Equillium Territory. Equillium shall have the sole right, but not the obligation, to prosecute and maintain the Equillium Patents in the Equillium Territory, at its sole cost and expense.
Equillium Territory. Equillium shall have the first right, but not the obligation, to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of a Biocon Patent in the Equillium Territory, at Equillium’s own expense and by counsel of its own choice, and Biocon shall have the right to be represented in any such action or proceeding, at Biocon’s own expense (subject to Section 7.5(d)) and by counsel of its own choice. If Equillium fails to bring any such action or proceeding with respect to Competitive Infringement of any Biocon Patent in the Equillium Territory within […***…] following the notice of alleged Competitive Infringement, Biocon shall have the right to bring (or defend) and control any such action at its own expense and by counsel of its own choice, and Equillium shall have the right, at its own expense (subject to Section 7.5(d)), to be represented in any such action by counsel of its own choice.
Equillium Territory. Equillium shall have the sole right, in its discretion, to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of an Equillium Patent in the Equillium Territory, at Equillium’s own expense and by counsel of its own choice, and Biocon shall have no rights in connection therewith.
Equillium Territory. Equillium shall have the first right, but not the obligation, to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of any Joint Patent in the Equillium Territory, at its own expense and by counsel of its own choice, and Biocon shall have the right, at its own expense (subject to Section 7.5(d)), to be represented in any such action by counsel of its own choice. If Equillium fails to bring any such action or proceeding with respect to Competitive Infringement of any Joint Patent in the Equillium Territory within [ …***…] following the notice of alleged infringement, Biocon shall have the right to bring (or defend) and control any such action at its own expense and by counsel of its own choice, and Equillium shall have the right, at its own expense (subject to Section 7.5(d)), to be represented in any such action by counsel of its own choice; provided, however, that if the applicable Competitive Infringement is the result of a party’s receipt of a Patent Certification with respect to a Joint Patent in the Equillium Territory, Equillium shall notify Biocon of Equillium’s decision to bring (or defend) and control any action or proceeding within 10 days of Equillium’s receipt of such Patent Certification with respect to such Joint Patent, after which time Biocon shall have the right to bring (or defend) and prosecute such action, and Equillium shall have the right, at its own expense (subject to Section 7.5(d)), to be represented in any such action by counsel of its own choice.
Equillium Territory. Equillium shall have the first right, but not the obligation, to prosecute and maintain any Biocon Patents in the Equillium Territory, in Biocon’s name and at Equillium’s sole cost and expense using counsel reasonably acceptable to
Equillium Territory. Equillium shall have the first right, but not the obligation, to prosecute and maintain any Biocon Patents in the Equillium Territory, in Biocon’s name and at Equillium’s sole cost and expense using counsel reasonably acceptable to Biocon. Equillium shall consult with Biocon as to the prosecution and maintenance of Biocon Patents in the Equillium Territory reasonably prior to any deadline or action with any patent office, and shall furnish to Biocon copies of all relevant drafts and documents reasonably in advance of such consultation. Equillium shall keep Biocon reasonably informed of progress with regard to the prosecution and maintenance of Biocon Patents in the Equillium Territory and shall provide to Biocon copies of all material patent office submissions within a reasonable amount of time following submission thereof by Xxxxxxxxx. Equillium shall consider the comments of Biocon in good faith. If Equillium desires to abandon or cease prosecution or maintenance of any Biocon Patent in any country of the Equillium Territory, Equillium shall provide written notice to Biocon of such intention promptly after Equillium makes such determination (which notice shall be given no later than 45 days prior to the next deadline for any action that must be taken with respect to such Biocon Patent in the relevant patent office), and Biocon shall have the right, but not the obligation, to assume responsibility for prosecution and maintenance of such Biocon Patent at its sole cost and expense. If Biocon continues prosecuting and maintaining such Biocon Patent in such country following abandonment or cessation of prosecution or maintenance by Xxxxxxxxx, such Biocon Patent in such country shall be excluded from the Equillium License, and all rights to such Biocon Patent in such country shall terminate and revert to Biocon.
Equillium Territory. Section 1.41 of the Original Agreement is hereby amended and restated to read in its entirety as follows:
