Form: 10-Q

Quarterly report pursuant to Section 13 or 15(d)

August 7, 2024

 

Exhibit 10.2

 

AMENDMENT 2

to the

PATENT ASSIGNMENT AGREEMENT

 

This Amendment 2, by and between SpinalCyte LLC, a Texas limited liability company (“SpinalCyte”), and FibroBiologics, Inc., a Delaware corporation (“FibroBiologics”), (“Amendment 2”), amends the Patent Assignment Agreement dated May 17, 2021, entered into by and between SpinalCyte and FibroBiologics (as amended, the “Assignment”), and is effective as of May 17, 2021 (“Effective Date”). FibroBiologics and SpinalCyte are each referred to individually as a “Party” and collectively as the “Parties.”

 

RECITALS

 

WHEREAS, SpinalCyte is the owner of all right title and interest in and to certain Patents, as defined in the Assignment;

 

WHEREAS, FibroBiologics is further developing Patents obtained from SpinalCyte through the Assignment;

 

WHEREAS, FibroBiologics purchased and received from SpinalCyte all right, title and interest in the Patents through the Assignment; and

 

WHEREAS, the Parties inadvertently omitted certain patents and patent applications from Exhibit A to the Assignment and now SpinalCyte wishes to transfer all right, title and interest in the omitted patents and patent applications to FibroBiologics for further development.

 

NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:

 

 
 

 

1. Exhibit A to the Assignment is hereby amended to add the following patents and patent applications:

 

Docket Number   Country   Appl. No.   Date Filed   Patent No.   Title
AMTK.P0024AU   Australia               TREATMENT OF CACHEXIA USING FIBROBLAST CELLS AND PRODUCTS THEREOF
AMTK.P0024CA   Canada               TREATMENT OF CACHEXIA USING FIBROBLAST CELLS AND PRODUCTS THEREOF
AMTK.P0024EP   European Patent Office               TREATMENT OF CACHEXIA USING FIBROBLAST CELLS AND PRODUCTS THEREOF
AMTK.P0024JP   Japan               TREATMENT OF CACHEXIA USING FIBROBLAST CELLS AND PRODUCTS THEREOF
AMTK.P0024US   United States of America   17/309177   5/3/2021       TREATMENT OF CACHEXIA USING FIBROBLAST CELLS AND PRODUCTS THEREOF
AMTK.P0024US.Pl   United States of America   62/755542   11/4/2018       TREATMENT OF CACHEXIA USING FIBROBLAST CELLS AND PRODUCTS THEREOF
AMTK.P0024WO   Patent Cooperation Treaty   PCT/US2019/059678   11/4/2019       TREATMENT OF CACHEXIA USING FIBROBLAST CELLS AND PRODUCTS THEREOF
AMTK.P0026AU   Australia               REGENERATIVE ABSCOPAL EFFECTS
AMTK.P0026CA   Canada               REGENERATIVE ABSCOPAL EFFECTS
AMTK.P0026EP   European Patent Office   19881814.8           REGENERATIVE ABSCOPAL EFFECTS
AMTK.P0026JP   Japan               REGENERATIVE ABSCOPAL EFFECTS
AMTK.P0026US   United States of America   17/309207   5/6/2021       REGENERATIVE ABSCOPAL EFFECTS
AMTK.P0026US.Pl   United States of America   62/757764   11/9/2018       REGENERATIVE ABSCOPAL EFFECTS
AMTK.P0026WO   Patent Cooperation Treaty   PCT/US2019/060397   11/8/2019       REGENERATIVE ABSCOPAL EFFECTS

 

All other terms and conditions of the Assignment shall remain in full force and effect and no other changes are made as a result of this Amendment 2.

 

[Signature Page Follows]

 

 
 

 

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment 2 to be executed by their duly authorized officers to be effective as of the Effective Date.

 

FibroBiologics, Inc.  
     
/s/ Pete O’Heeron  
Name: Pete O’Heeron  
Title: Chief Executive Officer  
Date: 8/5/2024  
     
Spinalcyte, LLC  
     
/s/ Pete O’Heeron  
Name: Pete O’Heeron  
Title: Manager  
Date: 8/5/2024