”imifililifl’”“Ilini'iriii‘filiKiln—iii!"[I
` Form”04595
`
`
`(Rev. 03/01)
`
`' ‘ *
`1 02220835
`OMB No. 0651 -0027 (exp. 5/31/2002)
`V
`V
`v
`v
`V
`V
`Tab settin-s C? 12> |=>
`'
`To the Honorable Commissioner of Patents and Trademarks: Please record the attached original documents or copy thereof.
`
`'
`
`1.8. DEPARTMENTOF COMMERCE
`
`
`
`US. Patent and Trademark Office
`
`
`
`1. Name of conveying party(ies):
`
`Viatris GmbH & Co. KG
`
`'-
`
`__________
`
`Additional name(s) of conveying partyfies) attached? Q Yes g No
`
`3. Nature of conveyance:
`
`fl Assignment
`
`Q; Merger
`
`265 Davidson Avenue
`
`6. Total number of applications and patents involved:
`
`
`07,(0~02,
`
`
`—————
`
`
`
`
`
`
`Street Address:
`1;; Change of Name
`E}; Security Agreement
`
`
`
`
`City'___Somerset_____State:__Ijg__ Zip:_08875
`
`
`
`Execution Date:
`__§_u_gust 16, 2002
`Additional name(s) & address(es) attached? [:1 Yes W No
`4, Application number(s) or patent number(s):
`
`
`If this document is being filed together with a new application, the execution date of the application is:____
`
`
`B. Patent No.(s) 2086050' 5110814;
`A. Patent Application No.(s)
`
` 5164194; 5232919; 5271946
`
`
`
`Additional numbers attached? [a Yes w No
`
`
`5. Name and address of party to whom correspondence
`
`
`concerning document should be mailed:
`
`Name:"_Donna R Gasiorowski
`7. Total fee (37 CFR 3.41)
`
`
`‘
`
`m; Enclosed
`
`
`
`m3 Authorized to be charged to deposit-upcougt
` 3i.
`———————————
`any over or underpayment
`
`
`
`
`Street Address:
`20—O— East Randolph Drive
`22-0440
`
`
`
`
`
`
`
`8. Deposit account number:
`
`is a true copy of the original document.
`Donna R. Gasiorowski
`
`
`
`39683—3-AP
`
`DO NOT USE THIS SPACE
`
`
`
`9. Statement and signature.
`,;
`
`
`To the best ofmyknowledge andbelief, the foregoing izformation is
`ue and correct and any att hedcop r
`
`
`Signature
`Name of Person Signing
`Total number of ”ass includino cover sheet, attachments, and documents: -:
`
`
`
`Mail documents to be recorded with required cover sheet information to:
`Commissioner of Patents & Trademarks. Box Assignments
`Exhibit 1157
`Exhibit 1157
`Washington. no. 20231
`IPR2017-00807
`g E
`IPR2017-00807
`ARGENTUM
`ARGENTUM
`g 3'
`PATENT
`REEL: 013269 FRAME: 0141
`
`000001
`
`000001
`
`

`

`EXHIBIT 3.3
`
`Execution Copy
`
`W
`
`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,
`USA (“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 and to 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)
`VIATRIS does hereby sell, 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 may be 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
`Phannaceuticals/ASTA Medica, LLC to VIATRIS pursuant
`to Section 2.4 of that certain
`agreement between VIATRIS, Medpointe Healthcare, Inc. and Wallace Phannaceuticals/ASTA
`Medica, LLC), damages or payments due or payable as of the Consummation Date or thereafter,
`including, without
`limitation, all claims for damages by reason of past, present or future
`infringement or other unauthorized use of the Patents in the United States and/or in Canada, with
`the right 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 Agreeme t to which
`
`2002).
`
`U
`
`
`
`this Schedule III to Exhibit A is attached is consummated by the parties thereto (1.2., 5M, .01 £10 ,
`
`
`
`VIATRIS authorizes and requests the United States Commissioner of Patents and y ?
`Trademarks, and governmental official or agency performing the same function for Canada,"t
`'
`record MedPointe as owner of the Patents, including any continuations, divisions, continuation -
`in-part, reissues, reexarninations 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, that it
`
`K:\Habetha\Advent\Documents\MedpointeUV AssetsUPA
`Amendmennpalent assignmenfl JWH)_0208 1 5_clean_final.doc
`
`000002
`
`PATENT
`REEL: 013269 FRAME: 0142
`
`000002
`
`

`

`has full right to assign all of its interests therein, and that it has not executed and will not execute
`any agreement or other instrument in 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): ( l) in the prosecution
`or defense of any interference, opposition,
`reexamination, reissue,
`infringement or other
`proceedings that may arise in connection with any of the patent rights assigned herein, including,
`but not limited to, testifying as to any facts relating to the patent rights assigned herein and/or to
`this Assignment; and (2) in the implementation or perfection of this Assignment.
`
`This Assignment is governed, as far as the transfer of title to the Patents is concerned, by
`the laws applicable to each of the Patents, and with respect to any other matter contained in this
`Assignment by 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.
`
`*
`
`*
`
`*
`
`*
`
`000003
`
`PATENT
`REEL: 013269 FRAME: 0143
`
`000003
`
`

`

`EXHIBIT 3.3
`
`Execution Copy
`
`IN WITNESS WHEREOF, VIATRIS and MedPointe have caused this Assignment to be
`signed and executed by the undersigned officers thereunto as of the date first written above.
`
`VIATRIS GMBH & CO. KG
`
`By:
`
`308
`
`. ")1-
`
`Name:
`
`[1 t' I
`
`'
`
`e.
`
`Title:W
`
`MEDPOINTE HEALTHCARE INC.
`
`—
`
`By: 4 :E?%
`
`Name: MW EEK-M:
`Title:
`RA
`
`000004
`
`PATENT
`REEL: 013269 FRAME: 0144
`
`000004
`
`

`

`EXHIBIT 3.3
`
`Execution Copy
`
`/
`
`ANNEX A
`
`US PATENTS
`
`US. 5,086,050
`
`US. 5,110,814
`
`US. 5,164,194
`
`US. 5,232,919
`
`US. 5,271,946
`
`K:\Habelha\Advent\DocumenMMedpoinleUV AsselsUPA
`Amendmenfipatenl assognmentUWHLOZOB‘l5_clean_final.doc
`Annex A, Page 1
`
`000005
`
`PATENT
`REEL: 013269 FRAME: 0145
`
`000005
`
`

`

`EXHIBIT 3.3
`
`Execution Copy
`
`ANNEX B
`
`CANADIAN PATENTS
`
`CA 2016089
`
`CA 2007480
`
`CA 1319322
`
`CA 1317595
`
`CA 1325976
`
`K:\Habema\Advent\Documentswedpoimeuv AsseBuPA
`Amen dmenhpalem assignmenn JW H)_02081 5_clean_flnal. doc
`
`Annex B, Page 1
`
`000006
`
`PATENT
`REEL: 013269 FRAME: 0146
`
`000006
`
`

`

`For true copy
`
`Basle, on this 19th (nineteenth) August 2002 (two thousand and two)
`
`Leg. Prot. M Z /2002
`
`
`
`71-- K‘M/ L 66‘" L/
`
`U0 a
`
`/
`
`‘
`
`RECORDED: 09/10/2002
`
`000007
`
`PATENT
`REEL: 013269 FRAME: 0147
`
`000007
`
`