EXHIBIT 10.4(d)
ASSIGNMENT
WHEREAS, WE, Mark L. Witten, a citizen of the United States, residing at
7032 E. Rosewood Street, Tucson, Arizona 85710; and David T. Harris, a citizen
of the United States, residing at 4110 N. Alvernon Way, Tucson, Arizona 85718,
have invented certain new and useful improvements in the following matters for
which applications for Letters Patent have been filed on the dates indicated in
the United States:
Title Serial No. Filing Date
----- ----------- -----------
Substance P Treatment for Immunostimulation 60/022,063 July 23, 1996
Substance P Treatment for Immunostimulation 08/829,445, March 28, 1997
Substance P Treatment for Immunostimulation 09/028,003 February 23, 1998
Amelioration of Effects of Cigarette Smoke 60/406,036 August 27, 2002
Amelioration of Effects of Cigarette Smoke 10/645,839 August 22, 2003
and in other jurisdictions:
Title Serial No. Filing Date
----- ----------- -----------
Substance P Treatment for Immunostimulation PCT/US97/13146 July 8, 1997
Substance P Treatment for Immunostimulation 40464/97 July 8, 1997
Australia 737201 November 22, 2001
Substance P Treatment for Immunostimulation 97938049.0 July 8, 1997
European 0957930 March 24, 2004
Substance P Treatment for Immunostimulation Canada 2,261,885 July 8, 1997
Amelioration of Effects of Cigarette Smoke PCT/US2003/026250 August 22, 2003
and that Letters Patent have issued as indicated:
Title Patent No. Issue Date
----- ---------- ----------
Substance P Treatment for Immunostimulation US 5,945,508 August 31, 1999
Substance P Treatment for Immunostimulation US 5,998,376 December 7, 1999
Substance P Treatment for Immunostimulation Australia 737201 November 22, 2001
Substance P Treatment for Immunostimulation European 0957930 March 24, 2004
WHEREAS, ImmuneRegen BioSciences, Inc. a Delaware corporation, having a
place of business at 4021 N. 75th Street, Suite 201, Scottsdale, Arizona 85251,
is desirous of acquiring the entire right, title and interest in and to the
aforesaid inventions and in and to any Letters Patent of the United States or
any foreign country which may be granted therefor;
NOW THEREFORE, for good and valuable consideration, WE, Mark L. Witten
and David T. Harris, by these presents do sell, assign, and transfer unto
ImmuneRegen BioSciences, Inc. its successors, legal representatives and assigns,
our full right to the said inventions as described in the said applications, and
our entire right, title and interest in and to any and all Letters Patent which
may be granted therefor in the United States and its territorial possessions and
in any and all foreign countries and in and to any and all divisions, reissues,
continuations and extensions thereof;
AND WE HEREBY authorize and request the Commissioner of Patents and
Trademarks or any other proper officer or agency of any country to issue all
said Letters Patent to said assignee;
AND WE HEREBY warrant and covenant that we have full right to convey our
entire interest herein assigned and that we have not executed and will not
execute any instrument or assignment in conflict herewith;
AND WE HEREBY agree to communicate to said assignee or its
representatives any facts known to us respecting said invention, to execute all
divisional, continuation, reissue and foreign applications, sign all lawful
documents and make all rightful oaths relating to said invention, and to testify
in any judicial or administrative proceeding and generally do everything
possible to aid the said assignee to obtain and enforce said Letters Patent in
the United States or any foreign country when requested so to do by said
assignee.
IN WITNESS WHEREOF, WE have hereunto set our hand and seal.
Date: February 23, 2005 Inventor: /s/ Mark L. Witten
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Mark L. Witten
Date: February 25, 2005 Inventor: /s/ David T. Harris
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David T. Harris