EXHIBIT 10.48


 


PATENT
SECURITY AGREEMENT


 


THIS PATENT SECURITY AGREEMENT (this “Agreement”),
dated as of July 22, 2005, is made between Ciphergen Biosystems, Inc.,
a Delaware corporation (“Grantor”), and Quest Diagnostics Incorporated, a
Delaware corporation (“Secured Party”).


 


Grantor and Secured Party hereby agree as follows:


 


SECTION 1            Definitions; Interpretation.


 


(a)           Terms
Defined in Credit Agreement.  All
capitalized terms used in this Agreement and not otherwise defined herein shall
have the meanings assigned to them in the Credit Agreement or the Strategic
Alliance Agreement, as applicable.


 


(b)           Certain
Defined Terms.  As used in this Agreement,
the following terms shall have the following meanings:


 


“Collateral” has the meaning set forth in Section 2.


 


“Credit Agreement” means that certain Credit
Agreement dated as of the date hereof between Grantor, as borrower, and Secured
Party, as lender, as amended, modified, renewed, extended or replaced from time
to time.


 


“Documents” means this Agreement, the Credit
Agreement, the Notes, and all other certificates, documents, agreements and
instruments delivered to Secured Party under the Credit Agreement.


 


“Event of Default” has the meaning set forth in
Section 9.


 


“Lien” means any mortgage, deed of trust, pledge,
security interest, assignment, deposit arrangement, charge or encumbrance,
lien, or other type of preferential arrangement.


 


“Notes” means those certain promissory notes
entered into from time to time by Grantor, as maker, in favor of Secured Party,
as payee, under and in accordance with the terms of the Credit Agreement, each
as amended, modified, renewed, extended or replaced from time to time.


 


“Obligations” means the indebtedness,
liabilities and other obligations of Grantor to Secured Party under or in
connection with this Agreement, the Credit Agreement, and the other Documents,
including, without limitation, all unpaid principal of the Notes, all interest
accrued thereon, all fees and all other amounts payable by Grantor to Secured
Party thereunder or in connection therewith, whether now existing or hereafter
arising, and whether due or to become due, absolute or contingent, liquidated
or unliquidated, determined or undetermined, and including interest that
accrues after the commencement by or against Grantor of any bankruptcy or
insolvency proceeding naming such Person as the debtor in such proceeding.  For clarity, the term “Obligations” shall not
include any liabilities or other obligations under the Strategic Alliance
Agreement, the Stock Purchase Agreement, 


 





















 


the Observer Rights
Agreement, or any Supply Agreement or technology escrow agreement entered into
in accordance with Article 9 of the Strategic Alliance Agreement.


 


“Person” means an individual, corporation,
partnership, joint venture, trust, unincorporated organization, governmental
agency or authority, or any other entity of whatever nature.


 


“PTO” means the United States Patent and
Trademark Office.


 


“Strategic Alliance Agreement” means that
certain Strategic Alliance Agreement effective of even date herewith between
Grantor and Secured Party, as amended from time to time.


 


“UCC” means the Uniform Commercial Code as the
same may, from time to time, be in effect in the State of California.


 


(c)           Terms
Defined in UCC.  Where
applicable and except as otherwise defined herein, terms used in this Agreement
shall have the meanings assigned to them in the UCC.


 


(d)           Interpretation. 
In this Agreement, (i) the meaning of defined terms shall be
equally applicable to both the singular and plural forms of the terms defined;
and (ii) the captions and headings are for convenience of reference only
and shall not affect the construction of this Agreement.


 


SECTION 2            Security Interest.


 


(a)           Grant
of Security Interest.  As security
for the payment and performance of the Obligations, Grantor hereby assigns,
transfers and conveys to Secured Party, and grants a security interest in and
mortgage to Secured Party, all of Grantor’s right, title and interest in, to
and under the following property, in each case whether now or hereafter
existing or arising or in which Grantor now has or hereafter owns, acquires or
develops an interest and wherever located (collectively, the “Collateral”):


 


(i)            all Biomarker Patents claiming Biomarkers that are (i) expected
to be used in the Licensed Laboratory Test, Test Kit or Propriety Supplies that
are the subject of the related Development Program, domestic or foreign, owned
by Grantor (solely or jointly with others) or (ii) otherwise directed to
the Applications described on Schedule B, including those Biomarker
Patents described in Schedule B, as may be modified from time to
time as described in Sections 2(c), 5(k) or 5(l) below (the “Secured Patent
Rights”), together with all rights to sue for past, present or future
infringement thereof, all rights arising therefrom and pertaining thereto and
all reissues, divisions, continuations, renewals, extensions and
continuations-in-part of such thereof;


 


(ii)           all commercial tort claims associated with or arising
out of the properties and assets described in this Section 2(a);


 


(iii)          all accounts, all intangible intellectual or other
similar property and other general intangibles associated with or arising out
of any of the properties and assets described in this Section 2(a) and
not otherwise described above, including all license payments and payments
under insurance (whether or not Secured Party is the loss payee thereof) or any
indemnity, warranty or guaranty payable by reason of loss or damage to or
otherwise with respect to any of the properties and assets described in this Section 2(a);
and


 


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(iv)          all products, proceeds and supporting obligations of
or with respect to any and all of the properties and assets described in this Section 2(a).


 


(b)           Continuing
Security Interest.  Grantor
agrees that this Agreement shall create a continuing security interest in the
Collateral which shall remain in effect until terminated in accordance with Section 14.


 


(c)           Substitution
of Collateral.  Provided no Event of
Default has occurred and is continuing, Grantor may from time to time propose
the substitution of certain of the Secured Patent Rights within the Collateral
with other Biomarker Patents (the “Substitute Patent Rights”) in
accordance with the terms of this Section 2(c) below.  In such event, Grantor shall provide written
notice to Secured Party referencing this Section 2(c), which notice
shall:  (i) identify the Secured
Patent Rights to be substituted, (ii) identify in reasonable detail the
proposed Substitute Patent Rights, together with a copy of the corresponding
issued patent(s) or patent application(s) (which in the case of non-published
patent applications shall be deemed to be the Confidential Information of
Grantor), (iii) provide a valuation calculation for the proposed
Substitute Patent Rights, calculated in the same manner as was used in
determining the valuation of the Secured Patent Rights as of the Effective Date
(as shared between the parties), which valuation calculation shows a dollar
value for the proposed Substitute Patent Rights greater than the dollar value
for the Secured Patent Rights to be substituted.   Secured Party shall have twenty (20)
business days to notify Grantor of its acceptance or rejection of the proposed
Subsitute Patent Rights.  Secured Party
may reject the proposed Secured Patent Rights by written notice to Grantor if
Secured Party in its reasonable judgment determines that (x) the dollar value
of the proposed Substitute Patent Rights identified in the value calculation is
less than the dollar value of the Secured Patent Rights to be substituted, or
(y) the proposed Substitute Patent Rights do not constitute reasonably
equivalent collateral for any other reason. 
If Secured Party does not accept the proposal within such twenty (20)
day period, then such proposal shall be deemed rejected. If Secured Party
accepts such proposal, Secured Party hereby agrees to modify, amend, and
supplement Schedule B to (A) remove the Secured Patent Rights
described in the applicable notice as required in clause (i) above (B) include
the Substitute Patent Rights described in such notice as required in clause (ii) above
and (C) release the Lien with respect to the such Secured Patent Rights so
removed.  Notwithstanding the foregoing
provisions of this Section 2(c) and for clarity, Grantor may not
substitute any Secured Patent Rights that are Biomarker Patents claiming
Biomarkers used in or expected to be used in any Licensed Laboratory Test, Test
Kit or Proprietary Supplies that are subject of a Development Program without
the prior written consent of Secured Party, which consent may be withheld at
the sole discretion of Secured Party.


 


(d)           Additional
Collateral.  In the event that Grantor fails to timely
meet any development milestone specified in the applicable Development Program
under the Strategic Alliance Agreement and, at the time of such failure, the total
value of the Collateral (calculated in the same manner as was used in
determining the valuation of the Secured Patent Rights as of the Effective Date
(as shared between the parties)) equals less than 150% of the total principal
and interest then outstanding under the Credit Agreement (the “Minimum
Collateral Value”), then Secured Party shall have the right to require Grantor
to include additional Biomarker Patents (reasonably acceptable to Secured
Party) within the Collateral under this Agreement in accordance with the terms
of this Section 2(d) such that the total value of the existing
Collateral and such additional Collateral meets the Minimum Collateral
Value.  In such event, Secured Party
shall provide Grantor written notice referencing this Section 2(d) together
with a third party valuation calculation of the then-existing Collateral and a
statement of the shortfall in Collateral value from the Minimum Collateral
Value.  No 


 


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later than thirty (30) days after
receipt of such written request for such additional Collateral, Grantor shall
take all actions reasonably necessary to include such additional Collateral
under this Agreement and subject the same to the liens in favor of Secured
Party as provided hereunder.


 


SECTION 3            Financing Statements, Etc. 
Grantor shall execute and deliver to Secured Party concurrently with the
execution of this Agreement, and Grantor hereby authorizes Secured Party to
file (with or without Grantor’s signature), at any time and from time to time
thereafter, all financing statements, assignments of financing statements,
continuation financing statements, termination statements and other documents
and instruments, in form reasonably satisfactory to Secured Party, and take all
other action, as Secured Party may reasonably request, to perfect and continue
perfected, maintain the priority of or provide notice of the security interest
of Secured Party in the Collateral and to accomplish the purposes of this
Agreement.  Without limiting the
generality of the foregoing, Grantor ratifies and authorizes the filing by
Secured Party of any financing statements filed prior to the date hereof.


 


SECTION 4            Representations and Warranties. 
Grantor represents and warrants to Secured
Party that:


 


(a)           Grantor is duly organized, validly existing and in
good standing under the law of the jurisdiction of its organization and has all
requisite power and authority to execute, deliver and perform its obligations
under this Agreement.


 


(b)           The execution, delivery and performance by Grantor of
this Agreement have been duly authorized by all necessary action of Grantor,
and this Agreement constitutes the legal, valid and binding obligation of
Grantor, enforceable against Grantor in accordance with its terms.


 


(c)           No authorization, consent, approval, license,
exemption of, or filing or registration with, any governmental authority or
agency, or approval or consent of any other Person, is required for the due
execution, delivery or performance by Grantor of this Agreement, except for any
filings necessary to perfect any Liens on any Collateral.


 


(d)           Grantor’s chief executive office and principal place
of business (as of the date of this Agreement) is located at the address set
forth in Schedule A; and Grantor’s exact legal name is as set forth
in the first paragraph of this Agreement.


 


(e)           Grantor has rights in or the power to transfer the
Collateral and Grantor is the sole and complete owner, joint owner or exclusive
licensor of the Collateral, free from any Lien other than Permitted Liens.


 


(f)            A true
and correct list of all of the existing Collateral consisting of U.S. patents and
patent applications and/or registrations owned or licensed by Grantor, in whole
or in part, directed to Biomarkers that are expected to be used in any Licensed
Laboratory Test or Test Kit involving the Applications is set forth in Schedule B.


 


SECTION 5            Covenants.  So long as
any of the Obligations remain unsatisfied, Grantor agrees, except as otherwise
permitted in the Strategic Alliance Agreement, that:


 


(a)           Grantor shall appear in and defend any action, suit or
proceeding which may affect to a material extent its title to, or right or
interest in, or Secured Party’s right or interest in, the 


 


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Collateral, and shall do and perform
all commercially reasonable acts that may be necessary and appropriate to
maintain, preserve and protect the Collateral.


 


(b)           Grantor shall comply in all material respects with all
laws, regulations and ordinances, and all policies of insurance, relating in a
material way to the possession, operation, maintenance and control of the
Collateral.


 


(c)           Grantor shall give prompt written notice to Secured
Party (and in any event not later than 30 days following any change described
below in this subsection) of:  (i) any
change in the location of Grantor’s chief executive office or principal place
of business; (ii) any change in its name; (iii) any changes in its
identity or structure in any manner which might make any financing statement
filed hereunder incorrect or misleading; (iv) any change in its
registration as an organization (or any new such registration); or (v) any
change in its jurisdiction of organization; provided that Grantor shall
not change its jurisdiction of organization to a jurisdiction outside of the
United States.


 


(d)           Grantor shall keep separate, accurate and complete
books and records with respect to the Collateral, disclosing Secured Party’s
security interest hereunder.


 


(e)           Grantor shall keep the Collateral free of all Liens,
except Permitted Liens.


 


(f)            Grantor shall pay and discharge all taxes, fees,
assessments and governmental charges or levies imposed upon it with respect to
the Collateral prior to the date on which penalties attach thereto, except to
the extent such taxes, fees, assessments or governmental charges or levies are
being contested in good faith by appropriate proceedings.


 


(g)           Grantor shall maintain and preserve its legal
existence, its rights to transact business and all other rights, franchises and
privileges necessary or desirable in the normal course of its business and
operations and the ownership of the Collateral, except in connection with any
transactions expressly permitted by the Credit Agreement.


 


(h)           Grantor shall at any reasonable time and from time to
time permit Secured Party to visit the Premises of Grantor and inspect the
Collateral and to examine and make copies of and abstracts from the records and
books of account of Grantor related to the Collateral.


 


(i)            Grantor shall (i) notify Secured Party of any
material claim made or asserted against the Grantor or the Collateral by any Person
and of any other event which could materially adversely affect the value of the
Collateral or Secured Party’s Lien thereon; (ii) furnish to Secured Party
such information in connection with the Collateral as Secured Party may
reasonably request, all in reasonable detail; and (iii) upon reasonable
request of Secured Party make such demands and requests for information and
reports as Grantor is entitled to make in respect of the Collateral.


 


(j)            At such time as Secured Party makes a Development
Election with respect to a Plan, Grantor (i) shall promptly notify Secured
Party thereof of all Biomarker Patents claiming Biomarkers that are expected to
be used in the Licensed Laboratory Test, Test Kit or Propriety Supplies that
are the subject of the related Development Program and (ii) hereby
authorizes Secured Party to modify, amend, or supplement Schedule B
from time to time to include any such Biomarker Patents and make all necessary
or appropriate filings as provided in this Agreement with respect thereto. To
the extent that a Development Election is made with respect to an Application
other than an Application for which Biomarker Patents claiming Biomarkers
directed to such Application are listed in Schedule B, 


 


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then at the time that Schedule B
is modified, amended or supplement to include the Biomarker Patents claiming
Biomarkers that are expected to be used in any Licensed Laboratory Test, Test
Kit or Proprietary Supplies that are the subject of the related Development
Program as provided in this Section 5(j) above, upon written request of
Grantor, the Secured Party shall release the Lien with respect to all Biomarker
Patents claiming Biomarkers for one Application then listed in Schedule B
and designated by Grantor in such request that is not subject of a Development
Election.


 


(k)           If and when Grantor shall obtain rights to any new
Biomarker Patents claiming Biomarkers used in or expected to be used in any
Licensed Laboratory Test, Test Kit or Proprietary Supplies that are subject of
a Development Program or otherwise acquire of become entitled to the benefit
of, or apply for registration of, any of the foregoing, in each case that would
constitute Collateral, Grantor (i) shall promptly notify Secured Party
thereof and (ii) hereby authorizes Secured Party to modify, amend, or
supplement Schedule B from time to time to include any of the
foregoing Biomarker Patents and make all necessary or appropriate filings as
provided in this Agreement with respect thereto.  Without limiting Grantor’s obligations under Section 5(j)
or this Section 5(k), Grantor authorizes Secured Party to modify this
Agreement by amending Schedule B to include any such new Biomarker
Patents as expressly provided herein. 
Notwithstanding the foregoing, no failure to so modify this Agreement or
amend Schedule B shall in any way affect, invalidate or detract
from Secured Party’s continuing security interest in all Collateral, whether or
not listed on Schedule B, subject to the second to last sentence of
Section 2(c) and the last sentence of Section 5(j).


 


(l)            Nothing contained herein shall prohibit Grantor from
entering into any agreement in the ordinary course of business (including any
license or royalty agreement with any third party) pertaining to any of its
patents in a manner that would not violate the terms of the Strategic Alliance
Agreement.  Notwithstanding any provision
to the contrary contained herein, in the Credit Agreement or in the Strategic
Alliance Agreement, in no event shall Grantor abandon any patent or patent
application (or fail to prosecute any patent application) constituting
Collateral without the prior written consent of Secured Party.


 


SECTION 6            Further Acts.  On a
continuing basis, Grantor shall make, execute, acknowledge and deliver, and
file and record in the proper filing and recording places, all such instruments
and documents, and take all such action as may be reasonably requested by
Secured Party to perfect the security interest granted hereby or purported to be
granted hereby or to enable Secured Party to exercise and enforce its rights
and remedies hereunder with respect to the Collateral, including any documents
for filing with the PTO and/or any applicable state office.  Secured Party may record this Agreement, an
abstract thereof, or any other document describing Secured Party’s interest in
the Collateral with the PTO, at the expense of Grantor.


 


SECTION 7            [Reserved]


 


SECTION 8            Authorization; Secured Party Appointed
Attorney-in-Fact.  Secured Party shall have the right to, in the
name of Grantor, or in the name of Secured Party or otherwise, upon notice to
but without the requirement of assent by Grantor, and Grantor hereby
constitutes and appoints Secured Party (and any of Secured Party’s officers,
employees or agents designated by Secured Party) as Grantor’s true and lawful
attorney-in-fact, with full power and authority to: (i) sign and file any
of the financing statements and other documents and instruments which must be
executed or filed to perfect or continue perfected, maintain the priority of or
provide notice of Secured Party’s security interest in the Collateral; and (ii) execute
any and all such other documents and instruments, and do any and all acts and
things for and on behalf of Grantor, which Secured Party may deem 


 


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reasonably necessary or advisable to
maintain, protect, realize upon and preserve the Collateral and Secured Party’s
security interest therein and to accomplish the purposes of this Agreement.  Secured Party agrees that, except upon and
during the continuance of an Event of Default, it shall not exercise the power
of attorney, or any rights granted to Secured Party, pursuant to
clause (ii).  The foregoing power of
attorney is coupled with an interest and irrevocable so long as the Obligations
have not been paid and performed in full. 
Grantor hereby ratifies, to the extent permitted by law, all that
Secured Party shall lawfully and in good faith do or cause to be done by virtue
of and in compliance with this Section 8.


 


SECTION 9            Events of Default.  Any of the
following events which shall occur and be continuing shall constitute an “Event
of Default”:


 


(a)           An Event of Default shall occur and be continuing
under the Credit Agreement.


 


(b)           Grantor shall (i) liquidate, wind up or dissolve
(or suffer any liquidation, wind-up or dissolution), except to the extent
expressly permitted by the Credit Agreement, (ii) suspend its operations
other than in the ordinary course of business, or (iii) take any action to
authorize any of the actions or events set forth above in this subsection (b).


 


(c)           Any material impairment in the validity or priority of
Secured Party’s Lien hereunder.


 


(d)           Any levy upon, seizure or attachment of any of the
Collateral which shall not have been rescinded or withdrawn within thirty (30)
days of such event.


 


SECTION 10          Remedies.


 


(a)           Upon the occurrence and continuance of any Event of
Default, Secured Party may declare any of the Obligations to be immediately due
and payable and shall have, in addition to all other rights and remedies
granted to it in this Agreement, the Credit Agreement or any other Document,
all rights and remedies of a secured party under the UCC and other applicable
laws.  Without limiting the generality of
the foregoing, (i) Secured Party may secure the appointment of a receiver
of the Collateral or any part thereof (to the extent and in the manner provided
by applicable law); (ii) Secured Party may sell, resell, lease, use,
assign, license, sublicense, transfer or otherwise dispose of any or all of the
Collateral in its then condition or following any commercially reasonable
preparation or processing (utilizing in connection therewith any of Grantor’s
assets, without charge or liability to Secured Party therefor) at public or
private sale, by one or more contracts, at the same or different times, for
cash or credit, or for future delivery without assumption of any credit risk,
all as Secured Party deems advisable; provided, however, that
Grantor shall be credited with the net proceeds of sale only when such proceeds
are finally collected by Secured Party. 
Secured Party shall have the right upon any such public sale, and, to
the extent permitted by law, upon any such private sale, to purchase the whole
or any part of the Collateral so sold, free of any right or equity of
redemption, which right or equity of redemption Grantor hereby releases, to the
extent permitted by law.  Secured Party
shall give Grantor such notice of any private or public sales as may be
required by the UCC or other applicable law.


 


(b)           Solely for the purpose of enabling Secured Party to
exercise its rights and remedies under this Section 10 or otherwise in
connection with this Agreement, Grantor hereby grants to Secured Party an
irrevocable, non-exclusive and assignable license (exercisable without payment
or 


 


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royalty or other compensation to
Grantor) to use, license or sublicense any intellectual property Collateral.


 


(c)           Secured Party has no obligation to attempt to satisfy
the Obligations by collecting them from any other Person liable for them and
Secured Party may release, modify or waive any Collateral provided by any other
Person to secure any of the Obligations, all without affecting Secured Party’s
rights against Grantor.  Grantor waives
any right it may have to require Secured Party to pursue any third Person for
any of the Obligations.  Secured Party
may comply with any applicable state or federal law requirements in connection
with a disposition of the Collateral and compliance will not be considered
adversely to affect the commercial reasonableness of any sale of the
Collateral.  Secured Party may sell the
Collateral without giving any warranties as to the Collateral.  Secured Party may specifically disclaim any
warranties of title or the like.  This
procedure will not be considered adversely to affect the commercial
reasonableness of any sale of the Collateral. 
If Secured Party sells any of the Collateral upon credit, Grantor will
be credited only with payments actually made by the purchaser, received by
Secured Party and applied to the indebtedness of the purchaser.  In the event the purchaser fails to pay for
the Collateral, Secured Party may resell the Collateral and Grantor shall be
credited with the proceeds of the sale.


 


(d)           The cash proceeds actually received from the sale or
other disposition or collection of Collateral, and any other amounts received
in respect of the Collateral the application of which is not otherwise provided
for herein, shall be applied first, to the payment of the reasonable
costs and expenses of Secured Party in exercising or enforcing its rights
hereunder and in collecting or attempting to collect any of the Collateral, and
to the payment of all other amounts payable to Secured Party pursuant to Section 14
hereof; and second, to the payment of the Obligations.  Any surplus thereof which exists after
payment and performance in full of the Obligations shall be promptly paid over
to Grantor or otherwise disposed of in accordance with the UCC or other
applicable law.  Grantor shall remain
liable to Secured Party for any deficiency which exists after any sale or other
disposition or collection of Collateral.


 


SECTION 11          Certain Waivers.  Grantor
waives, to the fullest extent permitted by law, (i) any right of
redemption with respect to the Collateral, whether before or after sale
hereunder, and all rights, if any, of marshalling of the Collateral or other
collateral or security for the Obligations; (ii) any right to require
Secured Party (A) to proceed against any Person, (B) to exhaust any
other collateral or security for any of the Obligations, (C) to pursue any
remedy in Secured Party’s power, or (D) to make or give any presentments,
demands for performance, notices of nonperformance, protests, notices of
protests or notices of dishonor in connection with any of the Collateral; and (iii) all
claims, damages, and demands against Secured Party arising out of the
repossession, retention, sale or application of the proceeds of any sale of the
Collateral.


 


SECTION 12          Binding Effect.  This
Agreement shall be binding upon, inure to the benefit of and be enforceable by
Grantor, Secured Party and their respective successors and assigns as permitted
under the Strategic Alliance Agreement and shall bind any Person who becomes
bound as a debtor to this Agreement. 
Grantor may not assign, transfer, hypothecate or otherwise convey its
rights, benefits, obligations or duties hereunder except as specifically
permitted by the Credit Agreement or the Strategic Alliance Agreement.  Any such purported assignment, transfer,
hypothecation or other conveyance by Grantor not so permitted shall be void.


 


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SECTION 13          Notices.  All notices
or other communications hereunder shall be in writing (including by facsimile
transmission or by email) and delivered in accordance with the terms of the
Strategic Alliance Agreement.


 


SECTION 14          Costs and Expenses.


 


(a)           Grantor agrees to pay on demand all reasonable costs
and expenses of Secured Party, and the fees and disbursements of counsel, in
connection with the enforcement or attempted enforcement of, and preservation
of any rights or interests under, this Agreement, the Credit Agreement and the
Notes, including in any out-of-court workout or other refinancing or
restructuring or in any bankruptcy case, and the protection, sale or collection
of, or other realization upon, any of the Collateral, including all expenses of
sales and collections of Collateral.


 


(b)           Any amounts payable to Secured Party under this Section 14
or otherwise under this Agreement if not paid upon demand shall bear interest
from the date of such demand until paid in full, at the default rate of
interest set forth in the Credit Agreement or any Note.


 


SECTION 15          [Reserved]


 


SECTION 16          Governing Law.  This
Agreement shall be governed by, and construed in accordance with, the law of
the State of Delaware, except as required by mandatory provisions of law and to
the extent the validity or perfection of the security interests hereunder, or
the remedies hereunder, in respect of any Collateral are governed by the law of
a jurisdiction other than Delaware.


 


SECTION 17          Amendment; Conflict. 
This Agreement is subject to modification only by a writing signed by
the parties, except as provided herein. 
To the extent that any provision of this Agreement conflicts with any
provision of the Credit Agreement, the provision giving Secured Party greater rights or remedies shall govern, it being
understood that the purpose of this Agreement is to add to, and not detract
from, the rights granted to Secured Party
under the Credit Agreement.


 


SECTION 18          Counterparts.  This
Agreement may be executed in any number of counterparts and by different parties
hereto in separate counterparts, each of which when so executed shall be deemed
to be an original and all of which taken together shall constitute but one and
the same agreement.


 


SECTION 19          Termination.  Upon payment
and performance in full of all Obligations, the security interests created by
this Agreement shall terminate and Secured Party shall promptly execute and
deliver to Grantor such documents and instruments reasonably requested by
Grantor as shall be necessary to evidence termination of all such security
interests given by Grantor to Secured Party hereunder, including cancellation
of this Agreement by written notice from Secured Party to the PTO.


 


SECTION 20          Conflicts.  In the event
of any conflict or inconsistency between this Agreement and the Credit
Agreement, the terms of this Agreement shall control.


 


 


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


 


	
   

  	
  Grantor

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  CIPHERGEN
  BIOSYSTEMS, INC.

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By: 

  	
  /s/ William E.
  Rich

  	
   

  
	
   

  	
  Name: 

  	
  William E. Rich 

  	
   

  
	
   

  	
  Title: 

  	
  President and
  Chief Executive Officer

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Secured Party

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  QUEST
  DIAGNOSTICS INCORPORATED

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By: 

  	
  /s/ Catherine T.
  Doherty

  	
   

  
	
   

  	
  Name: 

  	
  Catherine T.
  Doherty 

  	
   

  
	
   

  	
  Title: 

  	
  Vice President,
  Office of the Chairman

  	
   

  
								



 


 


[Signature page to Patent Security Agreement]


 


10





















 


SCHEDULE A

to the Patent Security Agreement


 


1.             Chief
Executive Office and Principal Place of Business:


 


6611 Dumbarton Circle

Fremont, California 94555


 


 


A-1





















 


SCHEDULE B

to the Patent Security Agreement


 


Applications as of the Effective Date:  (i) Ovarian Cancer, (ii) Breast
Cancer, (iii) Liver Cancer, (iv) Prostate Cancer and (v) Alzheimer’s
Disease.


 


	
   

  	
   

  	
  Ciphergen
  File

  No.

  	
   

  	
  Ctry

  	
   

  	
  Genealogy

  	
   

  	
  Serial
  No.

  	
   

  	
  Filing
  Date

  	
   

  	
  Inventors

  	
   

  	
  Status/Expected

  Actions

  	
   

  	
  Ownership

  	
   

  
	
   

  	
   

  
	
  Application:
  OVARIAN CANCER

  	
   

  
	
   

  	
   

  
	
  1

  	
   

  	
  USE OF
  BIOMARKERS FOR DETECTING OVARIAN CANCER

  	
   

  	
  2002

  	
   

  	
  Chan
  et al.

  	
   

  	
   

  	
   

  	
  Johns
  Hopkins University and Ciphergen Biosystems

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 P
  (E&A)

  	
   

  	
  US

  	
   

  	
  ORIGINAL FILING

  	
   

  	
  60/401,837

  	
   

  	
  Aug 06, 2002

  	
   

  	
  Daniel W. CHAN

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 P2
  (E&A)

  	
   

  	
  US

  	
   

  	
  Related to
  60/401,837

  	
   

  	
  60/441,727

  	
   

  	
  Jan 21, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, and Eric T. FUNG

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 P3
  (E&A)

  	
   

  	
  US

  	
   

  	
  Related to
  60/401,837 and 60/441,727

  	
   

  	
  60/460,342

  	
   

  	
  Apr 04, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, and Eric T. FUNG

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 PC
  (E&A)

  	
   

  	
  WO

  	
   

  	
  Based on
  60/401,837, 60/441,727, and 60/460,342

  	
   

  	
  PCT/US2003/ 24659

  	
   

  	
  Aug 05, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  NATIONAL PHASE

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 PC-2
  (E&A)

  	
   

  	
  WO

  	
   

  	
  Based on
  60/401,837, 60/441,727, and 60/460,342

  	
   

  	
  PCT/US2003/ 24636

  	
   

  	
  Aug 06, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  ABANDONED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 AU
  (E&A)

  	
   

  	
  AU

  	
   

  	
  Based on
  PCT/US2003/ 024659

  	
   

  	
  2003256858

  	
   

  	
  Aug 05, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  



 


B-1





















 


	
   

  	
   

  	
  Ciphergen
  File

  No.

  	
   

  	
  Ctry

  	
   

  	
  Genealogy

  	
   

  	
  Serial
  No.

  	
   

  	
  Filing
  Date

  	
   

  	
  Inventors

  	
   

  	
  Status/Expected

  Actions

  	
   

  	
  Ownership

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 CA
  (E&A)

  	
   

  	
  CA

  	
   

  	
  Based on
  PCT/US2003/ 024659

  	
   

  	
   

  	
   

  	
  Jan 27, 2005

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 CN
  (E&A)

  	
   

  	
  CN

  	
   

  	
  Based on
  PCT/US2003/ 024659

  	
   

  	
   

  	
   

  	
  Aug 05, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 EP
  (E&A)

  	
   

  	
  EP

  	
   

  	
  Based on
  PCT/US2003/ 024659

  	
   

  	
  03767259.9

  	
   

  	
  Aug 05, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 EP-2
  (E&A)

  	
   

  	
  EP

  	
   

  	
  Based on
  PCT/US2003/ 24636 (PC-2)

  	
   

  	
  03767254.0

  	
   

  	
  Aug 06, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  ABANDONED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 IL
  (E&A)

  	
   

  	
  IL

  	
   

  	
  Based on
  PCT/US2003/ 024659

  	
   

  	
  166118

  	
   

  	
  Aug 05, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 JP
  (E&A)

  	
   

  	
  JP

  	
   

  	
  Based on
  PCT/US2003/ 024659

  	
   

  	
   

  	
   

  	
  Aug 05, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 KR
  (E&A)

  	
   

  	
  KR

  	
   

  	
  Based on
  PCT/US2003/ 24659

  	
   

  	
  10-2005-7001536

  	
   

  	
  Jan 27, 2005

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 NZ
  (E&A)

  	
   

  	
  NZ

  	
   

  	
  Based on
  PCT/US2003/ 024659

  	
   

  	
  538236

  	
   

  	
  Aug 05, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-58368 US
  (E&A)

  	
   

  	
  US

  	
   

  	
  Based on
  60/401,837, 60/441,727, and 60/460,342

  	
   

  	
  10/635,308

  	
   

  	
  Aug 05, 2003

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  



 


B-2





















 


 


	
  2

  	
   

  	
  USE OF
  BIOMARKERS FOR THE DETECTION OF OVARIAN CANCER

  	
   

  	
  2004

  	
   

  	
  Chan
  et al.

  	
   

  	
   

  	
   

  	
  Johns
  Hopkins University and Ciphergen Biosystems

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-61154 P
  (E&A)

  	
   

  	
  US

  	
   

  	
  ORIGINAL FILING

  	
   

  	
  60/558,422

  	
   

  	
  Mar 31, 2004

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG, and Xiao-Ying MENG

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-61154 P2
  (E&A)

  	
   

  	
  US

  	
   

  	
  Based on
  60/558,422

  	
   

  	
  60/632,474

  	
   

  	
  Dec 01, 2004

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, and Eric T. FUNG [Xiao-Ying MENG to be added]

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-61154 PCT
  (E&A)

  	
   

  	
  WO

  	
   

  	
  Based on
  60/558,422 and 60/632,474

  	
   

  	
  PCT/US05/ 

  	
   

  	
  Mar 31, 2005

  	
   

  	
  Daniel W. CHAN, Zhen
  ZHANG, Eric T. FUNG , and Xiao-Ying MENG

  	
   

  	
  PENDING; enters national
  phase by 9/30/06

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  3

  	
   

  	
  BIOMARKER
  FOR OVARIAN AND ENDOMETRIAL CANCER: HEPCIDIN

  	
   

  	
  2005

  	
   

  	
  Fung
  et al.

  	
   

  	
   

  	
   

  	
  Johns
  Hopkins University, M.D. Anderson Cancer Research Center, and Ciphergen
  Biosystems

  	
   

  
	
   

  	
   

  	
  71699-62959 P
  (E&A)

  	
   

  	
  US

  	
   

  	
  ORIGINAL FILING

  	
   

  	
  60/662,090

  	
   

  	
  Mar 11, 2005

  	
   

  	
  Eric T. FUNG, Robert
  BAST, Zhen ZHANG, Daniel W. CHAN, Charlotte CLARKE, Xiao-Ying MENG, and Jin
  SONG

  	
   

  	
  PENDING; regular and PCT
  applications due 3/10/06

  	
   

  	
   

  	
   

  



 


B-3





















 


	
  4

  	
   

  	
  BIOMARKERS
  FOR OVARIAN CANCER

  	
   

  	
  2005

  	
   

  	
  Fung
  et al.

  	
   

  	
   

  	
   

  	
  The
  University of Kentucky and Ciphergen Biosystems

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-018400 US

  	
   

  	
  US

  	
   

  	
  ORIGINAL FILING

  	
   

  	
  60/

  	
   

  	
  Jun 24, 2005

  	
   

  	
  Eric FUNG, Frederick
  Rand UELAND, J.R. VAN NAGELL, Paul Duane DEPRIEST, and Andre Thomas BARON

  	
   

  	
  PENDING; regular and PCT
  applications due 6/23/06

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Application:  BREAST CANCER

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1

  	
   

  	
  BIOMARKERS
  FOR BREAST CANCER

  	
   

  	
  2004

  	
   

  	
  Li
  et al.

  	
   

  	
   

  	
   

  	
  The
  Johns Hopkins University and Ciphergen Biosystems

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  71699-61849 P
  (E&A)

  	
   

  	
  US

  	
   

  	
  ORIGINAL FILING

  	
   

  	
  60/610,769

  	
   

  	
  Sep 17, 2004

  	
   

  	
  Jinong LI, Carolyn
  Nicole WHITE, Zhen ZHANG, Daniel W. CHAN, Eric Thomas FUNG, and Xiao-Ying
  MENG

  	
   

  	
  PENDING; regular and PCT
  applications due 9/16/05

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  2

  	
   

  	
  BIOMARKERS
  FOR BREAST CANCER

  	
   

  	
   

  	
   

  	
  2005

  	
   

  	
  GONÇALVES
  et al.

  	
   

  	
   

  	
   

  	
  Ciphergen
  Biosystems and Institute Calmettes

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  035394-003800 US

  	
   

  	
  US

  	
   

  	
  ORIGINAL FILING

  	
   

  	
  60/

  	
   

  	
  Jun 21, 2005

  	
   

  	
  Anthony GONÇALVES,
  Jean-Paul BORG, Eric FUNG, and Xiao-Ying MENG

  	
   

  	
  PENDING; regular and PCT
  applications due by 6/20/06

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Application:  LIVER CANCER

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1

  	
   

  	
  SERUM
  BIOMARKERS IN HEPATOCELLULAR CARCINOMA

  	
   

  	
  2002

  	
   

  	
  Yip
  et al.

  	
   

  	
   

  	
   

  	
  The
  Chinese University of Hong Kong and Ciphergen Biosystems

  	
   

  



 


B-4





















 


	
   

  	
   

  	
  035394-001600 US

  	
   

  	
  US

  	
   

  	
  ORIGINAL FILING

  	
   

  	
  60/370,239

  	
   

  	
  Apr 08, 2002

  	
   

  	
  Tai-Tung YIP, Terence
  POON, Philip JOHNSON, Victor F. YIP, 
  and Christine L. YIP

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  035394-001610 PC

  	
   

  	
  WO

  	
   

  	
  Based on 60/370,239

  	
   

  	
  PCT/US2003/ 10489

  	
   

  	
  Apr 07, 2003

  	
   

  	
  Tai-Tung YIP, Terence
  POON, Philip JOHNSON, Victor F. YIP, 
  Christine L. YIP, and Anthony CHAN

  	
   

  	
  NATIONAL PHASE

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  035394-001610 CN

  	
   

  	
  CN

  	
   

  	
  Based on
  PCT/US03/10489

  	
   

  	
  03809631.5

  	
   

  	
  Oct 29, 2004

  	
   

  	
  Tai-Tung YIP, Terence
  POON, Philip JOHNSON, Victor F. YIP, 
  Christine L. YIP, and Anthony CHAN

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  035394-001610 EP

  	
   

  	
  EP

  	
   

  	
  Based on
  PCT/US03/10489

  	
   

  	
  03746616.6

  	
   

  	
  Apr 07, 2003

  	
   

  	
  Tai-Tung YIP, Terence
  POON, Philip JOHNSON, Victor F. YIP, 
  Christine L. YIP, and Anthony CHAN

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  035394-001610 HK

  	
   

  	
  HK

  	
   

  	
  Based on 

  	
   

  	
   

  	
   

  	
  Apr 07, 2003

  	
   

  	
  Tai-Tung YIP, Terence
  POON, Philip JOHNSON, Victor F. YIP, 
  Christine L. YIP, and Anthony CHAN

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  035394-001610 JP

  	
   

  	
  JP

  	
   

  	
  Based on
  PCT/US03/10489

  	
   

  	
  2003-583463

  	
   

  	
  Oct 06, 2004

  	
   

  	
  Tai-Tung YIP, Terence
  POON, Philip JOHNSON, Victor F. YIP, 
  Christine L. YIP, and Anthony CHAN

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  035394-001610 US

  	
   

  	
  US

  	
   

  	
  Based on
  PCT/US03/10489

  	
   

  	
  10/508,781

  	
   

  	
  Sep 23, 2004

  	
   

  	
  Tai-Tung YIP, Terence
  POON, Philip JOHNSON, Victor F. YIP, 
  Christine L. YIP, and Anthony CHAN

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Application:  PROSTATE CANCER

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1

  	
   

  	
  PROSTATE
  CANCER MARKER PROTEINS

  	
   

  	
  1999

  	
   

  	
  Yip
  et al.

  	
   

  	
  PENDING

  	
   

  	
  Ciphergen
  Biosystems

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-003800 US

  	
   

  	
  US

  	
   

  	
  ORIGINAL FILING

  	
   

  	
  60/158,422

  	
   

  	
  Oct 07, 1999

  	
   

  	
  Tai-Tung YIP and
  Christine L. YIP

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-003810 PC

  	
   

  	
  WO

  	
   

  	
  CIP of 60/158,422
  (003800US)

  	
   

  	
  PCT/US2000/ 27682

  	
   

  	
  Oct 06, 2000

  	
   

  	
  Tai-Tung YIP, Christine
  L. YIP, and George L. WRIGHT, Jr.

  	
   

  	
  NATIONAL PHASE

  	
   

  	
   

  	
   

  



 


B-5





















 


	
   

  	
   

  	
  016866-003810 CA

  	
   

  	
  CA

  	
   

  	
  Based on
  PCT/US00/27682

  	
   

  	
  2386669

  	
   

  	
  Oct 06, 2000

  	
   

  	
  Tai-Tung YIP, Christine
  L. YIP, and George L. WRIGHT, Jr.

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-003810 EP

  	
   

  	
  EP

  	
   

  	
  Based on
  PCT/US00/27682

  	
   

  	
  00968823.5

  	
   

  	
  Oct 06, 2000

  	
   

  	
  Tai-Tung YIP, Christine
  L. YIP, and George L. WRIGHT, Jr.

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-003810 JP

  	
   

  	
  JP

  	
   

  	
  Based on
  PCT/US00/27682

  	
   

  	
  2001-528702

  	
   

  	
  Oct 06, 2000

  	
   

  	
  Tai-Tung YIP, Christine
  L. YIP, and George L. WRIGHT, Jr.

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-003810 US

  	
   

  	
  US

  	
   

  	
  Based on
  PCT/US00/27682

  	
   

  	
  10/088,970

  	
   

  	
  Jul 19, 2002

  	
   

  	
  Tai-Tung YIP, Christine
  L. YIP, and George L. WRIGHT, Jr.

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Application: 
  ALZHEIMER’S DISEASE

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1

  	
   

  	
  BIOMARKERS FOR ALZHEIMER’S DISEASE

  	
   

  	
  2003

  	
   

  	
  Davies et al.

  	
   

  	
  PENDING

  	
   

  	
  Goteborg University and Ciphergen Biosystems

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-011500 US

  	
   

  	
  US

  	
   

  	
  ORIGINAL FILING

  	
   

  	
  60/518,360

  	
   

  	
  Nov 07, 2003

  	
   

  	
  Huw Alun DAVIES, James
  Norton McGUIRE, Anja Hviid SIMONSEN, and Kaj BLENNOW

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-011510 US

  	
   

  	
  US

  	
   

  	
  Related to
  60/518,360

  	
   

  	
  60/526,753

  	
   

  	
  Dec 02, 2003

  	
   

  	
  Huw Alun DAVIES, James
  Norton McGUIRE, Anja Hviid SIMONSEN, Kaj BLENNOW, and Vladimir N. PODUST

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-011520 US

  	
   

  	
  US

  	
   

  	
  Related to
  60/518,360 and 60/526,753

  	
   

  	
  60/547,250

  	
   

  	
  Feb 23, 2004

  	
   

  	
  Huw Alun DAVIES, James
  Norton McGUIRE, Anja Hviid SIMONSEN, Kaj BLENNOW, and Vladimir N. PODUST

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-011530 US

  	
   

  	
  US

  	
   

  	
  Related to
  60/518,360, 60/526,753, and 60/547,250 

  	
   

  	
  60/572,617 

  	
   

  	
  May 18,
  2004

  	
   

  	
  Huw Alun DAVIES, James
  Norton McGUIRE, Anja Hviid SIMONSEN, Kaj BLENNOW, and Vladimir N. PODUST

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  



 


B-6





















 


	
   

  	
   

  	
  016866-011540 US

  	
   

  	
  US

  	
   

  	
  Related to
  60/518,360, 60/526,753, 60/547,250, and 60/572,617

  	
   

  	
  60/586,503

  	
   

  	
  Jul 08, 2004

  	
   

  	
  Huw Alun DAVIES, James
  Norton McGUIRE, Anja Hviid SIMONSEN, Kaj BLENNOW, and Vladimir N. PODUST

  	
   

  	
  EXPIRED

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-011550 PC

  	
   

  	
  WO

  	
   

  	
  Related to
  60/518,360, 60/526,753, 60/546,423 (012600), 60/547,250, 60/558,896 (012610),
  60/572,617, and 60/586,503

  	
   

  	
  PCT/US2004/
  37994

  	
   

  	
  Nov 06, 2004

  	
   

  	
  Huw Alun DAVIES, James
  Norton McGUIRE, Anja Hviid SIMONSEN, Kaj BLENNOW, and Vladimir N. PODUST

  	
   

  	
  PENDING; enters
  national phase on 5/7/06

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-011550 US

  	
   

  	
  US

  	
   

  	
  Related to
  60/518,360, 60/526,753, 60/546,423 (012600), 60/547,250, 60/558,896 (012610),
  60/572,617, and 60/586,503

  	
   

  	
  10/982,545

  	
   

  	
  Nov 06, 2004

  	
   

  	
  Huw Alun DAVIES, James
  Norton McGUIRE, Anja Hviid SIMONSEN, Kaj BLENNOW, and Vladimir N. PODUST

  	
   

  	
  PENDING

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  2

  	
   

  	
  SAPOSIN D AND FAM3C ARE BIOMARKERS FOR ALZHEIMER’S DISEASE

  	
   

  	
  2005

  	
   

  	
  Davies et al.

  	
   

  	
  PENDING

  	
   

  	
  Goteborg University and Ciphergen Biosystems

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  016866-018000 US
  

  	
   

  	
  US

  	
   

  	
  ORIGINAL FILING

  	
   

  	
  60/673,277

  	
   

  	
  Apr 19, 2005

  	
   

  	
  Huw Alun DAVIES, Kaj
  BLENNOW, James McGUIRE, Vladimir PODUST, and Anja Hviid SIMONSEN

  	
   

  	
  PENDING; regular and
  PCT applications due 4/18/06

  	
   

  	
   

  	
   

  



 


B-7