Amendment No. 2 to Collaboration and License Agreement among SmithKline Beecham, Incyte Pharmaceuticals, and diaDeXus

Summary

This amendment, dated July 1998, modifies a prior Collaboration and License Agreement between SmithKline Beecham Corporation, SmithKline Beecham plc, Incyte Pharmaceuticals, Inc., and diaDeXus, LLC. The amendment specifically removes certain patents and patent applications, listed in an attached schedule, from the agreement because they are solely related to a specified area. All other terms of the original agreement remain unchanged. The amendment is effective upon execution by all parties.

EX-10.19 6 f67303a3ex10-19.txt EXHIBIT 10.19 1 EXHIBIT 10.19 CONFIDENTIAL TREATMENT REQUESTED ***** Certain information on this page has been The asterisked portions of this REDACTED FOR omitted and filed separately with the document have been omitted and are CONFIDENTIALITY Securities and Exchange Commission. filed separately with the Securities Confidential treatment has been requested and Exchange Commission. with respect to the omitted portions.

AMENDMENT NO. 2 TO COLLABORATION AND LICENSE AGREEMENT This Amendment No. 2 to Collaboration and License Agreement is made as of July __, 1998, by and among SmithKline Beecham Corporation, a Pennsylvania corporation with offices at One Franklin Plaza, Philadelphia, Pennsylvania 19101; SmithKline Beecham plc. an English corporation with its principal offices at New Horizons Court, Brantford, Middlesex, TW8 9SEP, England; Incyte Pharmaceuticals, Inc., a Delaware corporation with offices at 3174 Porter Drive, Palo Alto, California 94304; and diaDeXus, a Delaware limited liability company with offices at 3233 Scott Boulevard, Suite 102, Santa Clara, California 95054. The parties to this Amendment No. 2 are parties to a Collaboration and License Agreement, dated as of September 2, 1997, as amended by that certain Amendment dated as of February 28, 1998 (the "Collaboration Agreement"); NOW, THEREFORE, the parties hereby agree as follows: 1. Appendix C, "Incyte Diagnostic Patents", is hereby amended to delete the patents and patent applications listed in Attachment 1 to this Amendment No. 2, which patents and patent applications are solely related to ********** 2. Except as modified by this Amendment No. 2, the Collaboration Agreement remains in effect pursuant to its terms. IN WITNESS WHEREOF, the parties, through their authorized representatives, have executed this Amendment No. 2 as of the date first written above. SmithKline Beecham Corporation By /s/ [SIGNATURE ILLEGIBLE] ----------------------------- SmithKline Beecham plc By /s/ [SIGNATURE ILLEGIBLE] ----------------------------- Incyte Pharmaceuticals, Inc. By /s/ [SIGNATURE ILLEGIBLE] ----------------------------- diaDeXus, LLC By /s/ [SIGNATURE ILLEGIBLE] ----------------------------- 2 Attachment 1
File Patent Country Ref.# Type Filing Date Serial No. Issue Date No. Status - ------------------ ----- ---- ----------- ---------- ---------- ------ ------ Australia ***** DCA 02/14/90 ***** 07/19/94 ***** Issued Australia ***** DCA 08/13/91 ***** 06/29/95 ***** Issued Australia ***** DCA 09/28/92 ***** 02/27/96 ***** Issued Australia ***** DCA 07/01/94 ***** Pending Australia ***** DCA 04/29/94 ***** Pending Canada ***** DCA 02/14/90 ***** Pending Canada ***** DCA 08/13/91 ***** Pending Canada ***** DCA 09/28/92 ***** Pending Canada ***** DCA 07/01/94 ***** Pending Canada ***** DCA 04/29/94 ***** Pending European Patent CO ***** DCA 02/14/90 ***** Pending European Patent CO ***** DCA 08/13/91 ***** Pending European Patent CO ***** DCA 09/28/92 ***** Pending European Patent CO ***** DCA 07/01/94 ***** Published European Patent CO ***** DCA 04/29/94 ***** Pending Israel ***** DCA 02/12/90 ***** Pending Japan ***** DCA 02/14/90 ***** Pending Japan ***** DCA 08/13/91 ***** Pending Japan ***** DCA 09/28/92 ***** Pending Japan ***** DCA 07/11/94 ***** Pending Japan ***** DCA 04/29/94 ***** Pending South Korea ***** DCA 02/14/90 ***** Pending South Korea ***** DCA 08/13/91 ***** Pending New Zealand ***** DCA 02/13/90 ***** Pending
***** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 3 Attachment 1
File Patent Country Ref.# Type Filing Date Serial No. Issue Date No. Status - ------------------ ----- ---- ----------- ---------- ---------- ------ ------ United States ***** NEW 02/14/89 ***** Abandoned United States ***** CIP 08/13/90 ***** Abandoned United States ***** CIP 04/05/91 ***** 12/15/92 **** Issued United States ***** CIP 07/03/91 ***** Abandoned United States ***** DCA 05/21/93 ***** Abandoned United States ***** CIP 07/22/92 ***** Pending United States ***** CIP 07/02/93 ***** Abandoned United States ***** DCA 12/03/93 ***** Abandoned United States ***** CIP 04/30/93 ***** Abandoned United States ***** DCA 05/01/95 ***** Pending United States ***** CIP 01/22/90 ***** 02/18/92 Issued United States ***** DIV 12/14/92 ***** 05/03/94 Issued United States ***** DIV 12/14/92 ***** 08/02/94 Issued United States ***** CIP 09/27/91 ***** 08/10/93 Issued United States ***** CON 11/13/96 ***** Pending United States ***** CON 11/13/96 ***** Pending United States ***** CON 04/18/97 ***** Pending WIPO ***** CEQ 02/14/90 ***** Pending WIPO ***** CEQ 08/13/91 ***** Pending WIPO ***** CEQ 09/28/92 ***** Pending WIPO ***** CEQ 07/01/94 ***** Pending WIPO ***** CEQ 04/29/94 ***** Pending WIPO ***** CEQ 05/01/95 ***** Pending
***** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.