Curis Patent Rights. On a Licensed Program-by-Licensed Program basis after Curis’ exercise of the Option for a Program, Aurigene shall have the first right, but not the obligation, to bring and control any action or proceeding against a Third Party for infringement of any Curis Patent Right relevant to such Licensed Program in the Aurigene Territory with respect to any infringing activity that is competitive with a Program Compound or Product, at its own expense and by counsel of its own choice, and Curis shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. If Aurigene fails to bring any such action or proceeding within (A) [**] days following its learning of alleged infringement, or (B) [**] days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, then Curis shall have the right to bring and control any such action, at its own expense and by counsel of its own choice, and Aurigene shall have the right, but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice.
Curis Patent Rights. On a Licensed Program-by-Licensed Program basis after Curis’ exercise of the Option for a Program, Aurigene shall have the right to determine the Curis Patent Rights for which it will apply for patent extension in any country or region of the Aurigene Territory for any Product from such Licensed Program. Aurigene shall file for any such extension at Aurigene’s cost and expense. Curis shall provide all reasonable assistance to Aurigene in connection with such filings, provided that Aurigene shall pay or reimburse any out-of-pocket costs incurred by Curis in providing such assistance.
Curis Patent Rights. As between the parties, Curis shall have the sole right, but not the obligation, to prepare, file, prosecute and maintain, throughout the world, all patent applications and patents included within the Curis Patent Rights, including, without limitation, Patent Rights claiming Inventions made solely by Curis in connection with the research, development, manufacturing or commercialization of any Licensed Compound, Preclinical Compound, Selected Compound or Product in the P&G Field. Curis shall advise and, to the extent practicable in light of Curis’ rights [**] under any other agreement between Curis and a Third Party, consult with P&G in the preparation, filing, prosecuting and maintaining of Curis Patent Rights. Curis shall give timely notice to P&G of any decision not to file applications for, or to cease prosecution and/or maintenance of, or not to continue to pay the expenses of prosecution and/or maintenance of, any Curis Patent Right as to which Curis (and not [**] any Third Party) controls preparation, filing, prosecution and maintenance on a country-by-country basis and, in such case, shall permit P&G, at its sole discretion and expense, to file or to continue prosecution or maintenance of such Curis Patent Right. If P&G takes such responsibility then such patent application or patent will no longer be considered a Curis Patent Right, and P&G shall have an exclusive, royalty-free, fully-paid license to such Patent Right.
Curis Patent Rights. The parties agree that P&G (A) shall reimburse Curis for [**]% of the actual reasonable out of pocket costs incurred by Curis after the Effective Date and either (x) before January 1, 2006 or (y) at any time if such costs are incurred in connection with the translation and national conversion of the European patent application included in the Curis Patent Rights known as CUR-081-CP3EP (EP 1272168) (“Translation Costs”), and [**]% of the actual reasonable out of pocket costs incurred by Curis on or after January 1, 2006 (excluding the Translation Costs) for the prosecution and maintenance of those patent applications and patents included within the Curis Patent Rights, which patent applications and patents are exclusively licensed to P&G in the P&G Field under Section 5.1 hereof and are not licensed to any Third Party at the time such costs are incurred; and (B) shall reimburse Curis for a pro rata share (as provided below) of the reasonable out of pocket costs incurred after the Effective Date by Curis for the prosecution and maintenance of those patent applications and patents included within the Curis Patent Rights that are exclusively licensed to P&G in the P&G Field under Section 5.1 hereof at the time such costs are incurred and are also licensed to one or more other Third Parties in such Third Parties’ respective fields (such costs incurred pursuant to the preceding clauses (A) and (B) being hereinafter collectively referred to as “Curis Patent Costs”). Such reimbursement under Section 8.2(b)(i)(B) shall be made on a pro rata basis such that the cost is equally divided among P&G and such other Third Parties. Notwithstanding the foregoing, P&G shall not be obligated to reimburse Curis for its share of Curis Patent Costs until the First Preclinical Milestone Payment becomes payable, at which time Curis shall invoice P&G for, and P&G shall pay to Curis, all Curis Patent Costs incurred up to such time. Curis represents and warrants that, as of the Effective Date, Curis’s good faith estimate of the total amount of the Curis Patent Costs for the period from the Effective Date through December 31, 2006 that P&G will be obligated to reimburse hereunder will be less than $[**]. However, P&G acknowledges that the foregoing is only an estimate and is based on Curis’ patent prosecution strategy as of the Effective Date and data available to Curis as of the Effective Date, including but not limited to information provided by external U.S. patent counsel and forei...
Curis Patent Rights. As between the parties, Curis shall have the sole right to take action, including the initiation and prosecution of legal action, to terminate any such infringement of any of the Curis Patent Rights, or to control the defense of any declaratory relief action relating thereto, at its own expense. If Curis and, if applicable, any Third Party having a prior right to enforce a Curis Patent Right determine not to initiate such action or defense such declaratory relief action, Curis shall provide P&G with prompt written notice thereof. Upon notice to Curis and subject to the rights of [**] any other Third Party to whom Curis grants or has granted a license under the Curis Patent Rights to be advised of or participate in such action, P&G shall have the right but not the obligation to initiate and prosecute such legal action, or to control the defense of any declaratory relief action relating thereto, at its own expense.
Curis Patent Rights. (1) Subject to the patent prosecution rights of certain Third Party licensors pursuant to the Curis Third Party Agreements, Curis will continue to be responsible for filing, prosecution and maintenance of the Curis Patent Rights until such time as Wyeth, in Wyeth’s sole discretion, elects to assume control of such activities of any patent application or patent included within the Curis Patent Rights that is exclusively licensed to Wyeth which patent or patent application claims any method of use, composition of matter, or method of manufacture of any Agreement Compound. Notwithstanding the foregoing, Wyeth shall
Curis Patent Rights. On a Licensed Program-by-Licensed Program basis after Curis’ exercise of the Option for a Program, Aurigene shall have the right to determine the
