20021276977

07/18/01
	 	Australia
	 	PCT/US01/22641

07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Filed
	3033.1002-010

	 	Canada
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	2416487

07/18/01
	 	Canada
	 	PCT/US01/22641

07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Filed
	3033.1002-011

	 	China
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	018158226

07/18/01
	 	China
	 	PCT/US01/22641

07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Filed
	3033.1002-012

	 	Hong Kong
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	031074300

10/15/03
	 	Hong Kong
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	1055250A

01/02/04
	 	Filed
	3033.1002-013

	 	Austria
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Austria
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-014

	 	Belgium
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Belgium
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-015

	 	Cyprus
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Cyprus
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-016

	 	Denmark
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Denmark
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-017

	 	Finland
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Finland
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-018

	 	France
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	France
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-019

	 	Germany
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Germany
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	60101339.5-08
11/26/03
	 	Granted







 









 




Chrysalis Patent and Patent Applications Licensed from the University of Texas


	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PATENT or	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PUBLICATION	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	NO. /	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	ISSUE or	 	 
	 	 	 	 	 	 	APP NO./	 	 	 	PARENT NO./	 	 	 	PUBLICATION	 	 
	REF. NO.
	 	COUNTRY
	 	TITLE
	 	FILE DATE
	 	FILE TYPE
	 	FILE DATE
	 	INVENTOR(S)
	 	DATE
	 	STATUS

	3033.1002-020

	 	Great Britain
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Great Britain
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-021

	 	Greece
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Greece
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-022

	 	Ireland
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Ireland
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-023

	 	Italy
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Italy
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-024

	 	Luxembourg
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Luxembourg
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-025

	 	Monaco
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Monaco
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-026

	 	Netherlands
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Netherlands
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-027

	 	Portugal
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Portugal
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-028

	 	Spain
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Spain
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-029

	 	Sweden
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Sweden
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-030

	 	Switzerland
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Switzerland
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1002-031

	 	Turkey
	 	STIMULATION OF BONE GROWTH WITH

THROMBIN PEPTIDE DERIVATIVES
	 	01954752.0
07/18/01
	 	Turkey
	 	EPC 01954752.0
07/18/01
	 	Darrell H. Carney,
et al.
	 	 	 	Disclosure
	3033.1003-000

	 	US
	 	STIMULATION OF CARTILAGE GROWTH

WITH AGONISTS OF THE

NONPROTEOLYTICALLY ACTIVATED

THROMBIN RECEPTOR
	 	60/219,800

07/20/00
	 	PROV
	 	N/A
	 	Darrell H. Carney,
et al.
	 	N/A	 	Expired
	3033.1003-001

	 	US
	 	STIMULATION OF CARTILAGE GROWTH

WITH AGONISTS OF THE

NONPROTEOLYTICALLY ACTIVATED

THROMBIN RECEPTOR
	 	09/909,348

07/19/01
	 	CIP
	 	60/219,800

07/20/00
	 	Darrell H. Carney,
et al.
	 	20020042373A1

04/11/02
	 	Filed







 









 





Chrysalis Patent and Patent Applications Licensed from the University of Texas


	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PATENT or	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PUBLICATION	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	NO. /	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	ISSUE or	 	 
	 	 	 	 	 	 	APP NO./	 	 	 	PARENT NO./	 	 	 	PUBLICATION	 	 
	REF. NO.
	 	COUNTRY
	 	TITLE
	 	FILE DATE
	 	FILE TYPE
	 	FILE DATE
	 	INVENTOR(S)
	 	DATE
	 	STATUS

	3033.1003-003

	 	PCT
	 	STIMULATION OF CARTILAGE GROWTH

WITH AGONISTS OF THE

NONPROTEOLYTICALLY ACTIVATED

THROMBIN RECEPTOR
	 	PCT/US01/22668

07/19/01
	 	PCT
	 	09/909,348

07/19/01

60/219,800

07/20/00
	 	Darrell H. Carney,
et al.
	 	WO02/07748

01/31/02
	 	Expired
	3033.1003-004

	 	US
	 	STIMULATION OF CARTILAGE GROWTH

WITH AGONISTS OF THE

NONPROTEOLYTICALLY ACTIVATED

THROMBIN RECEPTOR
	 	10/050,688

01/16/02
	 	CONT
	 	09/904,090

07/12/01

60/217,583

07/12/00
	 	Darrell H. Carney,
et al.
	 	20020198154A1

12/26/02	 	Filed
	3033.1003-005

	 	EPC
	 	STIMULATION OF CARTILAGE GROWTH

WITH AGONISTS OF THE

NONPROTEOLYTICALLY ACTIVATED

THROMBIN RECEPTOR
	 	01952846.2
07/19/01
	 	EPC
	 	PCT/US01/22668

07/19/01
	 	Darrell H. Carney,
et al.
	 	 	1259598A

11/27/02	 	 	Allowed
	3033.1003-006

	 	Japan
	 	STIMULATION OF CARTILAGE GROWTH

WITH AGONISTS OF THE

NONPROTEOLYTICALLY ACTIVATED

THROMBIN RECEPTOR
	 	2002513481

07/19/01
	 	Japan
	 	PCT/US01/22668

07/19/01
	 	Darrell H. Carney,
et al.
	 	 	 	 	 	Filed
	3033.1003-007

	 	Australia
	 	STIMULATION OF CARTILAGE GROWTH

WITH AGONISTS OF THE

NONPROTEOLYTICALLY ACTIVATED

THROMBIN RECEPTOR
	 	2001273561

07/19/01
	 	Australia
	 	PCT/US01/22668

07/19/01
	 	Darrell H. Carney,
et al.
	 	 	 	 	 	Filed
	3033.1003-008

	 	Canada
	 	STIMULATION OF CARTILAGE GROWTH

WITH AGONISTS OF THE

NONPROTEOLYTICALLY ACTIVATED

THROMBIN RECEPTOR
	 	2416404

07/19/01
	 	Canada
	 	PCT/US01/22668

07/19/01
	 	Darrell H. Carney,
et al.
	 	 	 	 	 	Filed
	3033.1003-009

	 	China
	 	STIMULATION OF CARTILAGE GROWTH

WITH AGONISTS OF THE

NONPROTEOLYTICALLY ACTIVATED

THROMBIN RECEPTOR
	 	018158218

07/19/01
	 	China
	 	PCT/US01/22668

07/19/01
	 	Darrell H. Carney,
et al.
	 	CN1458974

11/26/03
	 	Filed
	3033.1003-010

	 	Hong Kong
	 	STIMULATION OF CARTILAGE GROWTH

WITH AGONISTS OF THE

NONPROTEOLYTICALLY ACTIVATED

THROMBIN RECEPTOR
	 	03103723.5
05/27/03
	 	Hong Kong
	 	PCT/US01/22668

07/19/01
	 	Darrell H. Carney,
et al.
	 	 	1052367	 	 	Filed
	3033.1004-000

	 	US
	 	THROMBIN PEPTIDE DERIVATIVE DIMERS
	 	60/393,579

07/02/02
	 	PROV
	 	N/A
	 	Darrell H. Carney,
et al.
	 	 	 	 	 	Filed
	3033.1004-002

	 	PCT
	 	THROMBIN PEPTIDE DERIVATIVE DIMERS
	 	PCT/US03/20626
	 	PCT
	 	N/A
	 	Darrell H. Carney,
et al.
	 	WO2004/005317

01/15/04
	 	Filed
	3033.1006-000

	 	US
	 	THROMBIN PEPTIDE DERIVATIVES
	 	60/393,580

07/02/02
	 	PROV
	 	N/A
	 	Darrell H. Carney,
et al.
	 	 	 	 	 	Filed
	3033.1006-002

	 	PCT
	 	THROMBIN PEPTIDE DERIVATIVES
	 	PCT/US03/20635

07/01/03
	 	PCT
	 	60/393,580

0/02/02
	 	Darrell H. Carney,
et al.
	 	WO2004/014937

02/19/04
	 	Filed
	3033.1007-000

	 	US
	 	DIMERS OF THROMBIN

POLYPEPTIDE FRAGMENTS
	 	 	 	Disclosure
	 	N/A
	 	N/A	 	 	 	 	 	 







 









 




Chrysalis Patent and Patent Applications Licensed from the University of Texas


	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PATENT or	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	PUBLICATION	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	NO. /	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	ISSUE or	 	 
	 	 	 	 	 	 	APP NO./	 	 	 	PARENT NO./	 	 	 	PUBLICATION	 	 
	REF. NO.
	 	COUNTRY
	 	TITLE
	 	FILE DATE
	 	FILE TYPE
	 	FILE DATE
	 	INVENTOR(S)
	 	DATE
	 	STATUS

	3033.1008-000

	 	US
	 	METHOD FOR PROMOTING HEALING OF

CHRONIC DERMAL ULCERS
	 	60/308,198

07/27/01
	 	PROV
	 	N/A
	 	Darrell H. Carney
	 	N/A	 	Expired
	3033.1008-002

	 	PCT
	 	METHOD FOR PROMOTING HEALING OF

CHRONIC ULCERS
	 	PCT/US02/01151

01/16/02
	 	PCT
	 	60/308,198

07/27/01
	 	Darrell H. Carney
	 	WO03/013569

2/20/03
	 	Filed
	3033.1008-003

	 	Australia
	 	METHOD FOR PROMOTING HEALING OF

CHRONIC ULCERS
	 	 	 	Australia
	 	PCT/US02/01151

01/16/02
	 	Darrell H. Carney
	 	 	 	Filed
	3033.1008-004

	 	Canada
	 	METHOD FOR PROMOTING HEALING OF

CHRONIC ULCERS
	 	 	 	Canada
	 	PCT/US02/01151

01/16/02
	 	Darrell H. Carney
	 	 	 	Filed
	3033.1008-005

	 	China P.R.
	 	METHOD FOR PROMOTING HEALING OF

CHRONIC ULCERS
	 	 	 	China P.R.
	 	PCT/US02/01151

01/16/02
	 	Darrell H. Carney
	 	 	 	Disclosure
	3033.1008-006

	 	EPC
	 	METHOD FOR PROMOTING HEALING OF

CHRONIC ULCERS
	 	02703130.1
01/16/02
	 	EPC
	 	PCT/US02/01151

01/16/02
	 	Darrell H. Carney
	 	 	 	Filed
	3033.1008-007

	 	Japan
	 	METHOD FOR PROMOTING HEALING OF

CHRONIC ULCERS
	 	 	 	Japan
	 	PCT/US02/01151

01/16/02
	 	Darrell H. Carney
	 	 	 	Filed
	3033.1008-007

	 	US
	 	METHOD FOR PROMOTING HEALING OF

CHRONIC ULCERS
	 	10/766,752

01/27/04
	 	CON
	 	PCT/US02/01151

01/16/02
	 	Darrell H. Carney
	 	 	 	Filed
	3033.1009-000

	 	US
	 	PHARMACEUTICAL COMPOSITION FOR

THROMBIN PEPTIDE DERIVATIVES
	 	60/533,730

12/31/03
	 	PROV
	 	60/533,730

12/31/03
	 	Darrell H. Carney,
et al.
	 	 	 	Filed






*Co-owned by Pfizer, with interest exclusively licensed to The University of
Texas through original Agreement with Monsanto (Monsanto Pharmaceuticals was
acquired by Pharmacia, which was subsequently acquired by Pfizer)





 










 








APPENDIX C




Form of Security Agreement (Patents)




SECURITY AGREEMENT

(Patents)




     This Security Agreement dated as of [      ] (this “Agreement”), is
made by [ASSIGNEE], a [STATE] corporation (the “Debtor”), in favor of the Board
of Regents of the University of Texas System, an agency of the State of Texas
(the “Secured Party”) through its component institution, The University of
Texas Medical Branch at Galveston (the “University”).



INTRODUCTION




     Reference is made to that certain Patent Assignment Agreement dated as of
[       ] (as amended, restated, modified, or supplemented from
time to time, the “Patent Assignment Agreement”), between the Secured Party and
the Debtor. The Patent Assignment Agreement, among other things, contemplates
a possibility of the grant of a security interest in Assignee’s interest
therein upon the occurrence of certain events.



     NOW THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Debtor agrees with the Secured Party as follows:



Section 1. DEFINITIONS




     1.1 Terms defined above and elsewhere in this Agreement shall have their
specified meanings. Capitalized terms used herein but not defined herein shall
have the meanings specified in the Patent Assignment Agreement. Capitalized
terms that are neither defined herein nor in the Patent Assignment Agreement
shall have the meanings specified in Article 9 of the UCC.



     1.2 The following terms shall have the following meanings:



     “Carney” means Darrel H. Carney, Ph.D.



     “Collateral” means any and all of the Debtor’s present and future rights
in and to the Patent Rights assigned to Debtor under the Patent Assignment
Agreement and the inventions claimed therein, and all proceeds thereof.



     “Event of Default” means a default of the Debtor in its payment
obligations under the Patent Assignment Agreement.



     “Patent License Documents” means the Patent Assignment Agreement, and any
other documents made or delivered from time to time in connection therewith,
but shall not include that certain Patent License Agreement dated as of
        , 2004 between the Secured Party and the Debtor.






 









 





     “Secured Obligations” means (a) all principal, interest, fees,
reimbursements, indemnifications, and other amounts now or hereafter owed by
the Debtor to the Secured Party under this Agreement, the Patent Assignment
Agreement, and the other Patent Assignment Documents; and (b) any increases,
extensions, and rearrangements of the foregoing obligations under any
amendments, supplements, and other modifications of the agreements creating the
foregoing obligations.



     “UCC” means the Uniform Commercial Code as in effect on the date hereof in
the State of Texas.



Section 2. COLLATERAL; GRANT




     2.1 Grant of Security Interest. The Debtor hereby grants to the Secured
Party a security interest in all of the Debtor’s present and future right,
title, and interest in and to the Collateral to secure the payment and
performance of the Secured Obligations. To the extent that the Collateral is
not subject to the UCC, the Debtor collaterally assigns all of the Debtor’s
right, title, and interest in and to such Collateral to the Secured Party to
secure the payment and performance of the Secured Obligations to the full
extent that such a collateral assignment is possible under the relevant law.



     2.2 Debtors Remain Liable. Anything herein to the contrary
notwithstanding: (a) the Debtor shall remain liable under any contracts and
agreements included in the Collateral of the Debtor to the extent set forth
therein to perform the Debtor’s obligations thereunder to the same extent as if
this Agreement had not been executed; (b) the exercise by the Secured Party of
any rights hereunder shall not release the Debtor from any obligations under
any contracts and agreements included in the Collateral of the Debtor; and (c)
the Secured Party shall not have any obligation under any contracts and
agreements included in the Collateral of the Debtor by reason of this
Agreement, nor shall the Secured Party be obligated to perform or fulfill any
of the obligations of the Debtor thereunder, including any obligation to make
any inquiry as to the nature or sufficiency of any payment that the Debtor may
be entitled to receive thereunder, to present or file any claim, or to take any
action to collect or enforce any claim for payment thereunder.



     2.3 Financing Statements. The Debtor represents and warrants to and
agrees with the Secured Party as follows:



          (a) As of the date of this Agreement, the true and correct name of the
Debtor as listed on the Debtor’s certificate of incorporation is the name
specified for the Debtor on the signature page of this Agreement. The Debtor
has had no prior names other than [     ]. The Debtor has not used
and does not use any trade names other than
[     ]. As of the date
of this Agreement, the Debtor is organized under the laws of the State of
[     ]. Without advance written notice to the Secured Party and
reasonable opportunity for the Secured Party to take action to protect the
Secured Party’s interests hereunder, the Debtor shall not change its name,
reincorporate or otherwise reorganize, or change its jurisdiction of
organization.



 









 





          (b) The Debtor authorizes the Secured Party to file one or more financing
statements, or other documents describing any or all of the Collateral in any
filing or recording office.



Section 3. REMEDIES




     3.1 General Remedies. During the existence of an Event of Default, the
Secured Party may, at the Secured Party’s option, exercise one or more of the
following remedies:



          (a) To the extent permitted by law, the Secured Party may exercise all the
rights and remedies of a secured party under the UCC.



          (b) The Secured Party may prosecute actions in equity or at law for the
specific performance of any covenant or agreement herein contained or in aid of
the execution of any power herein granted or for the enforcement of any other
appropriate legal or equitable remedy.



          (c) The Secured Party may instruct any obligors owing payments to the
Debtor with respect to the Collateral, including royalty payments, to make all
such payments directly to the Secured Party.



          (d) The Secured Party may foreclose on any Collateral in any manner
permitted by the courts of or in the State of Texas or the state in which any
Collateral is located. If the Secured Party should institute a suit for the
collection of the Secured Obligations and for foreclosure under this Agreement,
the Secured Party may at any time before the entry of a final judgment dismiss
the same, and take any other action permitted by this Agreement.



          (e) To the extent permitted by law, the Secured Party may exercise all the
foreclosure rights and remedies of a secured party under the UCC. In
connection therewith, the Secured Party may sell any Collateral at public or
private sale, at the office of the Secured Party or elsewhere, for cash or
credit and upon such other terms as the Secured Party deems commercially
reasonable. The Secured Party may sell any Collateral at one or more sales,
and the security interest granted hereunder shall remain in effect as to the
unsold portion of the Collateral. The Secured Party shall not be obligated to
make any sale of Collateral regardless of notice of sale having been given.
The Secured Party may adjourn any sale by announcement at the time and place
fixed therefor, and such sale may, without further notice, be made at the time
and place to which it was adjourned. In the event that any sale hereunder is
not completed or is defective in the opinion of the Secured Party, the Secured
Party shall have the right to cause subsequent sales to be made hereunder. Any
statements of fact or other recitals made in any bill of sale, assignment, or
other document representing any sale hereunder, including statements relating
to the occurrence of an Event of Default, acceleration of the Secured
Obligations, notice of the sale, the time, place, and terms of the sale, and
other actions taken by the Secured Party in relation to the sale may be
conclusively relied upon by the purchaser at any sale hereunder. The Secured
Party may delegate to any agent the performance of any acts in connection with
any sale hereunder, including the sending of notices and the conduct of the
sale.



 









 





          (f) All costs and expenses incurred by the Secured Party in enforcement or
preservation of its rights under this Agreement, including attorneys’ fees and
out-of-pocket expenses, shall be reimbursed by the Debtor to the Secured Party
on demand.



     3.2 Application of Proceeds.



          (a) Unless otherwise specified herein, any cash proceeds received by the
Secured Party from the sale of, collection of, or other realization upon any
part of the Collateral or any other amounts received by the Secured Party
hereunder may be, at the reasonable discretion of the Secured Party (i) held by
the Secured Party as cash collateral for the Secured Obligations or (ii)
applied to the Secured Obligations.



          (b) Amounts applied to the Secured Obligations shall be applied in the
following order:



          First, to the payment of the costs and expenses of exercising the
Secured Party’s rights hereunder, whether expressly provided for herein
or otherwise; and



          Second, to the payment of the Secured Obligations in the order set
forth by the Secured Party.



Any surplus cash collateral or cash proceeds held by the Secured Party after
payment in full of the Secured Obligations and the termination of any
commitments of the Secured Party to any Debtor shall be paid over to the Debtor
or to whomever may be lawfully entitled to receive such surplus.




     3.3 Remedies Cumulative. The Secured Party’s remedies under this
Agreement and the Patent License Documents shall be cumulative, and no delay in
enforcing this Agreement and the Patent License Documents shall act as a waiver
of the Secured Party’s rights hereunder or thereunder.



Section 4. GENERAL




     4.1 Choice of Law. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN
ACCORDANCE WITH, THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF
TEXAS.



     4.2 Notice. All notices and other communications from the Secured Party
to the Debtor provide for in this Agreement shall be delivered in the manner
and to the addresses set forth in the Patent Assignment Agreement.



     4.3 General. If any provision in this Agreement is held to be
unenforceable, such provision shall be severed and the remaining provisions
shall remain in full force and effect. All representations, warranties, and
covenants of the Debtor in this Agreement shall survive the execution of this
Agreement and the other Patent License Documents. If a due date for an amount
payable is not specified in this Agreement, the due date shall be the date on
which the Secured Party demands payment therefor. The provisions of this
Agreement may be waived or



 









 





amended only in a writing signed by the party against whom enforcement is
sought. This Agreement shall bind and inure to the benefit of the Debtor and
the Secured Party and their respective successors and assigns. The Debtor may
not assign its rights or delegate its duties under this Agreement; provided,
that Debtor may assign its rights and delegate its duties to the assignee of
Debtor’s rights under the Patent Assignment Agreement in connection with any
assignment permitted thereunder, so long as such assignee assumes and agrees to
perform all of Debtor’s obligations hereunder. This Agreement may be executed
in multiple counterparts each of which shall constitute one and the same
agreement.




[SIGNATURE PAGE FOLLOWS]




 









 








     THIS WRITTEN AGREEMENT AND THE OTHER PATENT LICENSE DOCUMENTS REPRESENT THE
FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF
PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE
ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.



     EXECUTED as of the date first above written.



	 	 	 	 	 
	 	 	[ASSIGNEE]
	 
	 	 	 	 
	

	 	By:	 	 
	

	 	 	 	

	

	 	Name:	 	 
	

	 	 	 	

	

	 	Title:	 	 
	

	 	 	 	

	 
	 	 	 	 
	 	 	THE BOARD OF REGENTS OF THE 
 UNIVERSITY OF TEXAS SYSTEM
	 
	 	 	 	 
	

	 	BY:
	 	THE UNIVERSITY OF TEXAS MEDICAL 
 BRANCH
	 
	 	 	 	 
	

	 	By:	 	 
	

	 	 	 	

	

	 	Name:	 	 
	

	 	 	 	

	

	 	Title: