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Exhibit 10.9
ASSIGNMENT
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OF
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PATENT APPLICATIONS
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WHEREAS, AIRONET WIRELESS COMMUNICATIONS, INC, a Delaware corporation
("Assignor"), having a place of business at 367 Ghent Road, Suite 300, Fairlawn,
OH 44333, is the owner of the entire right, title and interest in and to the
inventions, patent, and patent applications appearing on Appendix A attached
hereto, and the inventions of said patents and patent applications; and
WHEREAS, TELXON CORPORATION, a Delaware corporation ("Assignee"),
having a place of business at 3330 West Market Street, Akron, Ohio 44333, is
desirous of acquiring the entire right, title and interest in and to said
inventions, patents and patent applications;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, sald Assignor does hereby sell,
assign, transfer, grant and set over to said Assignee, its entire right, title
and interest in and to said inventions, patents and patent applications and all
Letters Patent to be obtained therefor on said patent applications or any
continuation, division, renewal, substitute, reissue thereof or patent term
extension therefor, for the full term or terms for which the same may be granted
or extended, and all Letters Patent and applications therefor throughout the
world, including all rights accruing by virtue of the International Convention
for the Protection of Industrial Property, the same to be held and enjoyed by
said Assignee for its
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own use and enjoyment and for the use and enjoyment of its successors or assigns
or other legal representatives, to the end of the term or terms for which said
Letters Patent are granted or may be reissued or extended, as fully and entirely
as the same would have been held and enjoyed by said Assignor if this Assignment
and sale had not been made; together with all claims for damages by reason of
past infringement of said Letters Patent, with the right to sue for, and collect
the same for its own use, and for the use of is successors, assigns or other
legal representatives.
Assignor hereby warrants that no assignment, sale, agreement or
encumbrance has been made or entered into, or license granted, which conflicts
with this Assignment and sale and covenants that no assignment, sale, agreement
or encumbrance will be made or entered into which would conflict with this
Assignment and sale;
Assignor further covenants that Assignee will, upon its request, be
provided promptly and all pertinent facts and documents relating to said
inventions, patents and patent applications as may be known and accessible to
Assignor and will testify as to the same in any interference or litigation
related thereto.
Assignor further covenants that Assignor will promptly execute and
deliver to Assignee or its legal representative confirmatory assignments
relating to said inventions, patents and patent applications prepared by
Assignee for recording by Assignee in the United States Patent and Trademark
Office and will promptly execute and deliver to the Assignee or its legal
representative any and all other papers, instruments or affidavits and take all
other actions required to apply for, obtain, maintain and enforce said
inventions, patents and patent applications which may be necessary or desirable
to carry out the purposes hereof.
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IN WITNESS WHEREOF, this Assignment has been duly executed as of March
30, 1998
AIRONET WIRELESS
COMMUNICATIONS, INC.
By: /s/ Roger J. Murphy, Jr.
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Roger J. Murphy, Jr.
President & CEO
STATE OF OHIO )
)SS
COUNTY OF SUMMIT )
On the 30th day of March, 1998, before me personally appeared Roger J.
Murphy, personally known to me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to this instrument, and
acknowledged to me that he executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year of this certificate first above written.
/s/ Jay R. Faeges
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Notary Public
JAY R. FAEGES
NOTARY PUBLIC, STATE OF OHIO
MY COMMISSION HAS NO EXPIRATION DATE
SECTION 147.03 R.C.
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APPENDIX A
U.S. PATENT APPLICATIONS
Title Filing Date Serial Number
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Interactive Customer Information 12/29/95 08/580,666
Terminal
Cellular Communication System with 2/27/97 08/810,328
Dedicated Repeater Channels
(End of Appendix A)