Attached files
Exhibit
10.9
Assignment
Whereas, Medtronic, Inc., a Minnesota corporation, having its principal place of business at
710 Medtronic Parkway, NE, Minneapolis, MN 55432 (hereinafter Assignor), holds certain
rights in the United States and foreign patents and patent applications identified on the attached
Schedule 1; and
Whereas, Kips Bay Medical, Inc., a Delaware corporation, having its principal place of
business at 3405 Annapolis Lane, Suite 200, Minneapolis, MN 55447 (hereinafter Assignee),
desires to acquire the entire right, title and interest in and to the United States and foreign
patents and patent applications identified on the attached Exhibit A and in and to the inventions
described and claimed therein (hereinafter the Patents);
Whereas, Assignor agrees to assign the Patents to Assignee;
In exchange for good and valuable consideration, the receipt of which is hereby acknowledged,
Assignor hereby irrevocably assigns to Assignee, and its successors and assigns:
(1) | The entire right, title and interest to the Patents; and | ||
(2) | The right to apply for patents in foreign countries in its own name and to claim any priority rights to which such foreign applications are entitled under international conventions, treaties or otherwise; and | ||
(3) | The right to enforce patent rights to such Patents, as fully and entirely as the same would have been held and enjoyed by the Assignor if this assignment had not been made; together with all claims by Assignor for damages by reason of past infringement or for provisional rights and including the right to sue for, and collect the same for its own use and benefit, and for the use and benefit of its successors, assigns, and other legal representatives. |
Assignor agrees that all Patents shall belong exclusively to Assignee, with Assignee having
the right to obtain and to hold in its own name such patents, or such other perfection,
registration, certification, or protection as may be obtained or applicable to the subject matter,
and any extensions and renewals thereof.
Assignor hereby authorizes and requests the Commissioner of Patents to issue to Assignee any
patents that may be granted in accordance with this Assignment.
This Agreement may be executed in one or more counterparts, all of which shall be considered
one and the same agreement. The signatures from each counterpart may be combined with a copy of
the Agreement to constitute the entire Agreement.
MEDTRONIC, INC. | ||||||||
Date:
|
August 26, 2008 | By: | /s/ Michael J. Jaro | |||||
Name: | Michael J. Jaro | |||||||
Title: | VP and Chief Patent Counsel | |||||||
On this
26th day of August, 2008, before me, a notary public in and for said county, appeared
Michael J. Jaro of Medtronic, Inc., the person who signed this instrument, who
acknowledged that he or she signed it as a free act on behalf of said company with authority to do
so.
/s/ Patricia J Muhich | ||||
Notary Public | ||||
[Seal] |
Schedule 1
Mesh Graft Patent Rights
Docket No. | Country | Status | Application No. | Date | ||||
P0010899.00
|
United States | Inactive | 60/466,266 | 04/28/03 | ||||
P0010899.00
|
United States | Filed | 10/834,360 | 04/28/04 | ||||
P0010899.01
|
Patent Coop. Treaty | Inactive | US04/012973 | 04/28/04 | ||||
P0010899.02
|
United States | Filed | 10/987,313 | 11/12/04 | ||||
P0010899.03
|
Patent Coop. Treary | Inactive | US04/037827 | 11/12/04 | ||||
P0010899.04
|
Canada | Filed | 2,523,812 | 04/28/04 | ||||
P0010899.05
|
Japan | Filed | 513369/06 | 04/28/04 | ||||
P0010899.06
|
European Pat. Conv. | Filed | 4760409.5 | 04/28/04 | ||||
P0010899.07
|
South Africa | Filed | 2005/08920 | 04/28/04 | ||||
P0010899.09
|
United States | Filed | 11/797,648 | 05/04/07 | ||||
P0010899.10
|
European Pat. Conv. | Filed | 4810845 | 11/12/04 | ||||
P0010115.00
|
United States | Inactive | 10/201,498 | 07/23/02 | ||||
P0010115.00
|
United States | Inactive | 60/308,471 | 07/27/01 | ||||
P0010115.01
|
Patent Coop. Treaty | Inactive | US02/23383 | 07/23/02 | ||||
P0010115.02
|
European Pat. Conv. | Filed | 2752537.7 | 07/23/02 |