Exhibit 10.9

 

LICR REF LUD2240

 

8 June 2011

 

	
Attention:   Mr David Pritchard KALOBIOS PHARMACEUTICALS   INC a Delaware corporation, having an address at 260 East Grand   Avenue, South San Francisco, CA 94040, USA (KaloBios)    

 

FAX: 1 650 343 3260  

 
    	
 
    	
Attention:   Mr Edward McDermott, copy to Dr Jonathan Skipper LUDWIG   INSTITUTE FOR CANCER RESEARCH LIMITED a Swiss not-for-profit   corporation with its registered office at Stadelhoferstrasse 22, 801 Zürich, Switzerland   and having an office at 666 Third Avenue, 28th Floor, New York, NY 10017, USA (LICR)  

 

FAX:   1 212 450 1535
    


 

RE:                          Addition of Patent 5 to License Agreement Between Ludwig Institute for Cancer Research and KaloBios (LICR Ref: LUD2240)

 

The parties wish to formally incorporate new Joint Program Patent that has resulted from the Joint Program Research carried out under the Collaborative Research Agreement (LUD2259.2) to the Exhibit A of the License Agreement (LUD2240) between Ludwig Institute for Cancer Research Ltd and KaloBios Pharmaceuticals Inc (“the Agreement”).

 

Addition - Exhibit A should have inserted the following:

 

Patent 5

 

(a)                                 Provisional patent application US61/356.522 filed on 18 June 2010 and entitled “Detection of EphA3 as a Marker of the Presence of a Solid Tumor”;

(b)                                 all patent applications (including foreign applications) that are filed or may later be filed based on or corresponding to the application in (a);

(c)                                  all divisional and continuations, in whole or in part, applications, and reissue applications based on any of the foregoing patent applications;

(d)                                 all issued and unexpired patents resulting from any application in (a), (b), or (c) above;

(e)                                  all issued and unexpired reissue, re-examination, renewal or extension patents that may be based on any such patents; and

(f)                                   any invention or discovery; manner, method or process of manufacture; method or principle of construction; chemical composition or formulation; biological material; or scientific, technical or engineering information or document which is encompassed or taught in the patents or patent applications referred to in paragraphs (a) to (e).

 

To indicate the parties’ agreement to this addition of Joint Program Patent please sign and date the acknowledgement at the end of this letter (“the Letter Agreement”) and send one copy by facsimile to the other party as indicated above.

 

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Unless defined expressly in this Letter Agreement, capitalised letters in this Letter Agreement have the meanings given to them in the Agreement.

 

 

Yours sincerely,

 

	
 
    	
KALOBIOS PHARMACEUTICALS INC
    	
 
    	
LUDWIG INSTITUTE FOR CANCER RESEARCH
    
	
[SEAL]
    	
 
    	
 
    
	
 
    	
/s/   David W Pritchard
    	
 
    	
/s/   Edward A McDermott, Jnr
    
	
 
    	
David   W Pritchard
    	
 
    	
Edward   A McDermott, Jnr
    
	
 
    	
Chief   Executive Officer
    	
 
    	
President
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
Witness:
    	
/s/   Consuela Alatoure
    	
 
    	
Witness:
    	
/s/   Karen Hyland
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
Karen   Hyland
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
/s/   Jonathan Skipper, PhD
    
	
 
    	
 
    	
 
    	
Jonathan   Skipper, PhD
    
	
 
    	
 
    	
 
    	
Executive   Director of Technology Development
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
Witness:
    	
/s/   Nadette Bulgin
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
Nadette   Bulgin
    
							


 

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