ORCHID BIOSCIENCES, INC. HAS REQUESTED THAT THE MARKED PORTIONS OF THIS DOCUMENT BE
ACCORDED CONFIDENTIAL TREATMENT PURSUANT TO RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF
1934, AS AMENDED.
[*] CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS.
This Settlement Agreement (“Agreement”) is entered into as of 6 th day of August, 2002, by and between SAINT LOUIS
UNIVERSITY, a non-profit organization organized and existing under the laws of the State of Missouri (“SLU”), and ORCHID
BIOSCIENCES, INC., a Delaware Corporation (“ORCHID”).
WHEREAS , ORCHID commenced a declaratory judgment action in the United States District Court for the Southern
District of California that was transferred to the United States District Court for the Eastern District of Missouri (Civil Action
No. 4:02CV00179JCH, U.S.D.C., E.D. of MO) against SLU (the “Action”) in connection with the parties’ rights and obligations
with respect to U.S. Patent No. 5,846,710 (the “‘710 Patent”); and
WHEREAS, SLU filed a counterclaim against ORCHID alleging patent infringement of the ‘710 Patent.
WHEREAS, the parties each have denied any liability for the allegations contained in the Action and wish to resolve their
disputes on the terms and subject to the conditions therein;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, and other
good and valuable consideration, the sufficiency of which are hereby acknowledged, and in full satisfaction of all claims alleged
by the parties in the Action, it is hereby agreed as follows:
1. Assignment .
1.1 Subject to the terms and conditions herein set forth, SLU hereby assigns, transfers and sets over to ORCHID the
entire right, title and interest of SLU in and to the ‘710 Patent, including: (i) any license agreements with respect to the
‘710 Patent as listed on the attached Exhib