Initial Responsibility. MannKind shall be responsible, in its discretion, for the preparation, filing, prosecution and maintenance of all MannKind Patents (including the right to conduct any interferences, oppositions, or reexaminations thereon and to request any reissues or patent term extensions thereof), at MannKind’s sole expense.
Initial Responsibility. AcelRx shall be responsible for the preparation, filing, prosecution and maintenance of all AcelRx Patents and Joint Patents, at AcelRx’s sole expense, using counsel of its choice which are reasonably acceptable to Grünenthal. Grünenthal shall be responsible for the preparation, filing, prosecution and maintenance of all Assigned Patents and Grünenthal Patents, at Grünenthal’s sole expense, using counsel of its choice which are reasonably acceptable to AcelRx. Each Party shall keep the other Party fully and promptly informed of progress with regard to the preparation, filing, prosecution and maintenance of the each of the Patents for which it has responsibility as provided under this Section 10.2(a) AcelRx shall consider and adopt in good faith the requests and suggestions of Grünenthal with respect to strategies for filing and prosecuting AcelRx Patents in the Territory. Further, AcelRx shall notify Grünenthal without undue delay of any patent applications that are specific to the Licensed Product and the Parties shall discuss in good faith assignment of such patent applications to Grünenthal for the Territory. Upon assignment such patent applications shall become “Assigned Patents”. Grünenthal shall consider and adopt in good faith the requests and suggestions of AcelRx with respect to strategies for filing and prosecuting Assigned Patents in the Territory.
Initial Responsibility. EMulate will be responsible for the preparation, filing, prosecution, and maintenance of Joint Patents worldwide, subject to the rest of this Section 9.2(e). EMulate will be responsible for preparing, filing, prosecuting, and maintaining all Joint Patents, using a patent counsel selected by EMulate and reasonably acceptable to Hapbee; provided, that Hapbee and EMulate will share equally the cost and expenses of the preparation, filing, prosecution, and maintenance of Joint Patents, and Hapbee will reimburse EMulate for Hapbee’s portion of such costs and expenses incurred by EMulate within thirty (30) days from the date of invoice for such costs and expenses by EMulate.
Initial Responsibility. With regard to Joint Patents worldwide, (A) MannKind shall be responsible, in its discretion, for the preparation, filing, prosecution and maintenance of Joint Patents that primarily claim or cover a Formulation or Device, where (1) the Formulation so covered or claimed is generally applicable to any Formulation and is neither specific nor primarily related to the Formulation contained or used in a Product or any other Formulation of API (including as the definition of “API” may be expanded by operation of Section 2.6) and (2) the Device so covered or claimed is generally applicable to any Formulation and is neither specific nor primarily related to the Formulation contained or used in a Product or any other Formulation of API (including as the definition of “API” may be expanded by operation of Section 2.6) (“General Joint Patents”) (including the right to conduct any interferences, oppositions, or reexaminations thereon and to request any reissues or patent term extensions thereof), subject to this Section 9.2(c) and at MannKind’s sole expense; and (B) United Therapeutics shall be responsible, in its discretion, for the preparation, filing, prosecution and maintenance of Joint Patents other than General Joint Patents (“Other Joint Patents”) (including the right to conduct any interferences, oppositions, or reexaminations thereon and to request any reissues or patent term extensions thereof), subject to this Section 9.2(c) and at United Therapeutics’ sole expense. MannKind in its role as the Party responsible for General Joint Patents and United Therapeutics in its role as the Party responsible for Other Joint Patents shall be referred to as the “Joint Patent Lead”.
Initial Responsibility. (1) Alexza shall be responsible for the preparation, filing, prosecution and maintenance of all Alexza Patents other than the Product-Specific Alexza Patents [ * ], and Teva shall be responsible for the preparation, filing, prosecution and maintenance of all Product-Specific Alexza Patents [ * ]. As used herein, the responsibilities for the preparation, filing, prosecution and maintenance of such Patents include the responsibility for any interferences, reexaminations, inter partes review, post grant review, reissues, oppositions, revocation actions and the like, and gaining patent term restorations, supplemental protection certificates or their equivalents, and patent term extensions related thereto, unless otherwise set forth in this Agreement. Alexza shall keep Teva informed in a timely manner, but not less frequently than once per [ * ], of progress with regard to the preparation, filing, prosecution and maintenance of Alexza Patents (other than the Product-Specific Alexza Patents) in the U.S., and Teva shall keep Alexza informed in a timely manner, but not less frequently than once per [ * ], of progress with regard to the preparation, filing, prosecution and maintenance of the Product-Specific Alexza Patents. Alexza shall consider in good faith and not unreasonably reject the comments, requests and suggestions of Teva with respect to strategies for filing and prosecuting Alexza Patents (other than the Product-Specific Alexza Patents) in the U.S. that are relevant to the Product, provided that Alexza shall not in any event take actions with respect to the preparation, filing, prosecution and maintenance of such Alexza Patents that could negatively impact the Product or Teva’s rights hereunder.
(2) In addition, Alexza, upon Teva’s written request, shall promptly file new Product-Specific Alexza Patents (e.g., a U.S. continuation, continuation-in-part or divisional application of such Alexza Patent) (the “Future Product-Specific Alexza Patents”) claiming priority to any Alexza Patents having a specification that could [ * ] and enable a composition-of-matter claim, manufacturing claim, process claim or a method-of-use claim in each case Covering only a Product, and Teva shall be responsible for the preparation, filing, prosecution and maintenance of such Future Product-Specific Alexza Patents on behalf of Alexza at Teva’s sole cost and expense. Teva shall consult with Alexza in preparing Future Product-Specific Alexza Patent applications and shall consi...
Initial Responsibility. ACADIA shall be responsible for the preparation, filing, prosecution and maintenance of all ACADIA Patents […***…]. ACADIA shall keep BLS in a timely manner, but not less frequently than once per Calendar Quarter, informed of progress with regard to the preparation, filing, prosecution and maintenance of ACADIA Patents in the Territory. […***…].
Initial Responsibility. BLS shall be responsible for the preparation, filing, prosecution and maintenance of BLS Patents […***…]. BLS shall keep ACADIA in a timely manner, but not less frequently than a quarterly basis informed of progress with regard to the preparation, filing, prosecution and maintenance of BLS Patents. […***…].
Initial Responsibility. ACADIA shall be responsible for the preparation, filing, prosecution and maintenance of Joint Patents worldwide, subject to the rest of this Section 9.2(c). ACADIA shall be responsible for preparing, filing, prosecuting, maintaining and enforcing all Joint Patents, using a patent counsel selected jointly by the Parties […***…].
Initial Responsibility. Teva shall be responsible for the preparation, filing, prosecution and maintenance of Joint Patents worldwide, including being responsible for any interferences, reexaminations, reissues, oppositions, revocation actions and the like, and gaining patent term restorations, supplemental protection certificates or their equivalents, and patent term extensions with respect thereto, unless otherwise set forth in this Agreement, and subject to the remainder of this Section 10.2(c). Teva shall be responsible for activities related to preparing, filing, prosecuting and maintaining all Joint Patents, at Teva’s cost and expense, provided that during the period when Teva is conducting such activities at its sole expense, Alexza shall not grant a license to any Third Party for any Joint Inventions, including Joint Patents, except with respect to the Product (but not [ * ]) outside of the U.S. In the event Alexza wishes to grant a license to a Third Party for any Joint Invention other than the Product, Alexza shall first negotiate an exclusive license to such rights with Teva in good faith, to the extent such rights are not already exclusively licensed hereunder. In the event the Parties cannot agree on the terms of the exclusive license for such rights, or Teva does not desire such exclusive license, Alexza shall reimburse Teva [ * ] of all future costs and expenses incurred by Teva in preparing, filing, prosecuting and maintaining all Joint Patents, and Alexza shall no longer be restricted under this Section 10.2(c)(i) from granting licenses to any such Joint Inventions to a Third Party. For clarity, the Parties will from that point forward equally share all costs and expenses for the preparation, filing, prosecution and maintenance of Joint Patents not exclusively licensed by Teva from Alexza. [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Initial Responsibility. Brii Bio shall be responsible for the preparation, filing, prosecution, and maintenance of Joint Patents in the Licensed Territory, subject to the rest of this Section 12.2(b). In carrying out its obligations pursuant to this Section 12.2(b), Brii Bio shall retain patent counsel, which patent counsel will be instructed to copy both VBI and Brii Bio on all correspondence relating to the Joint Patents.
