AMENDMENT NO. 8 TO THE PATENT AND TECHNOLOGY LICENSE AGREEMENTTechnology License Assignment Agreement |
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ANTIGENICS INC | ARONEX PHARMACEUTICALS, INC. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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Search Technology License Assignment Agreement by:
EXHIBIT 10.1
AMENDMENT NO. 8 TO THE
PATENT AND TECHNOLOGY LICENSE AGREEMENT
This AMENDMENT NO. 8 (AMENDMENT NO. 8) to the ORIGINAL LICENSE (as defined below) effective this 4th day of April, 2008 (AMENDMENT NO. 8 EFFECTIVE DATE) is made by and between the BOARD OF REGENTS (BOARD) of THE UNIVERSITY OF TEXAS SYSTEM (an agency of the State of Texas, whose address is 201 West 7th Street, Austin, Texas 78701, on behalf of THE UNIVERSITY OF TEXAS M. D. ANDERSON CANCER CENTER, a component institution of SYSTEM), and ARONEX PHARMACEUTICALS, INC., a Delaware corporation having a principal place of business located at 3 Forbes Road, Lexington, Massachusetts 02421 (LICENSEE), a wholly-owned subsidiary of ANTIGENICS INC., a Delaware corporation. BOARD and LICENSEE may be referred to hereafter collectively as the PARTIES. Capitalized terms not defined herein shall have the meaning set forth in the ORIGINAL LICENSE.
RECITALS
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A. |
BOARD and LICENSEE are parties to that certain Exclusive License Agreement dated effective as of July 1, 1988 (such Exclusive License Agreement, as previously amended from time to time, the ORIGINAL LICENSE); |
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BOARD and LICENSEE desire to amend the ORIGINAL AGREEMENT to, among other things, clarify AMENDMENT NO. 6 to the ORIGINAL LICENSE to correct a scriveners error and clarify the rights of the PARTIES with respect to the Licensed Subject Matter, Submicron Liposome Suspensions Obtained from Preliposome Lyophilizates. |
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the PARTIES hereby agree to the following:
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The Parties acknowledge and agree that the subject matter of the patent rights relating to MDA 94-031 CON1, U.S. Application No. 09/122,427, entitled Submicron Liposome Suspensions Obtained from Preliposome Lyophilizates has and shall remain part of Schedule I, except as expressly set forth herein. |
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The PARTIES further acknowledge and agree that, effective as of the AMENDMENT NO. 6 EFFECTIVE DATE, the specific patent right U.S. Patent No. 5,902,604 constituted RETURNED TECHNOLOGY and was removed from Schedule 1. |
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The PARTIES further acknowledge and agree that, to the extent it was not already included in the definition of RETURNED TECHNOLOGY in AMENDMENT NO. 6, on January 16, 2007, LICENSEE returned to BOARD the specific patent right, EP 96918419.1 and all European applications claiming priority therefrom, and as of such date, such patent right constituted RETURNED TECHNOLOGY. |
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For the avoidance of doubt, the PARTIES further acknowledge and agree that U.S. Patent Application No. 09/122,427, (MDA94-031 CON1), its foreign equivalents (excluding the specific European patent rights identified in Paragraph 3 of this AMENDMENT NO. 8, above), and any divisionals, continuations, reissues, reexaminations or extensions thereof, and all patents and/or patent applications, domestic or foreign (excluding the specific European patent rights identified in Paragraph 3 of this AMENDMENT NO. 8, above), which claim priority, directly or indirectly, to U.S. Patent Application No. 08/468,791, now U.S. Patent No. 5,902,604, including, but not limited to, the foreign applications/patents listed below, do not constitute RETURNED TECHNOLOGY and have and shall remain Board Patent Rights licensed to LICENSEE under the ORIGINAL LICENSE, and that the subject matter of these patent rights have and shall remain Licensed Subject Matter: |
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