Company Patents. As between the Parties, Company shall have sole right, but not the obligation, to defend and control the defense of the validity and enforceability of (a) Patents included in the Company Background IP and (b) Company Foreground Patents, in each case ((a) and (b)), at its sole cost and expense and using counsel of its own choice.
Appears in 2 contracts
Samples: Master Collaboration Agreement (ArcherDX, Inc.), Master Collaboration Agreement (ArcherDX, Inc.)
Company Patents. As between the Parties, Company shall have the sole right, but not the obligation, using counsel of its own choice, to defend prepare, file, prosecute and control the defense of the validity and enforceability of maintain (a) Patents included in the Company Background IP and (b) Company Foreground PatentsPatents worldwide, and to be responsible for any related interference, re-issuance, re-examination, review, opposition proceedings and patent term extensions, in each case ((a) and (b))case, at its sole cost and expense and using counsel of its own choiceexpense.
Appears in 2 contracts
Samples: Master Collaboration Agreement (ArcherDX, Inc.), Master Collaboration Agreement (ArcherDX, Inc.)
Company Patents. As between the Parties, Company shall will have the sole right, right (but not the obligation, ) to enforce and defend and control the defense of the validity and enforceability of (a) Company Patents included in the Company Background IP and (b) Company Foreground PatentsTerritory, in each case ((a) and (b)), at its sole cost and expense and using counsel of its own choice, in its own name and under Company’s sole direction and control.
Appears in 1 contract
Samples: License Agreement (Day One Biopharmaceuticals Holding Co LLC)
Company Patents. As between the Parties, Company shall have the sole right, but not the obligation, to defend institute, prosecute and control the defense any action or proceeding with respect to any infringement of the validity and enforceability of (a) Patents included in the any Company Background IP Patent and Company Agreement Patent (b) other than any Company Foreground Patents, in each case ((a) and (b)Product-Specific Patent or any Patent that would constitute a Company Product-Specific Patent following the License Effective Date with respect to a Collaboration Target), at its sole cost and expense and using by counsel of its own choice, in Company’s own name and under Company’s direction and control.
Appears in 1 contract
Samples: Master Collaboration Agreement (Kymera Therapeutics, Inc.)