Common use of Intellectual Property Rights Maintenance Clause in Contracts

Intellectual Property Rights Maintenance. Patent and Trademark ------------------------------------------------------------- Prosecution. TheraSense will be responsible for maintaining all patents, ----------- TheraSense Trademarks and trade names and/or diligently prosecuting all patent applications covering the FreeStyle Products in the FreeStyle Territory. TheraSense shall use its reasonable commercial judgment in determining the level and extent of patent protection to pursue in the FreeStyle Territory. In the event TheraSense elects to abandon a particular issued patent or trademark registration covering a Freestyle Product in a particular country in the European Territory, TheraSense will notify Disetronic of such election. Disetronic shall have the right, within thirty (30) days of such notice, to elect to pay the on-going fees and costs associated with maintaining such patent or trademark registration. Notwithstanding the foregoing, any such patent or trademark registration shall be maintained in TheraSense's name.