Abandonment of Patents. If the Licensor intends to dispose of or abandon any (a) Patent, (b) right in a Patent, (c) patent application or patent for an Improvement or (d) the right to file a patent application for an Improvement under the Paris Convention for a foreign patent (the "Patent Interest"), which would be covered by this Agreement, it shall notify the Licensee and Fresenius GmbH of such intention and, to the extent practicable, give them sufficient notice to permit them to take all steps necessary to preserve such Patent Interest. Licensee and Fresenius GmbH shall then have the right during the 60 day period commencing with such notification to assume any such Patent Interest which the Licensor intends to dispose of or abandon and to undertake the procuring or preserving of such Patent Interest to itself. Licensor will co-operate with Licensee or Fresenius GmbH in such endeavor (including making an assignment of its full right, title and interest in the Patent Interest) provided that Licensee and Fresenius GmbH shall bear all the costs (including any tax liability) in connection therewith. If Licensee or Fresenius GmbH intends to dispose of or abandon any Patent Interest with respect to an Improvement necessary to the manufacture, use or sale of the Product, it shall notify Licensor of such intention and, to the extent practicable, give Licensor sufficient notice to permit it to take all steps necessary to preserve such Patent Interest. Licensor shall then have the right during the 60 day period commencing with such notification to assume any such Patent Interest which the Licensee or Fresenius GmbH intends to dispose of or abandon and to undertake the procuring or preserving of such Patent Interest to itself. Licensee and/or Fresenius GmbH, as applicable, will co-operate with Licensor in such endeavor (including making an assignment of its full right, title and interest in the Patent Interest) provided that Licensor shall bear all the costs (including any tax liability) in connection therewith.
Abandonment of Patents. Should Magainin intend to abandon any Magainin Patent, Genentech shall be entitled to acquire such Magainin Patent free of charge from Magainin, and thereafter Genentech may continue or maintain such acquired Magainin Patent at its expense and in its sole discretion. In order to enable Genentech to take over ownership and responsibility for any such Magainin Patent, Magainin shall notify Genentech at least three (3) months prior to taking or failing to take any action that would result in a loss of rights or abandonment of subject matter within a Magainin Patent. Such action or inaction includes, without limitation, canceling or abandoning subject matter (without preserving the right to pursue the subject matter in a related application), abandoning a patent (including, but not limited to, failing to pay an annuity or maintenance fee when due), or not perfecting the filing of a patent application within the Territory. After receiving such notice from Magainin, Genentech shall thereafter notify Magainin whether Genentech wishes to acquire such Magainin Patent, and if Genentech does so wish, then Magainin shall promptly cooperate to transfer ownership of such Magainin Patent to Genentech together with all related documents. Upon request by Genentech, Magainin shall provide to Genentech all reasonably necessary information relating to a Magainin Patent acquired by Genentech pursuant to this Section, in order to assist Genentech with the continuation or maintenance of such acquired Magainin Patent.
Abandonment of Patents. DSP shall provide REPLIDYNE timely notice (not to be less than 60 days or if imposed by a Regulatory Authority, a lesser but reasonable shorter period of time) before abandoning any DSP Patent and/or the maintenance of any such DSP Patent in any country in the Territory. If requested by REPLIDYNE, DSP shall transfer ownership of such DSP Patent to REPLIDYNE free of charge, and shall take such action as is reasonably necessary to avoid abandonment of such DSP Patent. DSP shall assign its rights to and provide reasonable assistance to REPLIDYNE in connection with any such transfer and assignment, at REPLIDYNE’s expense. Thereafter, REPLIDYNE shall have the sole right but not the obligation to maintain and/or prosecute, as the case may be any such DSP Patent.
Abandonment of Patents. If Newco elects to allow any of the ---------------------- Transferred Patents that are or have become issued patents to lapse or become otherwise abandoned or forfeited, Newco will use reasonable efforts to notify Intel of its intention to do so at least sixty (60) days prior to the date on which such Transferred Patent is due to lapse or become abandoned or forfeited. Intel shall have the right to assume control of such Transferred Patent at its own expense by providing Newco written notice to such effect prior to the date such Transferred Patent lapses or otherwise becomes abandoned or forfeited. If Intel elects to assume control of any applicable Transferred Patent pursuant to this Section 3.4, then Newco shall, at Intel's expense, assign to Intel its entire right, title and interest, legal and equitable, to such Transferred Patent, subject to retention of an unrestricted, royalty-free, irrevocable, worldwide and non- exclusive license in favor of Newco.
Abandonment of Patents. Panacos shall have the right to unilaterally abandon any Panacos Patent, and Myriad shall have the right to unilaterally abandon any Bevirimat Patents, provided at least ninety (90) days prior to the renewal date or other date for loss or abandonment of any such patent or patent application that a Party wishes to abandon, the owning Party gives notice to the other Party of its intent to abandon. If the other Party does not want such patent or patent application to become abandoned, the other Party
Abandonment of Patents. In the event that Codexis decides to abandon any of the Patents within the Technology Licensed to Shell, Codexis shall, at least forty-five (45) days prior to any abandonment thereof, provide advance written notice thereof to Shell. Shell may elect to receive assignment of such Patents by providing to Codexis written notice of such election within fifteen (15) business days after Shell’s receipt of such Codexis notice of abandonment. In the event Shell elects to receive such assignment, Codexis shall, to the extent feasible and as soon as reasonably practicable, assign such Patents to Shell (or otherwise transfer to Shell responsibility for, including without limitation all costs associated with, the prosecution, maintenance, enforcement and defense of such Patents and all costs associated therewith).
Abandonment of Patents. In the event that Licensor determines that it shall cease to maintain any or all of the Patents which are licensed to HSI hereunder, it shall provide written notice to HSI of such determination at least thirty (30) days prior to the date on which the Patent is due to lapse or become abandoned. Upon HSI’s request provided in writing at least twenty (20) days prior to the date the Patent(s) lapse(s) or become(s) abandoned (or for an otherwise reasonable period of time, in the event Licensor fails to provide notice of its intent to abandon a Patent at least thirty (30) days prior to the date on which the Patent is due to lapse or become abandoned), and at HSI’s sole cost, Licensor will then assign, convey and transfer to HSI all of Licensor’s then existing rights, title and interest in and to such Patent(s) subject to Licensor’s retaining an unrestricted, sublicenseable, non-exclusive, world-wide, irrevocable, fully-paid license under the applicable Patent(s) (bound by territorial limitations under Section 2.1 of this Agreement). Upon such transfer, each such Patent shall cease to be Licensed Intellectual Property. The right reserved by HSI under this section shall not be assignable to third parties (except in connection with a transfer of HSI’s business).
Abandonment of Patents. Without limiting Sublicensee’s rights and remedies for any default arising from the failure of Licensor to perform its obligations under Sections 5.1 or 5.2, if Licensor intends to abandon any of the Patents, rights in the Patents, patent applications, or the right to file under the Paris Convention for a foreign patent (herein called the “Patent Interest”) which it has assumed the responsibility to preserve under Sections 5.1 and 5.2, it will promptly notify Sublicensee of such intention and give Sublicensee sufficient notice to permit it to take all steps necessary to preserve such Patent Interest. Sublicensee will then have the right during a sixty (60) day period commencing with such notification to cure such default by assuming any such Patent Interest which Licensor intends to abandon and to undertake the procuring or preserving of such Patent Interest to itself. Licensor will cooperate with Sublicensee in such endeavour (including making an assignment of full right, title, and interest in the Patent Interest for the relevant jurisdiction) provided that Sublicensee will bear all costs (including any tax liability) in connection therewith, which will be set off against any Royalty payments due to Licensor hereunder. Further, in the event that Sublicensee procures or preserves a Patent Interest which Licensor abandoned or intended to abandon, royalties will remain payable by Sublicensee to Licensor pursuant to Section 4.1, but Sublicensee will be entitled to deduct and retain an amount equal to the amount of the reasonable costs incurred by Sublicensee in order to procure or preserve such Patent Interest for a given jurisdiction against those royalties derived from Net Service Sales attributable to that jurisdiction.
Abandonment of Patents. If either the Licensor or the Licensee intends to dispose of or abandon any Patent, right in a Patent, patent application, patent or the right to file for a foreign patent (the "Patent Interest") which would be covered by this Agreement, it shall notify the other party of such intention and, to the extent practicable, give such other party sufficient notice to permit it to take all steps necessary to preserve such Patent Interest. Such notified party shall then have the right during the 60 day period commencing with such notification to assume any such Patent Interest which the notifying party intends to dispose of or abandon and to undertake the procuring or preserving of such Patent Interest to itself. The notifying party will co-operate with the other party in such endeavour (including making an assignment of its full right, title and interest in the Patent Interest) provided that such other notified party shall bear all the costs (including any tax liability) in connection therewith.
Abandonment of Patents. Panacos shall have the right to unilaterally abandon any Panacos Patent, and Myriad shall have the right to unilaterally abandon any Bevirimat Patents, provided at least ninety (90) days prior to the renewal date or other date for loss or abandonment of any such patent or patent application that a Party wishes to abandon, the owning Party gives notice to the other Party of its intent to abandon. If the other Party does not want such patent or patent application to become abandoned, the other Party shall have the option to acquire the rights in said patent or patent application by: (i) giving written notice to the Party desiring to abandon the patent or patent application within sixty (60) days following the delivery of the original notice; and (ii) paying the renewal or maintenance fees that are then due or taking such other action as may be necessary to prevent the loss or abandonment, provided that, in the case of Panacos, such option shall only apply to United States Patent Number 5,679,828 and its foreign equivalents. In connection with the foregoing, the owning Party shall promptly provide the other Party all information reasonably requested by the other Party regarding such patent or patent application. If the other Party does not exercise its option within the sixty (60) day period, the patent or patent application may be abandoned by its owner. If the other Party exercises its option, the owning Party shall promptly execute such documents and take such other actions as may be reasonably necessary to accomplish the transfer of ownership. Following the transfer of ownership, the patent or patent application so transferred shall no longer be deemed to be included within the scope of this Agreement, and the former owner shall have no further rights under this Agreement with respect thereto. Notwithstanding the foregoing, the Party owning a pending patent application included with the Panacos Patents or the Bevirimat Patents, as the case may be, may abandon the application without such notice if the application has been finally rejected in the patent office where it is pending (without resorting to appeals within the patent office), provided that in the event that the Party abandoning such a pending patent application does not file a continuation, continuation-in-part, divisional, or other application claiming priority to such abandoned application, then such notice shall be required. For those patents or patent applications that the owning Party elects...
