Alicaforsen Patents and ICAM-1 Specific Patents Sample Clauses

Alicaforsen Patents and ICAM-1 Specific Patents. Subject to Section 9.1.4 below, Isis will have the sole obligation at its expense, to obtain, prosecute and maintain the Alicaforsen Patents and the ICAM-1 Specific Patents in such countries as Isis is prosecuting such Patents on the Restatement Date using Commercially Reasonable Efforts. For clarity, Atlantic will not have the right to review or comment on any applications or registrations to be filed by Isis under this Section 9.1.2, and Isis may cease prosecuting or maintaining particular applications or patents in the Alicaforsen Patents and ICAM-1 Specific Patents in selected jurisdictions, if Isis determines that it is not commercially reasonable to continue such efforts (in which case the terms of Section 9.1.4 will apply).

Alicaforsen Patents and ICAM-1 Specific Patents. With respect to the Alicaforsen Patents and the ICAM-1 Specific Patents (if applicable and solely to the extent infringed by a Third Party with a product targeting ICAM-1), Atlantic will have the first right, but not the obligation, at Atlantic’s expense, to remove such infringement. In the event that Atlantic fails to take commercially appropriate steps to remove any such infringement within 90 days following notice of such infringement, or earlier notifies Isis in writing of its intent not to take such steps, and such infringement is likely to have a material adverse effect on the Alicaforsen Product, so long as the infringement is not taking place in a Major Market and so long as Atlantic does not inform Isis that Atlantic considers, in good faith, that to take such proceeds would (x) be prejudicial to its litigation strategy in a Major Market and (y) be commercially unreasonable under the circumstances, (i) Isis will have the right to do so at its expense, (ii) Atlantic will have the right, at its own expense, to be represented in any such action, and (iii) the exclusive license(s) granted under Article 2 that pertain to such Alicaforsen Patent or ICAM-1 Specific Patent (if applicable), will automatically convert into nonexclusive licenses. Isis will have the right, at Isis’ own expense, to remove infringement of the Alicaforsen Patents or ICAM-1 Specific Patents (if applicable) (i) if Isis is unilaterally developing and commercializing an Alicaforsen Product pursuant to Section 11.2, (ii) with respect to any products covered by the Reverted Rights, or (iii) if a Third Party is infringing the ICAM-1 Specific Patents with any product that does not target ICAM-1.