Common use of AVEO Technology Clause in Contracts

AVEO Technology. AVEO shall have the sole right to, at AVEO’s discretion, file, conduct prosecution, and maintain (including the defense of any interference or opposition proceedings), all Patent Rights comprising AVEO Technology (other than Joint Collaboration IP), in AVEO’s name. AVEO shall provide to Biogen Idec copies of all prosecution filings related to AVEO Patent Rights and AVEO Collaboration Patent Rights comprising claims Covering Licensed Product sent to or received from patent offices in the Licensed Territory, unless otherwise directed by Biogen Idec, and, with respect to patent applications having information not previously filed that is intended to be submitted to patent offices in the Licensed Territory, shall use reasonable efforts to provide Biogen Idec with a draft of each such filing reasonably in advance of submission, provide Biogen Idec an opportunity to provide comments on and make request of AVEO concerning such filings and shall consider in good faith any comments regarding such draft application that Biogen Idec may timely provide. In addition, AVEO shall provide to Biogen Idec such other information related to prosecution of the AVEO Patent Rights and AVEO Collaboration Patent Rights in the Licensed Territory as Biogen Idec may from time to time reasonably request to allow Biogen Idec to track prosecution and maintenance of such Patent Rights. In the event AVEO decides not to file a patent application on AVEO Know-how or AVEO Collaboration Know-how specific to Licensed Product in a country of the Licensed Territory, or decides to abandon prosecution of any claim of an AVEO Patent Right or AVEO Collaboration Patent Right comprising claims Covering Licensed Product in a country of the Licensed Territory or decides to not otherwise maintain or extend any AVEO Patent Rights or AVEO Collaboration Patent Right comprising claims Covering Licensed Product in a country of the Licensed Territory, AVEO shall give Biogen Idec written notice sufficiently in advance of any loss of rights to allow Biogen Idec to file, prosecute, maintain or extend, as the case may be, such AVEO Patent Rights or AVEO Collaboration Patent Rights, in AVEO’s name, in such country.

AVEO Technology. AVEO shall have the sole right toright, at AVEO’s discretiondiscretion and expense, to file, conduct prosecution, and maintain (including the defense of any interference or opposition proceedings), ) all AVEO Patent Rights comprising AVEO Technology (other than Joint Collaboration IPResearch Program Patent Rights), in AVEO’s name. AVEO shall provide to Biogen Idec COBI copies of all substantive prosecution filings papers related to AVEO Patent Rights and AVEO Collaboration Patent Rights comprising with claims Covering Licensed Product Products sent to or received from patent offices in the Licensed Territory, unless otherwise directed by Biogen Idec, and, with COBI. With respect to such patent applications having information containing material not previously filed that is intended to be submitted to filed in patent offices in the Licensed Territory, AVEO shall use reasonable efforts to provide Biogen Idec COBI with a draft of each such filing reasonably in advance of submission, provide Biogen Idec an opportunity to provide comments on and make request of AVEO concerning such filings submission and shall consider in good faith any comments regarding such draft application that Biogen Idec COBI may timely provide. In addition, AVEO shall provide to Biogen Idec COBI such other information related to prosecution of the AVEO Patent Rights and AVEO Collaboration Patent Rights with claims Covering Licensed Product in the Licensed Territory as Biogen Idec COBI may from time to time reasonably request to allow Biogen Idec COBI to track prosecution and maintenance of such Patent Rights. In the event AVEO decides not to file a patent application on AVEO Know-how or AVEO Collaboration Know-how specific to Licensed Product in a country of the Licensed Territory, or decides to abandon prosecution of any claim of an AVEO Patent Right or AVEO Collaboration Patent Right comprising claims Covering Licensed Product in a country of the Licensed Territory or decides not to not otherwise maintain or extend any AVEO Patent Rights or AVEO Collaboration Patent Right comprising claims Covering Licensed Product in a country of the Licensed Territory, AVEO shall give Biogen Idec COBI written notice sufficiently in advance of any loss of rights rights, and except where the claims are being abandoned in favor of another application within AVEO Patent Rights or to permit other claims within AVEO Patent Rights to be issued, AVEO will allow Biogen Idec COBI to file, prosecute, maintain (including the defense of any interference or opposition proceeding) or extend, as the case may be, such AVEO Patent Rights or AVEO Collaboration Patent Rights, in AVEO’s name, in such country, at COBI’s expense.