Common use of Collaboration Joint Intellectual Property Clause in Contracts

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. PEB ABI and Illumina ----------------------------------------- Cepheid 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 ’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 Background ABI Intellectual Property, the Collaboration Joint Intellectual Property will, for the purposes of this Section 6.2.3 5.2.3 only, be treated as Collaboration PEB ABI Intellectual Property under Section 6.2.25.2.2; and, if the practice of the Collaboration Joint Intellectual Property would necessarily infringe claims of patents or patent applications claiming Pre-Collaboration Illumina Background Cepheid Intellectual Property, the Collaboration Joint Intellectual Property will, for the purposes of this Section 6.2.3 5.2.3 only, be treated as Collaboration Illumina Cepheid Intellectual Property under Section 6.25.2. 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 ; and 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 reasonable documents deemed necessary or desirable by the Filing Party therefor. The Filing Party will provide to the other Party a royalty-free free, worldwide, perpetual 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 65.2.3. ABI and Cepheid will each hold all information it presently knows or acquires under this Section 5.2.3 as Confidential Information in accordance with Section 8.

Collaboration Joint Intellectual Property. PEB ABI and Illumina ----------------------------------------- Cepheid 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 Background ABI Intellectual Property, the Collaboration Joint Intellectual Property will, for the purposes of this Section 6.2.3 5.2.3 only, be treated as Collaboration PEB ABI Intellectual Property under Section 6.2.25.2.2; and, if the practice of the Collaboration Joint Intellectual Property would necessarily infringe claims of patents or patent applications claiming Pre-Collaboration Illumina Background Cepheid Intellectual Property, the Collaboration Joint Intellectual Property will, for the purposes of this Section 6.2.3 5.2.3 only, be treated as Collaboration Illumina Cepheid Intellectual Property under Section 6.25.2. 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 ; and 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 reasonable documents deemed necessary or desirable by the Filing Party therefor. The Filing Party will provide to the other Party a royalty-free free, worldwide, perpetual 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 65.2.3. ABI and Cepheid will each hold all information it presently knows or acquires under this Section 5.2.3 as Confidential Information in accordance with Section 8.