Intellectual Property Disputes. If a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.6, in any country or other jurisdiction in which such rights apply.
Appears in 4 contracts
Samples: Collaboration and Option Agreement (Morphic Holding, Inc.), Collaboration and Option Agreement (Morphic Holding, Inc.), Collaboration and Option Agreement (Morphic Holding, Inc.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect to the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.117.6(a), unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 17.6(c) and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.617.5, in any country or other jurisdiction in which such rights apply.
Appears in 3 contracts
Samples: Collaboration Agreement (Reata Pharmaceuticals Inc), Collaboration Agreement (Reata Pharmaceuticals Inc), Collaboration Agreement (Reata Pharmaceuticals Inc)
Intellectual Property Disputes. If In the event that a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.112.6.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR arbitration proceeding in accordance with Section 13.5.3 12.6.1 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.6, jurisdiction in any country or other jurisdiction in which such rights apply.
Appears in 2 contracts
Samples: Development and License Agreement, Development and License Agreement (Principia Biopharma Inc.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.115.6.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding arbitration in accordance with Section 13.5.3 15.6.3 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding in accordance with Section 13.615.5, in any country or other jurisdiction in which such intellectual property rights apply.
Appears in 2 contracts
Samples: License and Collaboration Agreement (Silence Therapeutics PLC), License and Collaboration Agreement (Silence Therapeutics PLC)
Intellectual Property Disputes. If In the event that a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.116.6.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 16.6.4 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.616.5, in any country or other jurisdiction in which such rights apply.
Appears in 2 contracts
Samples: Option and Collaboration Agreement (Denali Therapeutics Inc.), Option and Collaboration Agreement (Denali Therapeutics Inc.)
Intellectual Property Disputes. If In the event that a Dispute dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any PatentPatent Rights, Trademark or other intellectual property rights, and such Dispute dispute cannot be resolved in accordance with Section 13.5.111.9, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding arbitration in accordance with Section 13.5.3 11.9.4 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.6, jurisdiction in any country or other jurisdiction in which such rights apply.
Appears in 2 contracts
Samples: License Agreement, License Agreement (Capstone Therapeutics Corp.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect to the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.113.7.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 13.7.3 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.6, in any country or other jurisdiction in which such rights apply.
Appears in 2 contracts
Samples: Co Development and Option Agreement (Alector, Inc.), Co Development and Option Agreement (Alector, Inc.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark Patent or other intellectual property rightsIntellectual Property Rights, and such Dispute cannot be resolved in accordance with Section 13.5.115.7.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding arbitration in accordance with Section 13.5.3 15.7.4 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.615.6, in any the country or other jurisdiction in which such rights apply.
Appears in 2 contracts
Samples: Co Development and License Agreement (GPC Biotech Ag), Co Development and License Agreement (Pharmion Corp)
Intellectual Property Disputes. If In the event that a Dispute arises with respect to the validity, scope, enforceability, or inventorship or ownership of any Patent, Trademark trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.116.7.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding arbitration in accordance with Section 13.5.3 16.7.3 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.616.6, in any country or other jurisdiction in which such intellectual property rights apply.
Appears in 2 contracts
Samples: Exclusive Research Collaboration, Option and License Agreement (Silence Therapeutics PLC), Exclusive Research Collaboration, Option and License Agreement (Silence Therapeutics PLC)
Intellectual Property Disputes. If In the event that a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark Patent or other intellectual property rightsIntellectual Property Rights, and such Dispute cannot be resolved in accordance with Section 13.5.114.6.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding arbitration in accordance with Section 13.5.3 14.6.3 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.6, jurisdiction in any the country or other jurisdiction in which such rights apply.
Appears in 1 contract
Samples: Exclusive License Agreement (Electro Optical Sciences Inc /Ny)
Intellectual Property Disputes. If In the event that a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark or other intellectual property rightsright, and such Dispute cannot be resolved in accordance with Section 13.5.119(a), unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 19(c) and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.6, in any country or other jurisdiction in which such rights apply.
Appears in 1 contract
Samples: Clinical Trial Collaboration and Supply Agreement (Idera Pharmaceuticals, Inc.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect to the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.114.7.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 14.7.3 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.614.6, in any country or other jurisdiction in which such rights apply.
Appears in 1 contract
Samples: Discovery Collaboration and License Agreement (Harpoon Therapeutics, Inc.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect to the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 and instead14.6.1 (General), either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.614.5 (Governing Law, Jurisdiction and Service), in any country or other jurisdiction in which such rights apply.
Appears in 1 contract
Samples: Collaboration and License Agreement (Denali Therapeutics Inc.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.113.6.1, and, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding arbitration in accordance with Section 13.5.3 13.6.3 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.613.5, in any country or other jurisdiction in which such rights apply.
Appears in 1 contract
Samples: Gamma Ip Licence Agreement (Denali Therapeutics Inc.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.114.7.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 14.7.3 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.6, in any country or other jurisdiction in which such rights apply.
Appears in 1 contract
Samples: Discovery Collaboration and License Agreement (CytomX Therapeutics, Inc.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.111.6.1, and, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding arbitration in accordance with Section 13.5.3 11.6.3 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.611.5, in any country or other jurisdiction in which such rights apply.
Appears in 1 contract
Samples: Gamma Support Services Agreement (Spring Bank Pharmaceuticals, Inc.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect to the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.111.7(a), unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 11.7(c) and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.611.6, in any country or other jurisdiction in which such rights apply.
Appears in 1 contract
Intellectual Property Disputes. If In the event that a Dispute arises with respect to the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark Patent Right or other intellectual property rightsIntellectual Property, and such Dispute dispute cannot be resolved in accordance with Section 13.5.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 and instead15.6.1 (General), either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.615.5 (Governing Law and Service), in any country or other jurisdiction in which such rights apply.
Appears in 1 contract
Samples: Right of First Negotiation, Option and License Agreement (Denali Therapeutics Inc.)
Intellectual Property Disputes. If 7.2.1 In the event that a Dispute dispute arises with respect to the scope, ownership, validity, scope, enforceability, inventorship revocation or ownership infringement of any Patent, Trademark or other intellectual property rightsIntellectual Property, and such Dispute dispute cannot be resolved by the management of both Parties in accordance with Section 13.5.13.2.4, unless otherwise agreed by the Parties in writing, such Dispute shall dispute will not be submitted to an ADR proceeding in accordance with Section 13.5.3 arbitration and instead, either Party may initiate litigation solely in a court or other tribunal of competent jurisdictionjurisdiction in the country of issuance, notwithstanding Section 13.6registration, in any country application or other jurisdiction in which such rights applyprotection, as applicable, of the item of Intellectual Property that is the subject of the dispute.
Appears in 1 contract
Samples: Research, Collaboration and License Agreement (Amyris, Inc.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership patentability of any Patent, Trademark Patent or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.115.1 (Disputes), unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 15.3 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.6, in any country or other jurisdiction in which such rights apply.
Appears in 1 contract
Samples: License, Development and Commercialization Agreement (Immatics N.V.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect the validity, scope, enforceability, inventorship or ownership of any Patent, Trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.1by the IP Group or Executive Officers, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 12.6.4 and instead, either Party may initiate litigation in a court of competent jurisdiction, notwithstanding Section 13.612.6.7, in any country or other jurisdiction in which such rights apply.
Appears in 1 contract
Samples: Exclusive Option Agreement (Aldeyra Therapeutics, Inc.)
Intellectual Property Disputes. If In the event that a Dispute arises with respect to the validity, scopepatentability, enforceability, inventorship or ownership enforceability of any Patent, Trademark or other intellectual property rights, and such Dispute cannot be resolved in accordance with Section 13.5.114.5.1, unless otherwise agreed by the Parties in writing, such Dispute shall not be submitted to an ADR proceeding in accordance with Section 13.5.3 14.5.2 and instead, either Party may initiate litigation or proceeding in a court or governmental agency of competent jurisdiction, notwithstanding Section 13.614.6, in any country or other jurisdiction in which such rights apply.
Appears in 1 contract
Samples: Collaboration and License Agreement (REGENXBIO Inc.)