EX-10.2



 EXHIBIT 10.2 

 
 



 
 Merck KGaA     ·Germany         Frankfurter Str.
250     ·64293 Darmstadt 
  

					
	Biomira Management Inc.	  	Date	  	April 30, 2013
	Attn: Robert L. Kirkman, M.D.	  	Division/Dept.	  	LE-TA Trademarks Group A
	2601 Fourth Avenue	  	Care of	  	Thomas Tresper
	SEATTLE, WA 98004	  	Phone	  	+49 6151 72-6020
	USA	  	Fax	  	+49 6151 72-3378
		  	E-Mail	  	thomas.tresper@merckgroup.com

  

	Re:	Letter Amendment to Amended and Restated License Agreement (2008) 

 Dear Dr. Kirkman, 
 As you are aware, the FDA recently informed Merck KGaA (“MERCK”)
that the brand name STIMUVAX would not be approved for the marketing of L-BLP25 in the United States. STIMRIS, however, would currently be approved as a brand name. Further, the EMA informed MERCK that the name STIMUVAX would not be approved in the
European Union, but the names STIMRIS, STIMUVAM and STIMUVAY would currently be approved. 
 In view of the above, MERCK proposes the following
amendments (“Letter Amendment”) to the Amended and Restated License Agreement (2008) effective as of December 18, 2008, between Biomira Management Inc. (“ONCOTHYREON”) and MERCK (“Amended and Restated License
Agreement”): 
  

	 	1.	ONCOTHYREON and MERCK agree that TRADEMARK means the trademarks STIMRIS, STIMUVAY and STIMUVAM. 


 

	 	2.	ONCOTHYREON confirms that MERCK is released from all obligations regarding the trademarks STIMUVAX, STENVAX, SIATOPE , THEXOPE and JEXAVE, including, without
limitation, the obligation to diligently pursue the filing, maintenance and defense of these trademarks. 

  

	 	3.	MERCK confirms that ONCOTHYREON is released from all obligations to maintain the trademarks and trademark applications identified in this Letter Amendment, and has
complied with the obligations set forth in Section 5.12.3 of the Amended and Restated License Agreement with respect to the assignment of such trademarks and trademark applications to MERCK. 


Merck KGaA ·Germany 
  

					
	Frankfuner Str. 250	  	Corporation with General Partners	  	Executive Board and General Partners:
	64293 Darmstadt	  	Commercial Register AG Darmstadt HRB 6164	  	
	Phone +49615 1 72-0	  	Registered Office: Darmstadt	  	Karl-Ludwig Kley (Chairman),
	Fax     +49 615 1 72-2000	  	Chairman of the Supervisory Board:	  	Kai Beckmann, Stefan Oschmann,
	www.merck.de	  	Rolf Krebs	  	Bernd Reckmann, Matthias Zachert








 



 
 By their signatures below, MERCK and ONCOTHYREON agree to the terms of this Letter Amendment. 

Sincerely, 
 Merck KGaA 

 

					
	ppa.	 		 	i.V.
			
	/s/ Jens Eckhardt	 		 	/s/ Thomas Tresper
	By: Jens Eckhardt	 		 	By: Thomas Tresper
	      Associate General Counsel	 		 	       Head of Trademarks Group A

 Accepted and Agreed: 
 Biomira Management Inc. 
  

	
	/s/ Robert L. Kirkman
	By: Robert L. Kirkman
	       President

 Merck KGaA ·Germany 
  

					
	Frankfuner Str. 250	  	Corporation with General Partners	  	Executive Board and General Panners:
	64293 Darmstadt	  	Commercial Register AG Darmstadt HRB 6164	  	
	Phone +49 6151 72-0	  	Registered Office: Darmstadt	  	Karl -Ludwig Kley (Chairman),
	Fax     +49 6151 72-2000	  	Chairman of the Supervisory Board:	  	Kai Beckmann, Stefan Oschmann,
	www.merck.de	  	Rolf Krebs	  	Bernd Reckmann, Matthias Zachen