Free Motion for Leave to File - District Court of Arizona - Arizona

EXHIBIT 6
Case 2:04-cv—00400—PGR Document 81-8 Filed 12/15/2005 Page1 of 3

Firm Directory Printout
Kerner, Herbert V.
From: ngalasso[[email protected]]
Sent: Wednesday, December 17, 2003 4:43 PM
To: Kerner, Herbert
Cc: Anderson, Thomas; [email protected] `
Subject: Proposal
Herb,
Pursuant to our previous discussion, please find attached a draft proposal from Verve to Omron for your review and
comment. After you have had a chance to review, please feel free to call me to discuss.
Sincerely, `
Raymond M. Galasso
Verve LLC e U
. _ OMRON 00383
l/25/2005 . _
Case 2:04-cv—00400—PGR Document 81-8 Filed 12/15/2005 Page 2 of 3

K
CONFIDENTIAL DRAFT PROPOSAL FROM VERVE TO OMRON
Dear Herb,
It was great meeting with you last week to discuss Omron’s POS portfolio opportunity.
Per our discussion, Verve would like to provide additional options to Omron for
commercializing the POS portfolio.
Foremost, Verve would like to address the foreign counterparts to the four previously
assigned patents. As I mentioned, we have encountered some level of interest by several
targets to obtain a license to both these US patents and their foreign counterparts. As
such, Verve would like to act as an agent on behalf of Omron to license the foreign
counterparts. Compensation for executed licenses would parallel our previous
agreement. i
Verve would also like to propose acting as a licensing agent for the additional Omron
POS assets. Omron would provide Verve an exclusive right to license (with rights to
litigate and enforce) the patents for a period of x years and would allow Verve to license
the POS patents with select targets. A revenue share for each successful license will be
paid to Omron based on the following schedule and potential licensing scenarios:
Target Licenses/Recoveries For Verve currently owned POS gatents and corresgonding
Foreign Countergarts
I — Proceeds are distributed based on the previous Assignment Agreement
Target License/Recoveries For Omron currently owned POS gatents and/or Foreign
Countergarts
— Omron will receive 65% of Net Proceeds and Verve will receive 35% of Net Proceeds
Target Licenses/Recoveries For Combined Verve and Omron owned POS gatents
l and/or Foreign Countergarts
— 40% of Net Proceeds to be earmarked for the Verve owned assets (and corresponding
Foreign Counterparts). Omron shares in these proceeds based on our previous
Assignment Agreements.
— 60% of Net Proceeds to be earmarked for the Omron owned assets that Verve licenses. ·
Omron will receive 65% of this revenue and Verve will receive 35%.
Other Terms .
— Verve will receive 35% ofthe revenue generated for any renewed license wherein
Verve put into place the original license with a target.
- Verve will retain 25% of any future revenue generated by Omron owned assets upon
expiration of this proposed agreement. I
Please contact me at your earliest convenience to discuss.
Sincerely, OMRON 00384
Raymond M.Galasso For Verve LLC
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