Collaboration Patent Rights. Each Party shall be responsible for [***] of the Legal Expenses associated with the preparation, filing, prosecution and maintenance of Collaboration Patent Rights during the Term.
Collaboration Patent Rights. The term “
Collaboration Patent Rights. With respect to suits claiming infringement of the Collaboration Patent Rights, Wyeth shall have the first right to bring suit claiming infringement of the Collaboration Patent Rights. ViroPharma shall have the right, before commencement of the trial, suit or action brought by Wyeth, to join any such suit or action. In no event shall Wyeth enter into any settlement, consent judgment or other voluntary final disposition of such suit which would adversely affect ViroPharma's rights under this Agreement in any way without first obtaining ViroPharma's written consent to do so, which consent shall not be unreasonably withheld. If Wyeth declines to bring suit, ViroPharma may proceed with an infringement suit. Any recovery or damages derived from such a suit shall be used first to reimburse each of Wyeth and ViroPharma for their respective documented out-of-pocket legal expenses relating to the suit, with any remaining amounts to be shared equally by the Parties. If either Party desires not to proceed with or participate in a suit against a Third Party for infringement of a Collaboration Patent Right, such Party may, by written notice to the other Party, elect not to share in the expenses of such suit. In such event, the Party continuing to prosecute the infringement action shall have the right, but not the obligation to bring or continue such suit at its own expense and shall be entitled to retain any recovery or damages derived from such suit, and the Party electing not to participate in the suit shall reasonably cooperate with such other Party in prosecuting such infringement action. The Party bringing such action shall incur no liability to the other Party as a consequence of such litigation or any unfavorable decision resulting therefrom, including any decision holding any of the Collaboration Patent Rights invalid or unenforceable.
Collaboration Patent Rights. Each Party will have the exclusive right, but not the obligation, [***], to prepare, file, prosecute and maintain all of its Collaboration Patent Rights. All [***] costs and fees incurred by a Party in connection with preparation, filing, prosecution and maintenance of Collaboration Patent Rights in a [***]. To the extent any Collaboration Patent Right is or becomes [***] to performance by either Party of any aspect of the Collaboration Program or [***] to manufacture or Commercialization of a Collaboration Product or Royalty Product, the Party owning such Collaboration Patent Right will exercise [***] consistent with good faith business practices to maintain Control of such Collaboration Patent Rights.
(a) To the extent a Party elects not to file for a Collaboration Patent Right in a Major Market Country or elects to abandon any Collaboration Patent Right already filed in any country, that Party will notify the other Party in writing not less than [***] prior to the date such election is irrevocable without additional cost, and will offer the other Party the opportunity to assume, [***], the right to file for, prosecute and maintain such Collaboration Patent Right in such country. If the other Party accepts the offer by written notice to the first Party, the first Party will assign such Collaboration Patent Right to the other Party and will [***] assist the other Party in assuming the filing, prosecution and maintenance of such Collaboration Patent Right in such country. Such Collaboration Patent Right thereafter will be the other Party’s Independent Patent Rights.
(b) With respect to each United States patent application that is a Collaboration Patent Right, not less than [***] before filing any application for corresponding patent protection in foreign countries, the Party owning the Collaboration Patent Right will give to JSC a copy of the priority application and written notice of the foreign countries selected for filing. The JSC, in writing within [***] after such notice, may reject any selected country [***] and may request filing of applications in additional foreign countries. The Party will file in such additional countries and may file in the rejected countries. All [***] costs associated with filing, prosecution and maintenance of applications in [***]. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted por...
Collaboration Patent Rights. 65 (d) Continuance of Infringement of ViroPharma Patent Rights .................................................. 66 (e) Continuance of Infringement of the Wyeth Patent Rights .................................................. 66 8.2.3 Infringement and Third Party Licenses .......................... 67 (a) Infringement of Third Party Patents - Course of Action .. 67
Collaboration Patent Rights. The out of pocket costs of filing, maintaining and prosecuting Collaboration Patent Rights shall be borne by [...***...
Collaboration Patent Rights. Prior to IND Acceptance, Momenta shall be responsible for and shall pay all expenses associated with the preparation, filing, prosecution and maintenance of the Collaboration Patent Rights within the Collaboration Intellectual Property during that time. Upon IND Acceptance, each Party shall be responsible for [**] percent ([**]%) of the Legal Expenses associated with the preparation, filing, prosecution and maintenance of the Collaboration Patent Rights within the Collaboration Intellectual Property following IND Acceptance. Following achievement of both IND Acceptance and [**] for a Product, Xxxxxx shall be responsible for one hundred percent (100%) of the Legal Expenses associated with the preparation, filing, prosecution and maintenance of Collaboration Patent Rights within the Collaboration Intellectual Property for that Product.
Collaboration Patent Rights. Merck shall have the first right to file, prosecute, and maintain patents and patent applications claiming Collaboration Information and Inventions. Merck shall keep Cocrystal promptly advised of the status of any actual and prospective patent filings and upon Cocrystal’s request, shall provide advance copies of any papers related to the filing of Collaboration Information and Inventions and the prosecution and maintenance of Collaboration Patent Rights. Merck shall give notice to Cocrystal of any desire to cease prosecution and/or maintenance of Collaboration Patent Rights on a country-by-country basis in the Territory [*].
Collaboration Patent Rights. The Parties, through the Joint Patent Committee, shall establish a patent strategy for all Collaboration Patent Rights claiming or covering Collaboration Inventions. As part of such patent strategy, the Parties shall designate, on a Collaboration Invention-by- Collaboration Invention basis, one Party to be responsible for the filing, prosecution (including any interferences, oppositions, reissue proceedings and reexaminations) and maintenance of all Collaboration Patent Rights claiming or covering a Collaboration Invention. Each Party shall be provided (i) a draft of each and every patent application claiming or covering a Collaboration Invention prior to the filing of such patent application, allowing adequate time for review and comment by each Party; provided, however, that the Party responsible for any such patent application shall not be required to delay the initial filing of such patent application if such delay would jeopardize the ability of the Parties to secure priority status against Third Parties; and (ii) copies of all correspondence from any and all patent offices concerning patent applications within the Collaboration Patent Rights and an opportunity to comment on any proposed responses, voluntary amendments and submissions of any kind to be made to any and all such patent offices. If the responsible Party decides not to continue the prosecution or maintenance of any patent application or patent within the Collaboration Patent Rights, it shall promptly notify the other Party thereof. Following such notice, the other Party may, in its discretion, take over the prosecution and maintenance of any such patent application or patent within the Collaboration Patent Rights. All costs and expenses for the filing, prosecution (including any interferences, oppositions, reissue proceedings and reexaminations) and maintenance of Collaboration Patent Rights (other than Patent Rights solely within Chiron Opt-Out IP and/or XOMA Opt-Out IP ) shall be shared seventy percent (70%) by Chiron and thirty percent (30%)
Collaboration Patent Rights. 36 7.2 Filing, Prosecution and Maintenance of Patents..............36 7.3
