AGREEMENT
THIS AGREEMENT made this 12th day of October 1994, between BRUCE A
PASTORIUS, hereinafter referred to as "ASSIGNOR", and HOLOGRAPHICS, INC., a
Nevada corporation, hereinafter referred to as "ASSIGNEE".
WHEREAS, ASSIGNOR is the owner of assignment rights to certain patents
more particularly described in Exhibit "A" attached hereto and made a part
hereof, and
WHEREAS, ASSIGNEE desires to acquire said assignment rights in
furtherance of ASSIGNEE's commercial enterprises including, but not limited
to, the rapid verification of identification documents;
NOW, THEREFORE, it is agreed that:
1. ASSIGNEE will issue ASSIGNOR, ONE MILLION FOUR HUNDRED
THOUSAND (1,400,000) shares of common stock of ASSIGNEE upon the execution of
this Agreement.
2. ASSIGNOR agrees to assign to ASSIGNEE, all of his right, title
and interest in and to his assignment rights in the patents listed in Exhibit
"A" attached hereto and made a part hereof.
3. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
4. No assignment of this Agreement or any right accruing
hereunder shall be made in whole or in part by any party hereto without the
prior written consent of the other party.
5. This Agreement shall be binding upon and enure to the benefit
of the heirs, executors, successors and assigns of the respective parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
document on the date hereinabove set forth.
/s/ Bruce A. Pastorius
BRUCE A. PASTORIUS, ASSIGNOR
/s/ Bruce A. Pastorius
by: Bruce A. Pastorius, President
HOLOGRAPHICS, INC., ASSIGNEE
<PAGE>
EXHIBIT"A"
Patents
-------
1. Patent Number 5,095,194 issued by the United States Patent and
Trademark Office dated March 10, 1992 for HOLOGRAPHIC CREDIT CARD WITH
AUTOMATICAL AUTHENTIFICATION AND VERIFICATION.
2. Patent application dated July 27, 1993, Serial Number 08/097,530 for
METHOD AND SYSTEM FOR MULTIPLE ACCESS HOLOGRAPHIC CARD.
2
<PAGE>
ASSIGNMENT
I, JOSEPH S. BARBANELL, now residing San Francisco, California of the
United States of America, for good and valuable consideration, receipt of
which is hereby acknowledged, have assigned and do hereby assign to BRUCE A.
PASTORIUS, an individual residing at 4669 Hillside Drive Castro Valley,
California 94546 (hereinafter referred to as Assignee) his successors, assigns
and legal representatives, my ENTIRE RIGHTS, TITLES, and INTERESTS, including
without limitation any and all powers, options and past, present or future
contract rights in, of and to the subject matter invented by me and disclosed
and claimed in the following grants of LETTERS PATENT and APPLICATIONS for
grants of LETTERS PATENT of the United States of America and any and all
contracts:
1. LETTERS PATENT NO. 5,095,194, issued by the UNITED STATES OF
AMERICA on March 10, 1992, entitled: HOLOGRAPHIC CREDIT CARD WITH AUTOMATIC
AUTHENTICATION AND VERIFICATION on Application Serial No. 420,816, filed with
the United States Department of Commerce, Patent and Trademark Office on
OCTOBER 12,1987, and in and to any and all divisions, reissues, continuations
and extensions thereof;
2. LETTERS PATENT NO. 5,138,468, issued by the UNITED STATES OF
AMERICA on August 11, 1992, entitled: KEYLESS HOLOGRAPHIC LOCK on Application
Serial No. 473,89O filed with the United States Department of Commerce, Patent
and Trademark Office on February 2,1990, and in and to any and all divisions,
reissues continuations and extensions thereof; and
3. PATENT APPLICATION entitled: METHOD AND SYSTEM FOR MULTIPLE
ACCESS HOLOGRAPHIC CARD, Application Serial No. 08/097,530, filed by me on
JULY 27, 1993 with the United States Department of Commerce, Patent and
Trademark Office; and in and to any and all divisions, reissues, continuations
and extensions thereof, and in and to all corresponding applications for
Letters Patent and all Convention and Treaty Rights of any kind, in all
countries throughout the world, for all such subject matter.
I hereby authorize and request that the Patent Office Officials in the
United States and any and all foreign countries issue any and all of such
Letters Patent or similar documents, when granted, to such Assignee, as the
owner of the entire right, title and interest in, of and to the same, for the
sole use and enjoyment of the Assignee, and his successors and assigns.
ASSIGNMENT OF TITLE TO PATENT AND PATENT APPLICATIONS - PAGE 1 OF 2
<PAGE>
I further direct all attorneys, who may have possession of any documents,
records and writings reflecting work performed and/or conducted on my behalf
relating in anyway to the Patent Applications and Grants of Letters Patent
identified above to correspond with and to surrender possession of such
documents, records and writings to the Assignee, and his successors and
assigns upon demand.
In testimony whereof, I have hereunto set my hand this 17th day of
March, 1995 in SAN FRANCISCO, California.
Signature: /s/ Joseph Barbanell
Inventor: JOSEPH S. BARBANELL, Ph.D
Residence: San Francisco, California 95363
STATE OF CALIFORNIA :
:SS
COUNTY OF SAN FRANCISCO :
On this 17th day of MARCH 1995, before me, a Notary Public in and for
the State of California, personally appeared JOSEPH S. BARBANELL Ph.D., who
proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed
same in his authorized capacity, and that by his signature on the instrument,
the person, or entity, upon behalf of which the person acted, executed the
instrument.
Witness my hand and official seal.
/s/ H.M.T. Najmabadi
Notary Public, State of California
(SEAL) My commission expires:
<Stamped with notary seal of:
H.M.T. Najmabadi
Comm. #963556
Notary Public - California
City & County of San Francisco
My comm. Expires Arpil 5, 1996>
ASSIGNMENT OF TITLE TO PATENT AND PATENT APPLICATIONS - PAGE 2 OF 2
<PAGE>
ASSIGNMENT
We, DAN CIFELLI, and GARY ZELLERBACH represent and warrant that we have
the entire right, title and interest in those certain LETTERS PATENT NO.
5,138,468, issued by the UNITED STATES OF AMERICA on August 11, 1992,
entitled: KEYLESS HOLOGRAPHIC LOCK on Application Serial No. 473,890 filed
with the United States Department of Commerce, Patent and Trademark Office on
February 2,1990, and in and to any and all divisions, reissues, continuations
and extensions thereof pursuant an ASSIGNMENT recorded July 20, 1992 at Reel
6192 Frame 0186 in the Assignment Records maintained by the United States
Patent Office from 3D DAN, INC., a California corporation, which held title to
same pursuant an ASSIGNMENT recorded at Reel 5227 Frame 764 in the Assignment
Records maintained by the United States Patent Office from JOSEPH S.
BARBANELL, Ph.D., the inventor.
We, DAN CIFELLI, and GARY ZELLERBACH, for good and valuable consideration,
receipt of which is hereby acknowledged, have assigned and do hereby assign to
BRUCE A. PASTORIUS an individual residing at 4669 Hillside Drive Castro
Valley, California 94546 (hereinafter referred to Assignee) his successors,
assigns and legal representatives, my ENTIRE RIGHT, TITLE, and INTEREST,
including without limitation, any and all powers, options and past, present or
future contract rights in, of and to the subject matter invented by me and
disclosed and claimed in the LETTERS PATENT of the United States of America
NO. 5,138,468, issued by the UNITED STATES OF AMERICA on August 11, 1992,
entitled: KEYLESS HOLOGRAPHIC LOCK on Application Serial No. 473,890 filed
with the United States Department of Commerce Patent and Trademark Office on
February 2,1990, on behalf of Inventor, JOSEPH BARBANELL and in and to any and
all divisions, reissues, continuations and extensions thereof.
I hereby authorize and request that the Patent Office Officials in the
United States and any and all foreign countries issuing any and all of such
Letters Patent or similar documents of related or connected with the
identified Letters Patent to issue same to such assignee, as the owner of the
entire right, title and interest in, of and to the same, for the sole use and
enjoyment of the Assignee, and his successors and assigns.
I further direct all attorneys, who may have possession of any documents,
records and writings reflecting work performed and/or conducted relating in
anyway to the Patent Applications and Grant of Letters Patent identified above
to correspond with and to surrender possession of such documents, records and
writings to the Assignee, and his successors arid assigns upon demand.
In testimony whereof, I have hereunto set my hand this 24th day of March
1995 in Concord, California.
Signature: /s/ Dan Cifelli /s/ Gary Zellerbach
Assignor: DAN CIFELLI GARY ZELLERBACH
Residence:
STATE OF CALIFORNIA )
) SS.
COUNTY OF CONTRA COSTA )
On this 24th day of March, 1995, before me Notary Public in and for the
State of California, personally appeared DAN CIFELLI and GARY ZELLERBACH who
proved to me on the basis of satisfactory evidence to be the persons whose
names are subscribed to the within instrument, and acknowledged to me that
they executed same in their authorized capacities, and that by their
signatures on the instrument, the persons, or entity, upon behalf of which the
persons acted, executed the instrument.
Witness my hand and official seal.
<Notary Seal: /s/Victoria Brown
VICTORIA BROWN ---------------------
Comm. # I080728 Notary Public, State of California
NOTARY Public California My commission expires: June 19
Contra Costa County
Commissin expires Jun 19, 1998>
_____________________________________________________________________________
ASSIGNMENT OF TITLE TO PATENT AND PATENT APPLICATIONS - PAGE 1 OF 1
<PAGE>
AGREEMENT FOR
ASSIGNMENT OF U.S. PATENT NUMBER 5,138,468
THIS AGREEMENT made this 28th day of May, 1996, between BRUCE A.
PASTORIUS, hereinafter referred to as "Assignor", and APPLIED PRECISION
TECHNOLOGY, INC., a Nevada Corporation, hereinafter referred to as "Assignee".
WHEREAS, Assignor is the owner of assignment rights to U.S. Patent Number
5,138,468, more particularly described in Exhibit "A" attached hereto and made
a part hereof; and
WHEREAS, Assignee desires to acquire said assignment rights in
furtherance of Assignee's commercial enterprises including, but not limited
to, the rapid verification of an individual's identity in a cardless system,
specifically for computer security access and on-line financial transaction
approvals;
NOW, THEREFORE, it is agreed that:
1. Assignee will pay to Assignor the sum of $250,000 on or before
September 30, 1996. The due date may be extended for up to 12 months pending
the amount of funds to be raised by Assignee through its $1,000,000 private
placement offering to expire on August 31, 1996.
2. Upon payment of the sum of $250,000 and completion of the assignment
of subject U.S. Patent Number 5,138,468 by Assignor to Assignee, Assignor will
issue to Bruce A. Pastorius or his direction 2,140,000 shares of common stock
in Assignee.
3. This Agreement shall be governed by and construed in accordance with
the laws of the State of Nevada.
4. The Assignee may not assign this Agreement without the written consent
of the Assignor.
5. This Agreement shall be binding upon and enure to the benefit of the
heirs, executors, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this document on the
date set out above. This Agreement may be entered into in counterparts by
facsimile as though an original document.
/s/ Bruce A. Pastorius
--------------------------------
Bruce A. Pastorius, Assignor
/s/ James D. Homer
--------------------------------
James D. Homer, Secretary
Advanced Precision Technology, Inc.
<PAGE>
ASSIGNMENT
I, BRUCE A. PASTORIUS, now residing Livermore, California of the United
States of America, for good and valuable consideration, receipt of which is
hereby acknowledged, have assigned and do hereby assign to ADVANCED PRECISION
TECHNOLOGY, INC., a Nevada Corporation, doing business at 61-B Rickenbacker
Circle, Livermore, CA 94550 (hereinafter referred to as Assignee) its
successors, assigns and legal representatives, my ENTIRE RIGHTS, TITLES, and
INTERESTS, including without limitation, any and all powers, options and past,
present or future contract rights in, of and to the subject matter disclosed
and claimed in the following grants of LETTERS PATENT and APPLICATIONS for
grants of LETTER PATENTS of the United States of America and any and all
contracts:
1. LETTERS PATENT NO. 5,095,194, issued by the UNITED STATES OF AMERICA on
March 10, 1992, entitled: HOLOGRAPHIC CREDIT CARD WITH AUTOMATICAL
AUTHENTICATION AND VERIFICATION on Application Serial No. 420,816, filed with
the United States Department of Commerce, Patent and Trademark Office on
OCTOBER 12, 1987, and in and to any and all divisions, reissues,
continuations, and extensions, thereof;
2. LETTERS PATENT NO. 5,138,468, issued by the UNITED STATES OF AMERICA on
August 11, 1992, entitled: KEYLESS HOLOGRAPHIC LOCK on Application Serial No.
473,890, filed with the United States Department of Commerce, Patent and
Trademark Office on FEBRUARY 2, 1990, and in and to any and all divisions,
reissues, continuations, and extensions, thereof;
3. PATENT APPLICATION entitled: METHOD AND SYSTEM FOR MULTIPLE ACCESS
HOLOGRAPHIC CARD, Application Serial No. 08/097,530, filed JULY 27, 1993 with
the United States Department of Commerce, Patent, and Trademark Office; and in
and to any and all divisions, reissues, continuations and extensions thereof,
and in and to all corresponding applications for Letters Patent and all
Convention and Treaty Rights of any kind, in all countries throughout the
world, for all such subject matter.
I hereby authorize and request that the Patent Office Officials in the
United States and any and all foreign countries issue any and all of such
Letters Patent or similar documents, when granted, to such Assignee, as the
owner of the right, title and interest in, of and to the same, for the sole
use and enjoyment of the Assignee, and its successors and assigns. In
testimony whereof, I have set my hand this 15th day of December, 1999 in
LIVERMORE, California.
Signature: /s/ Bruce A. Pastorius
Assignor: Bruce A. Pastorius
Residence: Livermore, CA 94550
Accepted by: /s/ James D. Homer
James D. Homer, Secretary,
Assignee: ADVANCED PRECISION TECHNOLOGY, INC.
