US-j13- 200oF,
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`HAiyiliiiniiilithlil[
`RECO
`FormPTO-1595
`J.S. DEPARTMENTOF COMMERCE
`
`
`
`U.S. Patent and Trademark Office
`(Rev. 03/01)
`
`
`Bore 1 02220835
`OMB No. 0651-0027 (exp. 5/31/2002)
`
`
`v
`v
`Vv
`Tab settings DOS v
`v
`v
`v
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`
`
`To the Honorable Commissioner of Patents and Trademarks: Please record the attached original documents or copy thereof.
`
` Name: MedPointe Healthcare,
`
`2. Name and addressof receiving party(ies)
`1. Name of conveying party(ies):
`
`Inc.|
`
`Q-10-02
`Internal Address:
`
`
`
`
`Additional name(s) of conveying party(es) attached? La Yes K3 No|——————-——-—_---
`
`3. Nature of conveyance:
`
`
`
`ySaF Assignment Ty Merger
`Street Address:
`265 Davidson Avenue
`
`[; Security Agreement Ga Change of Name
`
`
`Suite 300
`
`Cy Other__
`
`
`
`City:__5Somersett_State: NJZip:£08875
`
`
`Execution Date: August16, 2002 Additional name(s) & addresses) attached? Co Yes A, No
`4. Application number(s) or patent number(s):
`
`
`If this documentis being filed together with a new application, the execution date of the application is:__.-=
`5164194; soa8Soss 5271946
`A. Patent Application No.(s)
`B. Patent No.(
`5086050; 5110814;
`
`
`
`Additional numbers attached? Gy Yes Kf No
`
`
`
`5. Name and address of party to whom correspondence
`|6. Total number of applications and patents involved:
`concerming document should be mailed:
`
`
`Name:__DonnaR.Gasiorowski 7. Total fee (37 CFR3.41)....0.000...925s
`
`
`
`(ly Enclosed
`
` Internal Address:
`
`Authorized to be charged to depositepcourt a
`
`~~ any over or underpayment 4 Miranda Biven,
`
`
`
`
`
`
`KIRKLAND & ELLIS
`8. Deposit account number:
`
`
`
`Street Address:
`299 East Randolph Drive
`
`
`22-0440
`mn
`
`
`City, Chicago
`State
`IL Zip:___60601|
`
`DO NOT USE THIS SPACE
`
`
`9, Statement and signature.
`Tothebestofmyknowledge andbelief, the foregoingfeis
`true andcorrectandanyattgChedcopy
`
`
`
`Signature
`Name of Person Signing
`Totai numberof pagesincluding cover sheet, attachments, and documents:LZal
`
`
`
`Mail documents to be recorded with required cover sheet information to:
`Commissioner of Patents & Trademarks, Box Assignments
`Exhibit 1157
`Exhibit 1157
`Washington, D.C. 20231
`IPR2017-00807
`Es
`IPR2017-00807
`ARGENTUM
`ARGENTUM
`& =
`PATENT
`REEL: 013269 FRAME: 0141
`
`is a true copy of the original document.
`Donna R. Gasiorowski
`
`39683-3-AP
`
`000001
`
`Viatris GmbH & Co. KG
`
`
`
`
`
`000001
`
`

`

`EXHIBIT3.3
`
`Execution Copy
`
`SCHEDULEI]
`
`PATENT ASSIGNMENT
`
`:
`
`THIS PATENT ASSIGNMENT(“Assignment”) is made and entered into as of this 16th
`day of August 2002, by and between VIATRIS GmbH & Co. KG,a limited partnership
`organized and existing under the laws of Germany, having offices at Weismuellerstrasse 45,
`60314 Frankfurt am Main, Germany (“VIATRIS”), and MedPointe Healthcare Inc., a Delaware
`corporation with principal offices at 265 Davidson Avenue, Suite 300, Somerset NJ 08875,
`U.S.A (“MedPointe”).
`
`WHEREAS, VIATRIS is the sole and exclusive owner of the entire right, title and
`interest in, to and under those United States patents identified and set forth on Annex A,and the
`
`those Canadian patents identified and set forth on Annex B (the “Patents”); and
`
`WHEREAS, MedPointe wishes to acquire and VIATRIS wishes to assign all right, title
`and interest in andto the Patents.
`
`NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of
`which are hereby acknowledged, effective as of the Consummation Date (as defined below)
`VIATRISdoes herebysell, assign, transfer and set over to MedPointe, the entire right, title and
`interest in and to the Patents,
`including any continuations, divisions, continuations-in-part,
`reissues, reexaminations, or extensions thereof; and including the subject matter of all claims
`which maybe obtained therefrom for its own use and enjoyment, and for the use and enjoyment
`of its successors, assigns or other legal representatives, as fully and entirely as the same would
`have been held and enjoyed by VIATRIS if this Assignment and sale had not been made;
`together with
`all
`income,
`royalties
`(except
`for
`the
`royalties
`owed
`by Wallace
`Pharmaceuticals/ASTA Medica, LLC to VIATRIS pursuant
`to Section 2.4 of that certain
`agreement between VIATRIS, Medpointe Healthcare, Inc. and Wallace Pharmaceuticals/ASTA
`Medica, LLC), damages or payments due or payable as of the Consummation Dateor thereafter,
`including, without
`limitation, all claims for damages by reason of past, present or future
`infringementor other unauthorized use of the Patents in the United States and/or in Canada, with
`the mght to sue for, and collect the same for its own use and enjoyment, and for the use and
`enjoyment of its successors, assigns, or other legal representatives. “Consummation Date” as
`used in this Assignment shall mean the date on which the Interest Purchase Agreement to which
`
`ww
`
`2002).
`
`v
`
`
`Y
`this Schedule II] to Exhibit A is attached is consummated bythe parties thereto (i.e., Bs at Ww,
`cf
`
`
`VIATRIS authorizes and requests the United States Commissioner of Patents dnd
`}v-
`Trademarks, and governmentalofficial or agency performing the same function for Canada; toy”
`record MedPointe as ownerofthe Patents, including any continuations, divisions, continuations-
`in-part, reissues, reexaminations or extensions thereof, for the sole use and enjoyment of
`MedPointe,its successors, assigns or other legal representatives.
`
`VIATRIS hereby represents and warrants that its right, title and interest in and to the
`Patents set forth on Annexes A and B, are free and clear of any liens and encumbrances,thatit
`
`K:\Habethal\Advent\Documents\MedpointeVV Assets\IPA
`Amendmentipatent assignment JWH)_020815_ciean_final.doc
`
`000002
`
`PATENT
`REEL: 013269 FRAME: 0142
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`000002
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`

`

`has full right to assign all ofits interests therein, and that it has not executed and will not execute
`any agreementor other instrumentin conflict herewith.
`
`legal
`assigns or other
`successors,
`its
`VIATRIS shall provide to MedPointe,
`representatives, cooperation and assistance at MedPointe’s request and expense (including the
`execution and delivery of any and all affidavits, declarations, oaths, exhibits, assignments,
`powers of attorney or other documentation as may be reasonably required): (1) in the prosecution
`or defense of any interference, opposition,
`reexamination, reissue,
`infringement or other
`proceedings that mayarise in connection with any ofthe patentrights assigned herein, including,
`but notlimited to, testifying as to any facts relating to the patent rights assigned herein and/orto
`this Assignment; and (2) in the implementation or perfection of this Assignment.
`
`This Assignment is governed, as far as the transferoftitle to the Patents is concerned, by
`the laws applicable to each of the Patents, and with respect to any other matter contained in this
`Assignmentby the laws of the State of New York, U.S.A.
`
`This Assignment may be executed in counterparts, each of which shall be deemed an
`original, but all of which together shall constitute one and the same instrument.
`
`kk ke
`
`000003
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`PATENT
`REEL: 013269 FRAME: 0143
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`000003
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`

`

`EXHIBIT 3.3
`
`Execution Copy
`
`IN WITNESS WHEREOF,VIATRIS and MedPointe have caused this Assignmentto be
`signed and executed by the undersigned officers thereuntoas ofthe date first written above.
`
`VIATRIS GMBH & CO. KG
`
`By:
`
`se i
`
`Name:
`nel
`tn
`
`Title:Atreves-afle
`
`MEDPOINTE HEALTHCARE INC.
`
`~
`
`Name:Abreoes Boban
`Title:
`RA
`
`By: viders Se
`
`000004
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`PATENT
`REEL: 013269 FRAME: 0144
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`000004
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`

`

`EXHIBIT3.3
`
`Execution Copy
`
`ANNEX A
`
`U.S. PATENTS
`
`US. 5,086,050
`
`U.S. 5,110,814
`
`USS. 5,164,194
`
`U.S. 5,232,919
`
`US. 5,271,946
`
`K:\HabethalAdventiDocuments\Medpointe\V Assets\IPA
`Amendmentipatent assignment(JW )_020815_clean_final.doc
`Annex A, Page 1
`
`000005
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`PATENT
`REEL: 013269 FRAME: 0145
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`000005
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`

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`EXHIBIT 3.3
`
`Execution Copy
`
`ANNEX B
`
`CANADIAN PATENTS
`
`CA 2016089
`
`CA 2007480
`
`CA 1319322
`
`CA 1317595
`
`CA 1325976
`
`K:\Mabetha\adventiDocuments\MedpointeWV Assels\IPA
`Amendmentipatent assignment( JWH)_020815_clean_final.doc
`Annex B, Page 1
`
`000006
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`PATENT
`REEL: 013269 FRAME: 0146
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`000006
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`

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`For true copy
`
`Basle, on this 19th (nineteenth) August 2002 (two thousand and two)
`
`Leg. Prot. 4412/2002
`
`
` BS
`
`
`a 4 Hichar C La. L,
`
`
`
`[/o les
`
`,
`
`,
`
`RECORDED: 09/10/2002
`
`000007
`
`PATENT
`REEL: 013269 FRAME: 0147
`
`000007
`
`