EXECUTION VERSION
`
`Patent Assignment Agreement
`
`THIS PATENT ASSIGNMENT AGREEMENTis entered into as of September 8, 2017
`(“Effective Date") by and betweenAllergan,Inc. a Delaware corporation ("Assignor”), and
`Saint Regis MohawkTribe, a federally recognized sovereign Native American Tribe
`(“Assignee”). Each of Assignor and Assignee are referred to herein as a “Party” and,
`collectively, they are referred to herein as the “Parties”.
`
`WHEREAS,Assignoris the sole and exclusive ownerof the U.S. Patents and pending patent
`applications identified in Exhibit A (the “Assigned Patents”); and
`
`WHEREAS,Assignee desires to acquireall rights,title and interest in and to the Assigned
`Patents;
`
`NOW, THEREFORE,theparties agree as follows:
`
`1. Assignment Beit knownthat for good and valuable consideration, the receipt and
`sufficiency of which is hereby acknowledged, and subject to the encumbrances
`identified herein, Assignor hereby irrevocably conveys, transfers, and assigns to
`Assignee, and Assignee hereby accepts,all of Assignor’sright, title, perogatives,
`benefits, and interest in and to the following:
`
`(a) the Assigned Patents; and
`
`(b) all rights, including any ownership claims or beneficial
`rights, of any kind whatsoeverof Assignor that have
`accrued, or that may accrue noworin the future, under any
`of the Assigned Patents provided by applicable law of any
`jurisdiction, by international treaties and conventions, and
`otherwise throughout the world (“Other Rights"); provided
`that such Other Rights excludesany license or agreement
`entered into by the Parties on orafter the Effective Date.
`
`2. Representations and Warranties of Assignor. Assignor hereby represents and
`warrantsto Assignee, as of the date hereof, that:
`
`a. Assignorhasall requisite power and authority, corporate or otherwise,to
`execute, deliver, and perform this Patent Assignment Agreement
`
`b. The execution and delivery of this Patent Assignment Agreement and the
`performance by Assignorofthe transactions contemplated hereby have been
`duly authorized byall necessary corporate action, and do notviolate:(a) in
`any material respect, any agreement, instrument, or contractualobligation to
`which Assignoris bound; (b) any requirement of any Applicable Law; or
`(c) any order, writ, judgment,injunction, decree, determination, or award of
`any court or Governmental Entity presently in effect applicable to Assignor.
`
`I
`
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`
`ALL 2086
`MYLAN PHARMACEUTICALS V. ALLERGAN
`IPR2016-01127
`
`

`

`EXECUTION VERSION
`
`c. This Patent Assignment Agreementis a legal, valid, and binding obligation of
`Assignor enforceable againstit in accordance with its terms and conditions,
`subject to the effects of bankruptcy, insolvency, or other lawsof general
`application affecting the enforcementofcreditorrights,judicial principles
`affecting the availability of specific performance, and general principles of
`equity (whether enforceability is considered a proceedingat law or equity).
`
`d. Assignoris the sole and exclusive ownerof the Assigned Patents.
`
`3. Encumbrances.
`
`a. Prior to the execution of this Assignment, Assignor and/or its affiliates have
`entered into certain settlement agreements and convenantsnotto sue
`(“Settlement Agreements”) with certain third parties ("Settlement
`Parties”) regarding one or moreofthe Assigned Patents in which license
`rights under the Assigned Patents were grantedto the Settlement Parties and
`their affiliates and/or successors. The Settlement Agreements are set forth
`on Schedule 3a.
`
`b. For the avoidance of doubt, the Parties individually and mutually agree that
`this assignment of the Assigned Patents does not assign any Settlement
`
`
`Agreementto Assignee.
`
`4. Representations and Warrantiesof Assignee.
`
`a. Assignee hasall requisite power and authority, corporate or otherwise, to
`execute, deliver, and perform this Patent Assignment Agreement.
`
`b. The execution and delivery of this Patent Assignment Agreement and the
`performanceby Assigneeofthe transactions contemplated hereby have been
`duly authorized by all necessary tribal action, and do notviolate: (a) in any
`material respect, any agreement, instrument, or contractual obligation to
`which such Assigneeis bound; (b) any requirement of any Applicable Law; or
`
`2
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`EXECUTION VERSION
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`(c) any order, writ, judgment, injunction, decree, determination, or award of
`any court or Governmental Entity presently in effect applicable to Assignee.
`
`c. This Patent Assignment Agreementis a legal, valid, and binding obligation of
`Assignee enforceable againstit in accordance with its terms and conditions,
`subject to the effects of bankruptcy, insolvency, or other laws of general
`application affecting the enforcementof creditorrights,judicial principles
`affecting the availability of specific performance, and general principles of
`equity (whether enforceability is considered a proceeding at law or equity).
`
`5. Confidentiality and Non-Disclosure
`
`a. Confidentiality Obligations. At all times until the later of: expiration or
`invalidation of the Assigned Patents or for a period offifteen (15) years
`thereafter, each Party shall, and shall causeits officers, directors, employees
`and agents (including outside counsel and consultants) to, keep confidential
`and not publish or otherwise disclose to a Third Party and notuse,directly or
`indirectly, for any purpose, any Confidential Information furnished or
`otherwise made knowntoit, directly or indirectly, by the other Party, except
`to the extent such disclosureor use is expressly permitted by the terms of
`this Patent Assignment Agreementor is necessary or reasonably useful for
`the performance of, or the exercise of such Party's rights under, this Patent
`Assignment Agreement.
`
`b. “Confidential Information” means any technical, business, or other
`information provided by or on behalf of one Party to the other Party in
`connection with this Agreement, whetherpriorto, on, or after the Effective
`Date, including any information relating to the termsof this Patent
`Assignment Agreement and any proceeding or claim pertaining to the
`Assigned Patents, any development or commercialization of any product
`covered or claimed by the Assigned Patents. Notwithstanding the foregoing,
`the termsof this Agreementshall be deemed to be the Confidential
`Information of both Parties and both Parties shall be deemed to be the
`receiving Party and the disclosing Party with respect thereto.
`
`c. Exceptions. Notwithstanding Section 5(a), the confidentiality and non-use
`obligations under Section 5(a) with respect to any Confidential Information
`shall not include any information that:
`
`i.
`
`is or hereafter becomespart of the public domain by public use,
`publication, general knowledgeor the like through nofault of the
`receiving Party in breach of this Agreement;
`
`ii. can be demonstrated by documentation or other competentproofto
`have beenin the receiving Party’s (orits affiliates’) possession prior
`to disclosure by the disclosing Party without any obligation of
`confidentiality with respect to such information;
`
`3
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`EXECUTION VERSION
`
`iii.
`
`is subsequently received by the receiving Party on a non-confidential
`basis from a Third Party who is not bound by anyobligation of
`confidentiality with respect to such information;
`
`iv. has been published by a Third Party or otherwise enters the public
`domain through no fault of the receiving Party in breach ofthis
`Agreement; or
`
`v. can be demonstrated by documentation or other competentevidence
`to have been independently developed byorfor the receiving Party
`without reference to the disclosing Party’s Confidential Information.
`
`Specific aspects or details of Confidential Information shall not be deemed to
`be within the public domain or in the possession of the receiving Party
`merely because the Confidential Information is embraced by more general
`information in the public domain orin the possession of the receiving Party.
`Further, any combination of Confidential Information shall not be considered
`in the public domain orin the possession of the receiving Party merely
`because individual elements of such Confidential Information are in the
`public domain orin the possession ofthe receiving Party unless the
`combination andits principles are in the public domain or in the possession
`of the receiving Party.
`
`. Mutual Permitted Disclosures. Each Party may disclose Confidential
`Information to the extent that such disclosureis:
`
`i, made in responseto a valid order of a court of competentjurisdiction
`or other Governmental Entity or,if in the reasonable opinion of the
`receiving Party's legal counsel, such disclosure is otherwise required
`by Applicable Law,including by reasonoffiling with securities
`regulators; provided, however,that the receiving Party shall first have
`given notice to the disclosing Party and given the disclosing Party a
`reasonable opportunity to quash such orderor to obtain a protective
`order or confidential treatment order requiring that the Confidential
`Information and documents that are the subject of such order or are
`required by Applicable Law to be disclosed, as applicable, be held in
`confidence by such court or agencyor,if disclosed, be used only for
`the purposes for which the order wasissued or the disclosure was
`required by Applicable Law, as applicable; and provided, further, that
`the Confidential Information disclosed in response to such court or
`governmental ordershall be limited to that informationthatis legally
`required to be disclosed in response to such court or governmental
`order; or
`
`ii, made by or on behalf of the receiving Party or anyofits affiliates to its
`or their attorneys, auditors, advisors, consultants, contractors or any
`
`4
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`EXECUTION VERSION
`
`Governmental Entities or other Third Parties for use by such Person
`as may be necessary or reasonably useful in connection with the
`performanceofthe receiving Party's obligations hereunderor
`exercising the rights and licenses of the receiving Party hereunder;
`provided, however, that such persons (excluding any Governmental
`Entity) shall be subject to obligations of confidentiality and non-use
`with respect to such Confidential Information substantially similar to
`the obligations of confidentiality and non-use pursuantto this
`Section5, either by written agreementor through professional
`responsibility standards.
`
`6. Recordation and FurtherActions.
`
`a. The provisions of Section 5 notwithstanding, Assignor is hereby expressly
`authorized to record and register a summary of this Patent Assignment upon
`request by Assigneeorits licensee with the Commissionerfor Patents in the
`United States Patent and TrademarkOffice. Following the date hereof,
`Assignorshall take such steps and actions, and provide such cooperation and
`assistance to Assignee andits successors, assigns, and legal representatives,
`including the execution and delivery ofany affidavits, declarations, oaths,
`exhibits, assignments, powers of attorney, or other documents, as may be
`necessary toeffect, evidence, or perfect the assignmentof the Assigned
`Patents to Assignee, or any assignee or successorthereto.
`
`b. Assignor covenants and agreesthatit will, at any time upon request of
`Assignee, withoutcost or further compensation, execute and deliver any and
`all papers or instrumentsthat, in the reasonable opinion of the Assignee, may
`be necessary or desirable to secure said Assignee the full enjoymentof the
`rights and properties herein conveyed or intended to be conveyed bythis
`instrument, subject to the encumbrancesidentified above.
`
`7. Severability. If any provision of this Patent Assignment Agreementis held to be
`illegal, invalid, or unenforceable under any presentor future law,andif the rights or
`obligations of either Party underthis Patent Assignment Agreementwill not be
`materially and adversely affected thereby, (a) such provision shall befully
`severable, (b) this Patent Assignment Agreement shall be construed and enforced as
`if such illegal, invalid, or unenforceable provision had never comprised a part
`hereof, (c) the remaining provisionsof this Patent Assignment Agreementshall
`remain in full force and effect and shall not be affected by theillegal, invalid, or
`unenforceable provision or by its severance herefrom,and (d)in lieu of suchillegal,
`invalid, or unenforceable provision, there shall be added automatically as a part of
`this Patent Assignment Agreementa legal, valid, and enforceable provision as
`similar in termsto such illegal, invalid, or unenforceable provision as may be
`possible and reasonably acceptableto the Parties. To the fullest extent permitted by
`Applicable Law, each Party hereby waives any provision of Jaw that would render
`
`anyprovision hereofillegal,invalid,orunenforceableinanyrespect.
`:
`q-f-5F iJu. ETSie
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`EXECUTION VERSION
`
`8. Counterparts. This Patent Assignment Agreement may be executed in two or more
`counterparts, each of which shall be deemed an original, but all of which together
`shall constitute one and the same agreement. This Patent Assignment Agreement
`may be executed by facsimile or electronically transmitted signatures and such
`electronically delivered signatures shall be deemed to have the samelegaleffect as
`delivery of an original signed copy of this Patent Assignment Agreement.
`
`9. Governing Law and Service; Venue.
`
`a. Governing Law. This Patent Assignmentshall be governed by and
`construed in accordancewith the laws ofthe State of New York, excluding
`any conflicts or choice of law rule or principle that might otherwise refer
`construction or interpretation of this Agreementto the substantive law of
`anotherjurisdiction.
`
`b. Venue. Withoutlimiting Section 12(b), Section 12(d) or Assignor’s rights
`under Section 11, each Party (a) irrevocably submits to the sole and exclusive
`personaljurisdiction of the New York Federal Courts (as defined in Section
`12(b)) and New York State Courts (as defined in Section 12(b)), generally
`and unconditionally, with respect to any action,suit, arbitration, legal
`process, investigation, claim, proceeding (including enforcement
`proceeding), demand or othersimilar dispute or dispute resolution method
`(whetherfederal, state, local or tribal) (each, an “Action”) broughtbyit or
`againstit by the other Party; provided that such Action mustfirst be brought
`in New York Federal Courts and only if New York Federal! Courts do not have
`jurisdiction such Party shall bring such Action in New YorkState Courts, and
`(b) waives, to the fullest extent it may effectively do so, any objection,
`including any objection to the laying of venue or based on the groundsof
`forum non conveniensoranyright of objection to jurisdiction on account of
`its place of incorporation or domicile, which it may now or hereafter have to
`the bringing of any such Action in any NewYorkFederal Court or New York
`State Court.
`
`c. Service. Each Party further agrees that service of any process, summons,
`notice or documentby registered mail to its address setforth in
`Section 10(b) shall be effective service of process for any Action brought
`againstit under this Patent Assignment Agreementin any such court.
`
`10.Notices.
`
`a, Notice Requirements. Any notice, request, demand, waiver, consent,
`approval, or other communication permitted or required under this Patent
`Assignment Agreement shall be in writing, shall refer specifically to this
`Patent Assignment Agreement and shall be deemed given only if delivered by
`hand or by internationally recognized overnight delivery service that
`maintains records of delivery, addressed to the applicable Party at its
`
`:
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`EXECUTION VERSION
`
`respective address specified in Section 10(b) or to such other address as the
`Party to whom notice is to be given may have provided to the other Party in
`accordance with this Section 10. Such notice shall be deemed to have been
`given as of the date delivered by hand or transmitted by facsimile (with
`transmission confirmed) or on the second business day(at the place of
`delivery) after deposit with an internationally recognized overnight delivery
`service. Any notice delivered by facsimile shall be confirmed by a hard copy
`delivered as soon as practicable thereafter.
`
`b. Address for Notice.
`
`If to Assignor,to:
`
`If to Assignee, to:
`
`Saint Regis MohawkTribe
`Allergan, Inc.
`412 State Route 37,
`Morris Corporate Center III
`Akwesasne, NY 13655
`400 Interpace Parkway
`Parsippany, New Jersey07054_—Attention: Dale White, Esq.
`Attention: General Counsel
`General Counsel
`Facsimile: (862) 261-7923
`Telephone: 518.358.2272
`Email: dale.white@srmt-nsn.gov
`
`11, Dispute Resolution.
`
`12.Limited Waiver of Sovereign Immunity; Waiver of Tribal Courts and Forums.
`
`a. Limited Waiver of Sovereign Immunity.Neither Assignee nor any
`company, corporation, enterprise, authority, division, subdivision, branch or
`other agency, instrumentality or other government component of Assignee
`(each of the foregoing, including Assignee, a “Tribal Party") consents to any
`Action except that Assignee, on behalf of itself and each other Tribal Party,
`
`

`

`EXECUTION VERSION
`
`expressly and irrevocably waivesits and their sovereign immunity (and any
`defense based thereon) from any Action under, in connection with, or
`relating to or arising out of this Patent Assignment Agreement, including the
`performanceof, or the exercise of any rights under, this Patent Assignment
`Agreement, subject to the following conditions:
`
`the waiveris expressly limited to Actions brought by Assignoror its
`affiliates or its or their respective successors and permitted assigns
`(collectively, the "Grantees") against Assignee or any otherTribal
`Party with respect to the Transaction Documents and the
`Transactions;
`
`any Action is commenced within three years after the occurrence of
`the facts that are the primary basis of the Action,or if later, three
`years from the date those facts reasonably should have been
`discovered by the Grantee bringing the Action;
`
`ul.
`
`this limited waiver of sovereign immunity commencesonthe date
`hereof and continuesuntil the date that is the sixth anniversary of the
`date hereof, provided, however, such limited waiver remains effective
`for any Action pending on the sixth anniversary of the date hereof, all
`appeals therefrom and during the enforcementof any judgments
`resulting therefrom;
`
`. any Action shall only be to (A) interpret or enforce the provisions of
`this Patent Assignment Agreement, (B) award any damages or other
`relief in connection with any breach of a this Patent Assignment
`Agreement or any anticipated breach thereof, (C) enforce and execute
`any order, judgmentor ruling resulting from such an Action
`(including any other award), or (iv) enforce any rights under the
`Indian Civil Rights Act, 25 U.S.C. § 1301 et seq,;
`
`each Action mayseekall available legal and equitable remedies,
`including the right to specific performance, money damages and
`injunctive or declaratoryrelief; and
`
`vi.
`
`no order, judgment, ruling or other remedies related to an Action may
`be enforced against (A) any real property andinterests therein,
`including fixtures constituting real property, of a Tribal Party, (B) any
`asset of a Tribal Party against which it would beaviolation of federal
`law orstate law or anystate or federal grant program to enforce
`remedies, (C) any assets belonging to individual membersof Assignee,
`or (D) any assets that constitute “Recourse Assets” or any funds held
`in the “Exclusivity Contribution Reserve Account", in each case as such
`terms are defined in that certain Credit Agreement dated as of
`December28, 2016, among Assignee,certain of its direct and indirect
`
`vik gfe
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`EXECUTION VERSION
`
`subsidiaries and KeyBank National Association, as amended,restated,
`supplemented or replaced from timeto time (collectively, the assets
`described in the foregoing subclauses(i)-(iv) are herein referred to as
`“Protected Assets’),
`
`b. Consent to Jurisdiction of New York Courts. Subject to Sections 12(a) and
`12({j) and withoutlimiting Section 11(a), Assignee irrevocably and
`unconditionally submits, for itself, each other Tribal Party, and its and their
`respective property, to the exclusive jurisdiction of the United States District
`Court for the Southern District of New York, and any appellate court to which
`any appeals therefrom areavailable (collectively, the “New York Federal
`Courts”), or if those courts lack or decline jurisdiction over the action, then
`the Commercial Division of the courts of the State of New Yorksitting in the
`Borough of Manhattan in New York, NewYork, and any appellate court to
`which any appeals therefrom areavailable (collectively, the “New York State
`Courts”), in any Action under, in connection with, or relating to or arising out
`of this Patent Assignment Agreementorthe transactions contemplated
`hereby,or for recognition or enforcementof any judgment or order, and
`Assignee (on behalfofitself and each other Tribal Party) and each Grantee
`irrevocably and unconditionally agrees thatall claims in respect of any such
`Action may be heard and determined in such court. Assignee, on behalf of
`itself and each other Tribal Party, agrees that a final judgment in any such
`Action may be enforced by any court of competent jurisdiction and that any
`governmentor Governmental Entity that has the right and duty under
`Applicable Law may take any and all action authorized or ordered by any
`court of competentjurisdiction,includingentering the real property of
`Assignee, in giving effect to any judgmententered.
`
`Waiver of Exhaustion of Tribal Remedies, Assignee, on behalfofitself and
`each other Tribal Party, expressly waives, to the fullest extent it maylegally
`and effectively do so, any right it may otherwise have to require any Action
`be considered or heardfirst in any tribal court or forum of Assignee or any
`other Tribal Party, now or hereafter existing, whether because of the
`doctrine of exhaustion of tribal remedies or as a matter of comity or
`abstention,
`
`. Venue.Assignee, on behalf of itself and each other Tribal Party, irrevocably
`and unconditionally waives, to the fullest extent it may legally and effectively
`do so, any objection that it may now orhereafter haveto the laying of venue
`of any Action under, in connection with,or relating to or arising out of this
`Patent Assignment Agreementorthe transactions contemplated hereby in
`any New York Federal Court or New YorkState Court. Assignee, on behalf of
`itself and each other Tribal Party, irrevocably waives, to the fullest extent
`permitted by Applicable Law, the defense of an inconvenient forum to the
`maintenanceof such Action in any such court.
`
`:
`
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`4 -¥-
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`EXECUTION VERSION
`
`e. Service of Process. Assignee, on behalfof itself and each other Tribal Party,
`irrevocably consents to service of process madeto its General Counsel at the
`address and in the mannerspecified in Section 12, Nothing in any
`Transaction Documentwill affect the right of any Party hereto to serve
`process in any other manner permitted by Applicable Law.
`
`f. Enforcement of Judgments. For the purposesof this Patent Assignment
`Agreement, each of the Parties agrees that a final judgmentin any Action
`shall be conclusive and may be enforced in otherjurisdictions by suit on the
`judgment orin any other mannerprovided by Applicable Law.
`
`g. Law Governing Waiverof Sovereign Immunity,etc.All Parties agree that
`any Dispute arising underthe provisions hereofshall be resolved pursuant to
`the law specified in Section 9(a).
`
`h. Further Agreements Relating to the Limited Waiverof Sovereign
`Immunity. Assignee, on behalf of itself and each other Tribal Party, agrees
`that the limited waiver of sovereign immunity and other waivers described
`in this section are irrevocable and agrees not to revoke or furtherlimit, in
`whole orin part, the limited waiver of sovereign immunity or the waivers
`described in this section or in any way attemptto revokeor further limit, in
`wholeorin part, such limited waiver of sovereign immunity. If Assignee or
`any other Tribal Party (A) revokes,furtherlimits or attempts to revoke or
`further limit the limited waiver of sovereign immunity described in this
`section, (B) takes any action whichis inconsistent with the waivers described
`in this section, or (C) fails to submit to the jurisdiction of the courts as
`described in this section, Assignee, on behalf of itself and each otherTribal
`Party, consents to the entry of appropriate injunctiverelief, consistent with
`the terms and conditionsofthis Patent Assignment Agreement.
`
`i. No Other Waivers of Sovereign Immunity. Assignee represents thatit has
`not and will not waiveits or any other Tribal Party’s sovereign immunity in
`relation to any interpartes review or any other proceedingin the United States
`Patent & Trademark Office or any administrative proceeding that may be
`filed for the purposeofinvalidating or rendering unenforceable any Assigned
`Patents. For purposes of this Patent Assignment Agreement, no provision of
`this Patent Assignment Agreementshould be interpreted to constitute a
`waiver of Assignee's or any other Tribal Party’s sovereign immunity as to any
`inter partes review or similar proceedings.
`
`13, Entire Agreement; Amendments. This Patent Assignment Agreement, together
`with the Exhibit attached hereto, sets forth and constitutes the entire agreement and
`understanding between the Parties with respectto the subject matter hereof and all
`prior agreements, understandings, promises, and representations, whetherwritten
`or oral, with respect thereto are superseded hereby. Each Party confirmsthat it is
`not relying on any representations or warranties of the other Party except as
`
`i
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`g-B4!
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`EXECUTION VERSION
`
`specifically set forth in this Agreement. No amendment, modification,release, or
`discharge of any term or condition of this Agreement shall be binding on the Parties
`unless in writing and duly executed by an authorized representative of each Party.
`
`[SIGNATURE PAGE FOLLOWS]
`
`

`

`IN WITNESS WHEREOF,Assignor and Assignee have duly executed and delivered this
`Patent Assignmentasofthe Effective Date.
`
`Allergan,Inc.
`
`Signature:
`
`
`
`Name andTitle:A,RobertD.Bailey,President
`
`Date:
`
`AGREED TO AND ACCEPTED:
`
`SAINT REGIS MOHAWK TRIBE
`
`By:
`
`{
`
`Eric Thompson,Tribal Chief
`q-fae +
`
`Date:
`
` By:
`Beverly Cook/Tribal Chief
`DateOR
`By:
`LFis
`
`ichael Conners, Tribal Chief
`peeFafer
`
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`EXECUTION VERSION
`
`Exhibit A
`
`Assigned Patents
`
`
`
`
`
` Pus|5474979|12-Dec195|08/243279|17Mayoa|
`
`"us|5,981,607|9Nov-1999|09/008.924|20Jani998|SSS
`
`
`us[6479458[12-Nov-2002|10/005,829|8Novz001|SS
`
`
`[us|g629att|14van2014|13/967,163|14Aug2013.|
`
`
`[us|8633,162|2iJan-2014|137967179|14Augz0i3|S
`
`
`[us|9.642.556|4Feb204|13/967189|1¢Aug2013|SSS
`(us|8648.08[11-Feb-2014|137967168|1¢Aug2013|
`
`
`us[8.685.530|O1-Apr2014|13/961,898|O7Aug2013.|
`wesaat[eeroaois[wane[aia|
`
`
`eeCY
`
`
`us[|137961,818|07-Aug2013|Abandoned|
`
`
`Pus[=||13/961,808[07-Aug-2013|_Abandoned|
`
`us[seis[srpeea0i[veer|aeznpawn[
`
`
`
`[us[|-|157505320|3May2017|Pending
`[us[|-|-|15/011,159-[29.an2016|Abandoned
`
`
`
`us||__|607503,137|158ep-2003_|LapsedProvisional|
`aa
`us|7135455|14Now-2006)10/990,054_|15-Nov-2004
`
`
`-us|7,368,426|6May-2008|11/429.050|_S-May-2006_
`us[|_|117998,505|30Nov2007|Abandoned
`
`
`us[2/506612|2i-sur2009|Abandoned|
`
`
`us| 751085||107990055|15Nov20a|
`
`
`
`us7902.55|_|tia79.7a1|30dun2006|SSCS
`
`
`
`
`us[>|=|11181,509-|13.9u2005[Abandoned
`
`
`osCamasieoeaenCiera[aspesmo
`os[|__|eee|ivosaa|ataoned
`
`
`
`[us|7276476|2082007|ivisiie7|ayw205[CS
`
`oseins[as0s|abana
`
`a[
`
`

`

`EXECUTION VERSION
`
`Cus]7,288,520|30002007|11/2s5eo1|19062005[
`[us[2.563.518|22-00-2013|137536479|2esm202|SS
`us[9.101574[it-augao1s|11/1140|r3.1urz008[|
`us|+)arannen2|10-Aug2015|___Pending
`us|eainess|syu202|11/857.203|18Sep207|SCS
`us|asian[anovaui|issaams[OT
`[us|8575,108|sNov-2013|11/940,652|15Nov-2007|
`[us|896907|3-Mar20i5|14/071,427|4Nov2013
`psf_-_|wes[oats[rg
`us|ena0e|3mara0is|Taare|tsSep2013|
`
`us|7202209|1o-Aprao07|117181428|13-Jul-2005
`[us|8.536.134|17sep2013|117679934|28-Feb-2007
`
`ee
`us[750139[1oMarz009|uiiei2i8|27Ju205|S
`[us|8906861|9Deca04|12/361,335|28-an2009|SSCS
`[us|7.745.400|29Jun2010|11/548631_11002006.|S
`[us[=||13/966,744|14Aug2013|Abandoned
`[us|-|-|13/966,770|14-Aug2013|Abandoned
`[us|-|-|13/966,849|14-Aug2013|Abandoned
`ee
`[|__|137966.995|14Aug2013|Abandoned
`Pf|137957,722|2-Aug2013[Abandoned
`assg|And
`[us||-|13/957,796|2-aug2013_|Abandoned
`us[|137987858|23-Aug-2013|Pending|
`[us|-|_-|13/957,886|2-Avg2013_|Abandoned
`[us|8s01i74|GAug20i3|12/405,116|28Jun2010|
`us[|_|607596,709|14-00-2005|LapsedProvisional
`asasinpaoisan:[tae|
`us[samy|aesunzne|verses|enaamoy[
`
`us|-|_-|«07779,120|3:Mar2006|LapsedProvisional|osasec[ae[mossaan|
`
`[us|-|=_|1176s8,200|20ep2007|Abandoned
`us[|_-|127035.698[22-Feb-2008|Abandoned|
`
`

`

`EXECUTION VERSION
`
`
`
`Dare|SeuatNo,|FunoDare|Starws/Comanns_|aa[us[|__|60/a20.239|25Ju2006|LapsedProvisional
`[Coumir[ParmTNo,|Issue
`
`
`
`
`
`
`[us[=|__|60/829,796|17-0cr-2006|LapsedProvisional|
`aeS
`
`
`us||449.907|13Sep2014|Abandoned
`
`
`|617169,196|16-Ape.2009|LapsedProvisional
`
`
`=Paaim.ss2|0-Ape20i0|Abandoned|
`
`
`eprergeereg
`
`
`us|617174.824|1-May-2009|LapsedProvisional
`
`
`us[|__|61/347asi_|25:May-2010|LapsedProvisional
`us[815.764[25-May-2011|Abandoned
`
`
`[us||narsza.ss|2700204|Pending
`
`
`us[=|=|137969.468|16-Aug2013.|Abandoned
`us[97253965|16Apr2014|Abandoned|
`
`
`
`us[505155|23reb2016|‘Pending——_—|
`
`
`us[197969445|16-Aug-2013|Abandoned
`
`[us|-|-|14/253.137|15-Apr2014|Abandoned
`
`
`
`eea
`
`15
`
`Hy,
`a
`po. bo
`
`

`

`EXECUTION VERSION
`
`Schedule 3a
`
`Settlement Agreements
`
`. Settlement and License Agreement between Allergan, Inc. and Apotex, Inc. and
`Apotex Corp., dated December15, 2015.
`
`. Settlement and License Agreement between Allergan, Inc. and Argentum
`Pharmaceuticals LLC and KVK-Tech, Inc., dated December7, 2016.
`
`. Settlement and License Agreement between Allergan, Inc. and TWi Pharmaceuticals,
`Inc. and TWi Pharmaceuticals USA, Inc., dated January 11, 2017.
`
`. Settlement and License Agreement between Allergan, Inc. and Famy Care Limited,
`Lupin Adantis Holdings $.A., Lupin Pharmaceuticals, Inc. and Axar Pharmaceuticals,
`Inc., dated August 26, 2017.
`
`
`
`. Covenant Not to Sue, dated August 15, 2017, between Allergan, Inc. and Akom Inc.,
`Famy Care Ltd., InnoPharma, Inc., Mylan Pharmaceuticals Inc., Mylan Inc., and
`Teva Pharmaceuticals USA, Inc.
`
`. Covenant Notto Sue, dated August 27, 2017, between Allergan, Inc. and Akom, Inc.,
`InnoPharma, Inc., Mylan Pharmaceuticals Inc., Mylan Inc., and Teva Pharmaceuticals
`USA, Inc.
`
`16
`
`| LS
`
`