066
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`EMPLOYEE'S PROPRIETARY INFORMATION AND INVENTIONS AGREEMENT
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`I understand that:
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`Biogen, Inc,, a Massachusetts corporation, together witllits subsidiaries (hereinafter collectively
`called the "Company") is engaged in a continuous program of research, development, and
`production.
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`As part of my employment by the Company I am expected to make new contributim1s and
`inventions ofvolue to the Company.
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`My employment creates a relationship of confidence and trust between me and the Company with
`respect to any non public information applicable to or related to the business of the Company or
`applicable to or related to the business of any client or customer of the Company, which may be
`made known to me by the Company or by a client or customer ofthe Company, or created m·
`teamed by me during the period of my employment.
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`The Company possesses and will possess information that has been created, discovered,
`developed, or otherwise become known to the Company (including without limitation infom1ntion
`created, discovet'ed, developed, or made known by me) and/or in which property rights have been
`assigned or otherwise conveyed to the Company, which information has commercial value in the
`business in which the Company is engaged or will engage and is not generally known to the
`public. All ofthe aforementioned information is hereinafter called "Proprietary Infom1ation." By
`way of illustration, but not limitation, Propt·ictat·y Information includes trade secrets, processes,
`nonpublic patent applications, fonnulas, data, know-how, improvements, inventions, techniques,
`biological materials, marketing plans, strategies, forecasts, and customer lists.
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`In considerntion Of my employment or continued employment, as the case may be, and the compensation
`received by me ft·om the Company fi·om time to time, I hereby agt·ee as follows:
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`All Proprietary Information shall be the sole and exclusive property ofthe Company and its
`assigns, and the Company and its assigns shall be the sole and exclu$ive owner of all patents or
`other rights in connection therewith. I hereby assign to !he Company any rights l may have or
`acquire in such Proprietary Infonnation.
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`At all times, both during my employment by the Company and after its terminatio11, Twill keeJl in
`confidence and !tust all Proprietary lnfonnation, and 1 will not use or disclose any Proprieta1·y
`Infonnation or anything relating to it without the written consent of the Company, except as may
`bll necessat"y in the ordhmry course ofperfom1ing my duties as nn employee of the Company.
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`l agree that all documents, records, apparatus, equipment and other physical property, whether or
`not pertaining to Proprietary Information, furnished to me by the Company or produced by me m·
`others in connection with my employment with the Company shall be and re-main the sole property
`of the Company. I will return and deliver such property and any copies to the Company ns and
`when requested by the Company. Should the Company not so request, J sballreturu and deliver
`aU such property upon tem1inntion of my employment with the Company and 1 will not take with
`me any such property or any reproduction of such property upon such tennination. Ifl wish to
`take copies offlny documents, such as laboratory notebooks, 1 wiLl first request the Company's
`consent and will not do so without such consent.
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`I agree that during the period of my employment by the Company, I will not, without the
`Company's express written consent, engage in any employment or activity other than for the
`Company in any business in wl1ich the Company is now or nmy during the course of my
`employment become engaged.
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`Page 1 of 3
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`Biogen Exhibit 2029
`Coalition v. Biogen
`IPR2015-01993
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`I will pmmptly disclose to the Company, or any persons designated by it, all improvements,
`inventions, fommlas, biological materials, processes, techniques, know-how, and data, whether or
`not patentable, which are made or conceived or reduced to practice or learned by me, either alone
`or jointly with others, during the period of my employment and which are related to or useful in
`the business ofthe Company, or result from tasks assigned me by the Company or result from use
`of premises, Ol' equipment or materials, possessed, owned, leased, or contracted for by the
`Company (all said improvements, inventions, formulas, biological materials, processes,
`techniques, know-how, and data shall be collectively hereinafter called "Inventions'').
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`I agree that all hwentions and all patents, copyrights and the like relating thereto shall be the sole
`and exclusive property of the Company and its assigns, and the Company and its assigns shall be
`the sole and exclusive owner of all patents aud ocher rights in connection thetewith. I hereby
`assign to the Company any rights I may lwve or acquire ln sucl1 Inventions. I further agree as to
`all such Inventions to assist the Company in every proper way (but at the Company's expense) to
`obtain and from lime to time enforce patents on said Inventions in any and all countries, To that
`end I will execute all documents far use in applying for and for obtaining and maintaining such
`patents thereon and enforcing the same, as the Company may desire, together with any
`assignments thereofto the Company or person desig11ated by it. My obligation to assist the
`Company in obtaining and enforcing patents for such Inventions in any and all countries shall
`continue beyond the termination of my employment, but the Company shall compensate me at a
`reasonable rate of such termination for time actually spent by me at tlle Company's request on
`such assistance. In the event that the Company is unable for any reason whatsoever to secure my
`signature to any lawful and necessary document required to apply for any such patent or to
`prosecute any patent application with respect to such an Invention (including renewals, extensions,
`continuations, divisions or continuations in part thereof), I hereby irrevocably designate and
`appoint the Company and its duly authorized officers and agents, as my agents and attorney-in(cid:173)
`fact to act for and in my behalf and instead of me, to execute and file any such application and to
`do all other lawfully permitted acts to furtlter the prosecution and issuance of patents thereon with
`the same legal force and effect as if executed by me,
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`I will not bring with me to the Company or use in tlle performance of my responsibilities at the
`Company any confidential or proprietary materials or documents ofa fanner employer unless I
`have obtained written authorization from the former employer for their po~session and use.
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`I represent that my performance of all the terms of this Agt·eement and as an employee of the
`Company does not and will not breach any agreement to keep in confidence proprietary
`information acquired by me in confidence or in trust jJrior to my employment by the Company. I
`have not entered into, and I agree l will not enter into, any agreement either written or oral in
`conflict herewith,
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`J also understand that, in my employment with the Company, I am not to breach any obligation of
`confidentiulity th~t I may have to former employers.
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`I agree that for a period of lwo (2) years following the tem1ination of my employment with the
`Company r will11ot knowingly solicit, entice or persuade any other employee of tl1e Company to
`leave the services of the Company for any reason, and in connection therewith 1 will not, directly
`or indirectly, employ, or be involved in any business venture with, any such employee within one
`(I) year oftenn[nation of employment with Biogen.
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`I also acknowledge that in the event of my breach or threatened breach of my agreements set forth
`in this agreement, Biogen will suffer irreparable harm and that monetary damages neither will be
`ascertainable nor adequate to compensate it far such breach. I therefore agree ihat in the event of
`my breach or threatened b1·each of any of my obligations, Biogen in addition to and not in
`limitation of other rights, shull be entitled to (and I will not oppose) injunctive relief (without any
`obligation by Biogen to post a bond) in order to mstrain any such breach or threatened breach by
`me.
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`Page 2 of 3
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`This Agreement shall be effective as of the first day of my employment by the Company.
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`This Agreement shall be binding upon me, my heirs, executors, assigns, and administratol's and
`shall inure to the benefit of the Company, its successors, and assigns. This Agreement shall be
`governed by the laws ofthe Commonwealth of Massachusetts.
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`DATED:
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`ACCEPTED AND AGREED TO:
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`BIOGEN, INC.
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`BY:
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`DATED:
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`Page 3 of 3