Biocon Territory. Biocon shall have the first right, but not the obligation, to prosecute and maintain Joint Patents in the Biocon Territory, at its sole cost and expense and by counsel of its own choice.
Biocon Territory. Biocon shall have the sole right, in its discretion, to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of a Biocon Patent in the Biocon Territory, at Biocon’s own expense and by counsel of its own choice, and Equillium shall have no rights in connection therewith.
Biocon Territory. Biocon shall have the first right, but not the obligation, to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of an Equillium Patent in the Biocon Territory, at Biocon’s own expense and by counsel of its own choice, and Equillium shall have the right to be represented in any such action or proceeding, at Equillium’s own expense (subject to Section 7.5(d)) and by counsel of its own choice. If Biocon fails to bring any such action or proceeding with respect to Competitive Infringement of any Equillium Patent in the Biocon Territory within […***…] following the notice of alleged Competitive Infringement, Equillium shall have the right to bring (or defend) and control any such action at its own expense and by counsel of its own choice, and Biocon shall have the right, at its own expense (subject to Section 7.5(d)), to be represented in any such action by counsel of its own choice.
Biocon Territory. Biocon shall have the first right, but not the obligation, to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of any Joint Patent in the Biocon Territory, at its own expense and by counsel of its own choice, and Equillium shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. If Biocon fails to bring any such action or proceeding with respect to Competitive Infringement of any Joint Patent in the Biocon Territory within […***…] following the notice of alleged infringement, Equillium shall have the right to bring (or defend) and control any such action at its own expense and by counsel of its own choice, and Biocon shall have the right, at its own expense, to be represented in any such action by counsel of its own choice; provided, however, that if the applicable Competitive Infringement is the result of a party’s receipt of a Patent Certification with respect to a Joint Patent in the Biocon Territory, Biocon shall notify Equillium of Biocon’s decision to bring (or defend) and control any action or proceeding within 10 days of Biocon’s receipt of such Patent Certification with respect to such Biocon Patent, after which time Equillium shall have the right to bring (or defend) and prosecute such action, and Biocon shall have the right, at its own expense, to be represented in any such action by counsel of its own choice.
Biocon Territory. Biocon shall have the first right, but not the obligation, to prosecute and maintain any Equillium Patents in the Biocon Territory, in Equillium’s name and at Biocon’s sole cost and expense using counsel reasonably acceptable to Equillium. Biocon shall consult with Equillium as to the prosecution and maintenance of Equillium Patents in the Biocon Territory reasonably prior to any deadline or action with any patent office, and shall furnish to Equillium copies of all relevant drafts and documents reasonably in advance of such consultation. Biocon shall keep Equillium reasonably informed of progress with regard to the prosecution and maintenance of Equillium Patents in the Biocon Territory and shall provide to Equillium copies of all material patent office submissions within a reasonable amount of time following submission thereof by Equillium. Biocon shall consider the comments of Equillium in good faith. If Biocon desires to abandon or cease prosecution or maintenance of any Equillium Patent in any country of the Biocon Territory, Biocon shall provide written notice to Equillium of such intention promptly after Biocon makes such determination (which notice shall be given no later than 45 days prior to the next deadline for any action that must be taken with respect to such Equillium Patent in the relevant patent office), and Equillium shall have the right, but not the obligation, to assume responsibility for prosecution and maintenance of such Equillium Patent at its sole cost and expense. If Equillium continues prosecuting and maintaining such Equillium Patent in such country following
Biocon Territory. Australia and New Zealand are hereby deleted from Exhibit C to the Original Agreement.
