Collaboration Joint Intellectual Property. PEB and Illumina ----------------------------------------- will jointly have the right, using in-house or outside legal counsel selected by both Parties, to prepare, file, prosecute, maintain and extend patent applications for Collaboration Joint Intellectual Property in countries of the Party's choosing. But, if the practice of the Collaboration Joint Intellectual Property would necessarily infringe claims of patents or patent applications claiming Pre-Collaboration PEB Intellectual Property, the Collaboration Joint Intellectual Property will, for the purposes of this Section 6.2.3 only, be treated as Collaboration PEB Intellectual Property under Section 6.2.2; and, if the practice of the Collaboration Joint Intellectual Property would necessarily infringe claims of patents or patent applications claiming Pre-Collaboration Illumina Intellectual Property, the Collaboration Joint Intellectual Property will, for the purposes of this Section 6.2.3 only, be treated as Collaboration Illumina Intellectual Property under Section 6.2.
1. If only one Party ("Filing Party") desires to file a patent application in one or more countries, then the Filing Party will thereafter have the right, at its sole expense, to prepare, file, prosecute, and maintain the applications in its own name in the one or more countries. The other Party will, at its own expense, assign said patent applications to the Filing Party and provide reasonable assistance to the Filing Party to facilitate the filing and prosecution of all the patent applications that the other Party has elected not to pursue, and the other Party will execute all documents deemed necessary or desirable therefor. The Filing Party will provide to the other Party a royalty-free non-exclusive license, with right to sublicense, under all the patent applications that the other Party has elected not to pursue and the Filing Party has elected to pursue under this Section 6.
Collaboration Joint Intellectual Property. All rights and ----------------------------------------- title to Collaboration Joint Intellectual Property, whether patentable or copyrightable or not, will belong jointly to PEB and Illumina and will be subject to the terms and conditions of this Agreement. Each Party will have the right to independently practice the Collaboration Joint Intellectual Property, without accounting to the other Party, only to the extent that the practice of the Collaboration Joint Intellectual Property by PEB does not require rights under Pre-Collaboration Illumina Intellectual Property, Collaboration Illumina Intellectual Property, or any other Intellectual Property Rights owned by, either partially or wholly, or licensed to Illumina
Collaboration Joint Intellectual Property. All rights, title and interest in and to Collaboration Joint Intellectual Property, whether patentable or copyrightable or not, will belong jointly to ABI and Cepheid and will be subject to the terms and conditions of this Agreement. Each Party will have the right to independently practice the Collaboration Joint Intellectual Property, without accounting to the other Party, only to the extent that the practice of the Collaboration Joint Intellectual Property by ABI does not require rights under Background Cepheid Intellectual Property, or any other Intellectual Property Rights owned by, either partially or wholly, or licensed to Cepheid (other than by ABI), and that practice of the Collaboration Joint Intellectual Property by Cepheid does not require rights under Background ABI Intellectual Property, or any other Intellectual Property Rights The symbol [***] is used to indicate that a portion of the exhibit has been omitted and filed separately with the commission. Confidential treatment has been requested with respect to the omitted portion. owned by, either partially or wholly, or licensed to ABI (other than by Cepheid). Additionally, each Party will have the right but not the obligation to bring, at its own expense, an infringement action against any Third Party under its interest in Joint Collaboration Intellectual Property, subject to the same limitations set forth above with respect to the practice of the Joint Collaboration Intellectual Property by Cepheid or ABI. The Parties will assist one another and cooperate in any such litigation at the other’s reasonable request, and, if a Party is necessary in order to institute or maintain an infringement suit by the other Party as defined by law, that Party agrees to be joined in the suit, at the expense or the prosecuting Party.
Collaboration Joint Intellectual Property. All rights and title to COLLABORATION JOINT INTELLECTUAL PROPERTY, whether patentable or copyrightable or not, will belong jointly to CYPRESS and OREXIGEN and will be subject to the terms and conditions of this AGREEMENT. Each party will have the right to independently practice and to license such COLLABORATION JOINT INTELLECTUAL PROPERTY, without accounting to the other party, subject to the LICENSE during the term of this AGREEMENT, and only to the extent that the practice of such COLLABORATION JOINT INTELLECTUAL PROPERTY by CYPRESS or any sublicensee does not require rights under PRE-COLLABORATION OREXIGEN INTELLECTUAL PROPERTY, COLLABORATION OREXIGEN INTELLECTUAL PROPERTY, or any other INTELLECTUAL PROPERTY owned by, either partially or wholly, or licensed to OREXIGEN, and that the practice of such COLLABORATION JOINT INTELLECTUAL PROPERTY by OREXIGEN or any sublicensee does not require rights under PRE-COLLABORATION CYPRESS INTELLECTUAL PROPERTY, COLLABORATION CYPRESS INTELLECTUAL PROPERTY, or any other INTELLECTUAL PROPERTY owned by, either partially or wholly, or licensed to CYPRESS. If such COLLABORATION JOINT INTELLECTUAL PROPERTY contains any PRE-COLLABORATION INTELLECTUAL PROPERTY, COLLABORATION INTELLECTUAL PROPERTY or other INTELLECTUAL PROPERTY owned by, either partially or wholly, or licensed to, the other party, the inventing party will only have the rights to practice and license the COLLABORATION JOINT INTELLECTUAL PROPERTY as negotiated with such other party pursuant to a license agreement or other agreed-upon arrangement. Notwithstanding the foregoing, OREXIGEN shall not have the right to practice or to license (other than to CYPRESS) any COLLABORATION JOINT INTELLECTUAL PROPERTY, to the extent of the LICENSE granted to CYPRESS, so long as the LICENSE is in effect. Additionally, subject to the provisions of Section 8.02, so long as the LICENSE is in effect, each party will have the right but not the obligation to bring, at its own expense, an infringement action against any third party under its interest in COLLABORATION JOINT INTELLECTUAL PROPERTY, subject to the same limitations as set forth above with respect to the practice of such COLLABORATION JOINT INTELLECTUAL PROPERTY by CYPRESS or OREXIGEN. The parties will assist one another and cooperate in any such litigation, at the other’s reasonable request, and, if a party is necessary in order to institute and maintain an infringement suite by the other party as defined by law, that pa...
Collaboration Joint Intellectual Property. CYPRESS will have the first right, using in-house or outside legal counsel selected by CYPRESS at its sole discretion, to prepare, file, prosecute, maintain and extend patent applications and patents included in the COLLABORATION JOINT INTELLECTUAL PROPERTY in countries selected by mutual agreement of CYPRESS and OREXIGEN. OREXIGEN and CYPRESS will equally bear all costs relating to such activities. CYPRESS will solicit OREXIGEN’s advice and review of such patent applications and all substantive prosecution actions, and CYPRESS will take into consideration OREXIGEN’s advice thereon. If CYPRESS elects not to prepare, file, prosecute or maintain certain of such patent applications or patents or certain claims encompassed within such patent applications or patents, in one or more countries, CYPRESS will give OREXIGEN notice thereof within a reasonable period prior to allowing such patent applications, patents or claims to lapse or become abandoned or unenforceable, and OREXIGEN will thereafter have the right, at its sole expense and discretion, to prepare, file, prosecute and maintain such patent applications and patents in such one or more countries and furthermore, CYPRESS shall take all actions to have such rights assigned to OREXIGEN.
Collaboration Joint Intellectual Property. All rights and title to Collaboration Joint Intellectual Property, whether patentable or copyrightable or not, will belong jointly to Perkxx-Xxxxx xxx SBio and will be subject to the terms and conditions of this Agreement.
Collaboration Joint Intellectual Property. With respect to Collaboration Joint Intellectual Property, Perkxx-Xxxxx xxx SBio will jointly determine the advisability of filing a patent application or application for other intellectual property thereon. The Joint Steering Committee, as appropriate, will appoint one of the Parties the responsibility to prepare, file, Prosecute diligently and maintain such application(s). The Parties will share equally all reasonable costs incurred in connection with such activities (the non-prosecuting Party will promptly reimburse the prosecuting Party); provided that either Party may avoid its responsibility for such costs by assigning its rights in such Collaboration Joint Intellectual Property to the other Party. If either Party assigns to the other its rights in such Collaboration Joint Intellectual Property as set forth above, the other Party will be free to decide, in its sole discretion, whether or not to file or continue prosecution or maintain any such application(s), and whether or not to maintain any protection issuing thereon in the U.S. and in any foreign country. Any such filing, prosecution or maintenance will then be at the assignee's sole expense.
Collaboration Joint Intellectual Property. All rights and title to COLLABORATION JOINT INTELLECTUAL PROPERTY, whether patentable or copyrightable or not, shall belong jointly to XXXXXX-XXXXX and HYSEQ and shall be subject to the terms and conditions of this Agreement.
Collaboration Joint Intellectual Property. With respect to ----------------------------------------- COLLABORATION JOINT INTELLECTUAL PROPERTY, XXXXXX-XXXXX and HYSEQ shall jointly determine the advisability of filing a patent application or application for other intellectual property thereon. The RC shall appoint one of the PARTIES the responsibility to prepare, file, PROSECUTE diligently and maintain such application(s). The PARTIES shall share equally all reasonable costs incurred in connection with such activities (the non-prosecuting party will promptly reimburse the prosecuting party); provided that either party may avoid its responsibility for such costs by assigning its rights in such COLLABORATION JOINT INTELLECTUAL PROPERTY to the other party. If either party assigns to the other its rights in such Property as set forth above, the other party shall be free to decide, in its sole discretion, whether or not to file or continue prosecution or maintain any such application(s), and whether or not to maintain any protection issuing thereon in the U.S. and in any foreign country. Any such filing prosecution or maintenance shall then be at the assignee's sole expense. 6.5 HYSEQ's License of IP to XXXXXX-XXXXX. HYSEQ grants to XXXXXX-XXXXX, ------------------------------------- a license under HYSEQ PRIOR IP and COLLABORATION HYSEQ IP to make, have made, use and sell the SYSTEM, PE SOFTWARE, HYSEQ SOFTWARE, and NECESSARY REAGENTS, to read CHIPS, and to use and sell CHIPS; and to make, or have made, CHIPS, if HYSEQ chooses not to manufacture, or have manufactured, same; all pursuant to the purposes of this Collaboration Agreement to make PRODUCTS available to Third Parties; and to pass on to customers of XXXXXX-XXXXX the rights to use said PRODUCTS. However, this license specifically shall not constitute a license to XXXXXX-XXXXX to manufacture CHIPS, unless HYSEQ chooses not to manufacture or have manufactured and sell CHIPS to XXXXXX-XXXXX. This license shall be royalty- free in lieu of payments to be made under this Agreement by XXXXXX-XXXXX to HYSEQ based on sales of PRODUCTS. No license is provided hereunder for the use by XXXXXX-XXXXX of CHIPS other than for the development, manufacturing and sale of PRODUCTS by XXXXXX-XXXXX.
Collaboration Joint Intellectual Property. With respect to Collaboration Joint Intellectual Property, PERKXX-XXXXX xxx
