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ANNUAL INFORMATION FORM – XEBEC ADSORPTION INC. – For ...

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with all H-6200 customers, as well as for manufacturing and order fulfillment. The commercial<br />

gain from the sale of H-6200 units will be shared between Xebec and EMRE in proportion to the<br />

contributions made by each party towards the research, development, and commercialization of<br />

the H-6200. The signing of the Commercialization Agreement allowed for the formal launch of<br />

marketing efforts for the H-6200 into the oil refinery market.<br />

License and Development Agreement with Nuvera Fuel Cells for Advanced Hydrogen<br />

Purification<br />

On March 17, 2011, the Company announced the signature of a license and engineering<br />

service agreement for a total value of USD 3.25 million with Nuvera Fuel Cells to allow for the<br />

development of two rapid cycle hydrogen purification units for use in hydrogen refueling and<br />

merchant hydrogen applications. Under the terms of the agreements, Xebec will receive an<br />

upfront payment of USD 1.75 million and the remainder over the course of the development<br />

period.<br />

The development work to be performed under this engineering service agreement builds<br />

on previous development programs that Xebec has conducted over the past 10 years and in<br />

particular builds on previously completed product development projects for advanced separation<br />

and rapid cycle PSA technology. In addition, Xebec has entered into a license agreement with<br />

Nuvera for some of its hydrogen purification related Intellectual Property (IP) for refueling and<br />

merchant hydrogen applications.<br />

Intellectual Property<br />

Xebec depends on a combination of patents, including patents on its technology and<br />

applications of its technology, licenses, trademarks, copyrights and trade secrets to protect its<br />

products and brands. Xebec also identifies and monitors intellectual property owned by others<br />

on an ongoing basis, in order to avoid potential intellectual property infringements.<br />

The Company has a stringent formalized process for the identification of patentable<br />

inventions, the filing and prosecution of patent applications and the registration of trademarks<br />

relating to new products. A review committee composed of senior Company executives oversees<br />

this process. At December 31, 2010, the Company had 82 active granted patents covering 31<br />

distinct inventions and had 39 patent applications pending covering 8 distinct inventions in the<br />

United States, Canada, and certain European, Asian, and other countries. These patents and<br />

patent applications cover namely the Company's fundamental rapid-cycle PSA technology,<br />

including structured adsorbents, as well as the application of its technology in fuel cell systems,<br />

internal combustion engines and chemical reactors. The Company has also registered the<br />

HyQuestor® brand name and Pure Innovations® as trademarks in the United States and Canada,<br />

and the Xebec® brand name as a trademark in Canada, the United States and Japan. Additional<br />

Registrations in the United States of America as well as in certain countries in South East Asia,<br />

in China and in certain countries in Europe are pending.<br />

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