Exhibit 10.55
Immunicon Corporation
Employee Non-Compete
Agreement
This Agreement made and entered into
as of this 25th day of October, 2004 by and between Immunicon
Corporation, a Pennsylvania Corporation (hereinafter referred to as
“Immunicon”), and Byron D. Hewett , an
individual residing in Katonah, NY (hereinafter referred to
as “Employee”);
WHEREAS, Immunicon is the owner of
and will continue to acquire and use commercially valuable
technical and non-technical information relating to biologically
active ferrofluids and related high gradient magnetic separation
technology (the technology), which is vital to the success of its
business, and which includes, but is not limited to, carrying out
research and development in the field of biochemistry, immunology,
and molecular biology for the purpose of using the technology for
in vitro diagnostics products, for therapeutic products, for
industrial applications and as the basis of a mult-analytical
platform;
WHEREAS, in order to protect the
legitimate business interests of Immunicon, it is necessary for
Immunicon to secure its rights in said information either by
patents or copyrights, or by maintaining said information secret or
confidential (said information being hereafter referred to
collectively as “proprietary information of
Immunicon”);
WHEREAS, the proprietary information
of Immunicon may be in the form of drawings, charts, graphs,
manuals, notebooks, reports, models, inventions, formulas,
processes, machines, compositions, computer programs, accounting
methods, business plans, information systems or other documents and
materials;
WHEREAS, during the period of
Employee’s employment, Employee may contribute to the
development of said proprietary information of Immunicon through
innovations, including inventions, discoveries, improvements or
modifications of present technology of Immunicon;
WHEREAS, in order to protect
Immunicon against the disclosure of the proprietary information of
Immunicon, particularly to competitors or potential competitors of
Immunicon, the Employee is
