Characterization of Program Technology Clause Samples

Characterization of Program Technology. DICERNA and KHK shall discuss and attempt to resolve in good faith on a case by case basis as to how all Program Technology made in the conduct of the Research Collaboration should be categorized (i.e., whether it should be characterized as DICERNA Program Technology, KHK Program Technology or Joint Technology). If DICERNA and KHK are unable to agree upon the appropriate proper categorization of Program Technology, the Parties may jointly appoint a neutral patent expert (patent counsel who (and whose firm) is not at the time of the dispute, and was not at any time during the [***] prior to such dispute, performing services for either of the Parties) reasonably acceptable to the Parties to mediate their discussions and help resolve the issue. Any such dispute shall be resolved according to U.S. patent law. The Parties shall share the costs and expenses of any such neutral patent expert.