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Third Amendment To Patent Transfer Agreement

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Sectors: Biotechnology / Pharmaceuticals
Effective Date: February 12, 2009
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THIS IS A THIRD AMENDMENT, dated as of February 12, 2009, to that certain PATENT TRANSFER AGREEMENT dated as of May 11, 2005 (the "Patent Transfer Agreement") by and between Bayer Schering Pharma AG, a German corporation having its principal place of business in Mfcllerstradfe 178, 13353 Berlin, Germany (hereinafter referred to as "BSP") and Acusphere, Inc., a Delaware corporation having its place of business at 500 Arsenal Street, Watertown, MA 02472, USA (hereinafter referred to as "Acusphere")

WHEREAS, BSP (formerly acting under the name Schering Aktiengesellschaft) and Acusphere entered into the Patent Transfer Agreement on May 11, 2005, pursuant to which certain patent rights were transferred from BSP to Acusphere;

WHEREAS, the Patent Transfer Agreement has been amended by a First Amendment to Patent Transfer Agreement, dated April 27, 2007 (the "First Amendment") and
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