Abandoned Patents. In the event the prosecuting party determines not to initiate patent prosecution for any particular patentable Developed Know-How invention or to cease prosecution or maintenance of, or otherwise abandon, any Patents that are the subject of Section 5.3 in the Territory, or with respect to ROW Patents anywhere in the world (which the prosecuting party may do in its sole discretion), the prosecuting party shall provide reasonable prior written notice to the other party sufficient for the other party to timely initiate or take over the prosecution and maintenance of such Patent and timely file any required documents and responses with the relevant government patent office in the Territory, or with respect to ROW Patents anywhere in the world, with respect thereto, and the other party may elect (in its sole discretion) to prosecute and maintain such Patent, at the other party’s sole expense. In such event, upon the request of and, at the expense of the other party, the prosecuting party shall assign to the other party all of its right, title and interest in, to and under such Patent which the prosecuting party has decided to abandon and provide reasonable cooperation to the other party with respect thereto (including, without limitation, providing necessary information and executing relevant documents).
Abandoned Patents. Broncus shall promptly notify Asthmatx of any notice Broncus receives from Ntero with respect to “Abandoned Patents” (as that term is defined in Section 6 of the Ntero License Agreement). If Broncus declines to take any action to file for, prosecute or maintain any such Abandoned Patent, then, to the extent permitted by the Ntero License Agreement, if Asthmatx requests Broncus in writing to do so, Broncus shall, at Asthmatx’s sole cost and expense, take action to file for, prosecute and maintain such Abandoned Patent, but Broncus shall have no obligation to incur any cost, expense or liability in connection therewith and may cease any activity to file for, prosecute or maintain any Abandoned Patent if Asthmatx does not timely pay in full all costs (such as, without limitation, filing fees, attorneys’ fees and maintenance fees) associated therewith.
Abandoned Patents. Notwithstanding Section 6.1, if Dermira elects to abandon prosecution of a patent or patent application included in the Patent Rights and Technology, then Dermira shall notify Licensor in writing and if Licensor so elects by written notice to Dermira within [*] thereafter, then (a) such patent or patent application shall no longer be part of the Patent Rights and Technology and (b) Licensor shall be entitled (at its own expense) to assume and continue the prosecution and maintenance of such abandoned patent or patent application.
Abandoned Patents. In the event that the Party that owns a given issued patent or a given patent application wherein such patent or patent application was in existence prior to the Effective Date and is subject to this Agreement, elects not to continue prosecution of such patent application, or elects not to maintain such issued patent (such patents and applications being “Abandoned Patents”), the owning Party shall promptly and on a timely basis, and at least [***] before any deadline for response, submission or other action, notify the other Party thereof and the other Party shall have the right, but not the obligation, at its option, to prosecute and maintain such Abandoned Patents, at such other Party’s sole expense. The abandoning Party [***]. The abandoning Party shall reasonably cooperate with and assist the other Party in connection with any prosecution and maintenance activities undertaken by the other Party.
Abandoned Patents. Company Patent Description Patent Number Registration Date Expiration Date Patent Application Application/Serial Number Application Date Continental Industries, Inc. Mold for Exothermic Welding and Method for Using Same – USA 10/063,318 04/10/02 Handy & Harman Electronic Materials Laminar Heatsink Fabrication Method – USA 60/399,449 07/29/02 Handy & Harman Electronic Materials S/A/A (Correpsonds to PCT/US97/05559) – European Appln. EPC 97917849.8 04/04/97 Handy & Harman Electronic Materials Low Friction, Ductile, Multilayer Electrodeposits (PCT application corresponds to U.S. 08/627542 – Patent No. 5667659 and additional material contained in U.S. 08833009 – Patent No. 5853557, which is a CIP of U.S. 08/627542 – Patent No. 5667659) – PCT Int’l Appln. 12/29/10 PCT/US97/05559 04/04/97 Flux Core Brazing Composition – USA 08/022,365 2/25/93 * The patents listed above have been abandoned either because of potential conflict with an existing patent or because the patent was of no significant value.
Abandoned Patents. Spruce may in its sole discretion elect to discontinue Patent Prosecution of a Licensed Patent in any country, on a Patent-by-Patent basis. Spruce shall give [***] notice, of at least [***] prior to the deadline for the next filing, office action or payment with the relevant patent office, to Lilly if it elects to discontinue Patent Prosecution or any other action described in Article 8.1, or declines to pay costs for the filing, prosecution or maintenance, of a Licensed Patent in any country. Lilly will have the option, but not the obligation to resume control of such patent prosecution and maintenance. If Lilly elects to exercise its option to maintain the patent, Spruce will reimburse Lilly for the reasonable cost of prosecuting and maintaining such patent. If Lilly elects not to exercise its option to maintain the patent, Spruce shall pay royalties as under Article 4.3 during any Data or Regulatory Exclusivity Period and then [***] of the royalty under Article 4.3, thereafter until what would have been the expiration of the patent plus any patent term extension that would have been otherwise allowable. If Lilly provides written notice to Spruce within such [***] period that Lilly has decided to file, prosecute or maintain, or otherwise conduct any such action with respect to, such Licensed Patent, Spruce shall promptly deliver to Lilly copies of all necessary files related to such Licensed Patent, shall take all actions and execute all documents reasonably necessary for Lilly to assume the right and responsibility to conduct all such Patent Prosecution and other actions with respect to such Licensed Patent, and shall, or shall require its Affiliate to, promptly assign such Licensed Patent to Lilly.
Abandoned Patents. Notwithstanding anything to the contrary contained in this Agreement or any of the Ancillary Agreements, no representations are made and no warranties are given (in each case, whether express or implied) by the Seller (or any member of the Seller’s Group) in relation to the Abandoned Patents (or transfer of the same) by the Seller (or a member of the Seller’s Group) to the Purchaser (or a member of the Purchaser’s Group).
Abandoned Patents. In the event either Rosetta or Agilent (acting by or through its Bioscience Products Division), as the case may be, intends to finally abandon any patent or patent application or any claim of a patent or patent application licensed to the other under this Agreement, it shall notify the other and such other Party shall have the right at its own expense to assume responsibility for any such patent or the prosecution of any such claim in a separate patent application.
Abandoned Patents. In the event that Licensee desires to abandon or cease Patent prosecution, on a Patent-by-Patent basis, Licensee shall give prompt notice, of at least [***] prior to the deadline for the next filing, office action or payment with the relevant patent office, to Lxxxx if it elects to discontinue Patent prosecution or any other action described in Section 8.1, or declines to pay costs for the filing, prosecution or maintenance, of a Licensed Patent in any country. Lxxxx will have the option, but not the obligation, to resume control of such Patent prosecution and maintenance and such Patent shall no longer be a Licensed Patent (including with respect to the license granted in Section 2.1). If Lxxxx elects to exercise its option to maintain the patent, it shall do so at its own cost. If Lxxxx provides written notice to Licensee within such [***] period that Lxxxx has decided to file, prosecute or maintain, or otherwise conduct any such action with respect to, such Patent, Licensee shall promptly deliver to Lilly copies of all necessary files related to such Patent, shall take all actions and execute all documents to the extent reasonably necessary for Lxxxx to assume the right and responsibility to conduct all such Patent prosecution and other actions with respect to such Patent, and shall, or shall require its Affiliate to, promptly assign such Patent to Lilly.[***]
Abandoned Patents. The Company acknowledges that Executive may have been named as an inventor on one or more patent applications or patents issued to, or owned by, the Company. The parties hereto acknowledge that renewal or maintenance fees or annuities may periodically be due and payable on pending applications and issued patents on which Executive is named as an inventor. Should the Company determine that it no longer wishes to pay a renewal or maintenance fee or annuity for a particular pending patent application or issued patent, then the Company will use reasonable efforts to notify Executive of its decision prior to the due date of any such fee. Executive may elect to pay such fee or annuity at his option. Upon presentation to the Company of proof of payment of such fee by Executive, the Company will assign all of its rights, title and interest in and to the pending patent application or issued patent to Executive. It is understood and agreed that the assignment of any particular pending patent application or issued patent by the Company to Executive shall not be deemed to be an assignment of any counterpart patent application or issued patent. Notwithstanding the foregoing, the failure of the Company to notify Executive of its intent not to pay any renewal or maintenance fee on any pending patent application or issued patent shall not give rise to any claim or cause of action against the Company in favor of Executive or any other person for damages, and Executive waives and covenants not to xxx the Company for any alleged damages or losses resulting from the failure of the Company to give such notice to Executive. The rights contained in this Section shall not be assignable by Executive.
