Real-Time Instrument Patent License Agreement Sample Contracts

Celera – Real-Time Instrument Patent License Agreement (June 16th, 2008)

This REAL-TIME INSTRUMENT PATENT LICENSE AGREEMENT (the Agreement) is entered into and made effective as of the 25th of April, 2006 (the Effective Date) by and among BECKMAN COULTER, INC., a Delaware corporation with its principal offices located at 4300 North Harbor Boulevard, Fullerton, California 92835 (the Licensee), and APPLERA CORPORATION, a Delaware Corporation, through its APPLIED BIOSYSTEMS group located at 850 Lincoln Centre Drive, Foster City, California 94404, and its CELERA GENOMICS group, located at 45 West Gude Drive, Rockville, Maryland 20850 (Licensor). Each of the parties to this Agreement shall be referred to individually as a Party and collectively as the Parties.

Celera – REAL-TIME INSTRUMENT PATENT LICENSE AGREEMENT First Amendment (June 16th, 2008)

This Amendment, effective June 27, 2006, is made by and between Applera Corporation, a corporation of the State of Delaware, through its Applied Biosystems Group, having an office at 850 Lincoln Centre Drive, Foster City, California 94404 and Celera Diagnostics, LLC, an indirectly wholly owned subsidiary of the Applera Corporation (Applera), and Cepheid, a corporation of the State of California having an office at 904 Caribbean Drive, Sunnyvale, California 94089 (Licensee) (each of Applera and Licensee, a Party and, collectively, the Parties). This Amendment is the first amendment to the Real-Time Instrument Patent License Agreement between the Parties having the Effective Date of April 5, 2004 (hereinafter the 2004 Agreement).

Celera – Real-Time Instrument Patent License Agreement (June 16th, 2008)

This Agreement, effective April 5, 2004 (the Effective Date), is made by and between Applera Corporation, a corporation of the State of Delaware, through its Applied Biosystems Group, having an office at 850 Lincoln Centre Drive, Foster City, California 94404 and Celera Diagnostics, LLC, an indirectly wholly owned subsidiary of the Applera Corporation (Applera), and Cepheid, a corporation of the State of California having an office at 904 Caribbean Drive, Sunnyvale, California 94089 (Licensee) (each of Applera and Licensee, a Party and, collectively, the Parties).

Celera – Real-Time Instrument Patent License Agreement (June 12th, 2008)

This Agreement, effective April 5, 2004 (the Effective Date), is made by and between Applera Corporation, a corporation of the State of Delaware, through its Applied Biosystems Group, having an office at 850 Lincoln Centre Drive, Foster City, California 94404 and Celera Diagnostics, LLC, an indirectly wholly owned subsidiary of the Applera Corporation (Applera), and Cepheid, a corporation of the State of California having an office at 904 Caribbean Drive, Sunnyvale, California 94089 (Licensee) (each of Applera and Licensee, a Party and, collectively, the Parties).

Celera – Real-Time Instrument Patent License Agreement (June 12th, 2008)

This REAL-TIME INSTRUMENT PATENT LICENSE AGREEMENT (the Agreement) is entered into and made effective as of the 25th of April, 2006 (the Effective Date) by and among BECKMAN COULTER, INC., a Delaware corporation with its principal offices located at 4300 North Harbor Boulevard, Fullerton, California 92835 (the Licensee), and APPLERA CORPORATION, a Delaware Corporation, through its APPLIED BIOSYSTEMS group located at 850 Lincoln Centre Drive, Foster City, California 94404, and its CELERA GENOMICS group, located at 45 West Gude Drive, Rockville, Maryland 20850 (Licensor). Each of the parties to this Agreement shall be referred to individually as a Party and collectively as the Parties.

Celera – REAL-TIME INSTRUMENT PATENT LICENSE AGREEMENT First Amendment (June 12th, 2008)

This Amendment, effective June 27, 2006, is made by and between Applera Corporation, a corporation of the State of Delaware, through its Applied Biosystems Group, having an office at 850 Lincoln Centre Drive, Foster City, California 94404 and Celera Diagnostics, LLC, an indirectly wholly owned subsidiary of the Applera Corporation (Applera), and Cepheid, a corporation of the State of California having an office at 904 Caribbean Drive, Sunnyvale, California 94089 (Licensee) (each of Applera and Licensee, a Party and, collectively, the Parties). This Amendment is the first amendment to the Real-Time Instrument Patent License Agreement between the Parties having the Effective Date of April 5, 2004 (hereinafter the 2004 Agreement).

Celera – Real-Time Instrument Patent License Agreement (May 1st, 2008)

This REAL-TIME INSTRUMENT PATENT LICENSE AGREEMENT (the Agreement) is entered into and made effective as of the 25th of April, 2006 (the Effective Date) by and among BECKMAN COULTER, INC., a Delaware corporation with its principal offices located at 4300 North Harbor Boulevard, Fullerton, California 92835 (the Licensee), and APPLERA CORPORATION, a Delaware Corporation, through its APPLIED BIOSYSTEMS group located at 850 Lincoln Centre Drive, Foster City, California 94404, and its CELERA GENOMICS group, located at 45 West Gude Drive, Rockville, Maryland 20850 (Licensor). Each of the parties to this Agreement shall be referred to individually as a Party and collectively as the Parties.

AMENDMENT No. 1 TO REAL-TIME INSTRUMENT PATENT LICENSE AGREEMENT (August 8th, 2007)

This Amendment (this Amendment), amending that certain Real-Time Instrument Patent License Agreement effective as of April 1, 2005 (the Agreement) entered into between Applera Corporation through its Applied Biosystems Group, 850 Lincoln Centre Drive, Foster City, CA 94404 (ABI) on the one hand and Bio-Rad Laboratories, Inc., 1000 Alfred Nobel Drive, Hercules, CA 94547 (BRL) and BRLs wholly owned subsidiary MJ Research, Inc., 590 Lincoln Street, Waltham, MA 02451 (MJR) on the other hand , is entered into by and between ABI on the one hand and BRL and MJR on the other hand on May 4, 2007 (the Amendment Date). Each of BRL, MJR and ABI is individually referred to as a Party and, collectively, as Parties.

Real-Time Instrument Patent License Agreement (May 9th, 2006)

This Agreement, is signed as of February 9, 2006 (the Signing Date) but is made effective as of April 1, 2005 (the "Effective Date"), by and between Applera Corporation, a corporation of the State of Delaware, through its Applied Biosystems Group, having an office at 850 Lincoln Centre Drive, Foster City, California 94404 ("ABI") on the one hand, and Bio-Rad Laboratories, Inc., having an office at 1000 Alfred Nobel Drive, Hercules, California 94547 (BRL) and BRLs wholly owned subsidiary MJ Research, Inc. ("MJR"), having an office at 590 Lincoln Street, Waltham, MA 02451, each of ABI, BRL and MJR hereafter referred to as a Party and, collectively, as Parties.

Real-Time Instrument Patent License Agreement (August 9th, 2004)

This Agreement, effective April 5, 2004 (the Effective Date), is made by and between Applera Corporation, a corporation of the State of Delaware, through its Applied Biosystems Group, having an office at 850 Lincoln Centre Drive, Foster City, California 94404 and Celera Diagnostics, LLC, an indirectly wholly owned subsidiary of the Applera Corporation (Applera), and Cepheid, a corporation of the State of California having an office at 904 Caribbean Drive, Sunnyvale, California 94089 (Licensee) (each of Applera and Licensee, a Party and, collectively, the Parties).