Interference, Opposition, Reexamination and Reissue. (a) Either Party shall, within ten (10) days of learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, opposition or reexamination relating to Ambit Licensed Patents, Ambit Program Patents or Joint Program Patents. The Lead Prosecution Party for such patent shall determine a reasonable course of action with respect to any such proceeding, provided that such Party shall consider in good faith the views of the other Party with respect to such proceeding. All responses to or defense against any such request or filing shall be included within the Prosecution efforts above.
(b) Astellas shall not initiate any reexamination, interference or reissue proceeding relating to the Ambit Licensed Patents, Ambit Program Patents or Joint Program Patents without first consulting with Ambit and considering its views on the matter. Ambit shall not initiate any reexamination, interference or reissue proceeding relating to Ambit Licensed Patents, Ambit Program Patents or Joint Program Patents without the prior written consent of Astellas, which consent shall not be unreasonably withheld.
(c) In connection with any interference, opposition, reissue or reexamination proceeding relating to Ambit Licensed Patents, Ambit Program Patents or Joint Program Patents, Astellas and Ambit will cooperate fully and will provide each other with any information or assistance that either may reasonably request. The Parties shall keep each other informed of developments in any such action or proceeding, including, to the extent permissible by law, consultation and approval of any settlement, the status of any settlement negotiations and the terms of any offer related thereto.
(d) Expenses with respect to any interference, opposition, reexamination or reissue proceeding relating to the Ambit Licensed Patents, Ambit Program Patents or Joint Program Patents shall be borne in the same manner as expenses for the Prosecution efforts with respect to such patents, as set forth above.
Interference, Opposition, Reexamination and Reissue. 7.3.1 Vertex shall, within ten (10) days of learning of such event, inform Merck of any request for, or filing or declaration of, any interference, opposition, or reexamination relating to Patent Rights. Merck and Vertex shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. Merck shall have the right to review and approve any submission to be made in connection with such proceeding.
7.3.2 Vertex shall not initiate any reexamination, interference or reissue proceeding relating to Patent Rights without the prior written consent of Merck, which consent shall not be unreasonably withheld.
7.3.3 In connection with any interference, opposition, reissue, or reexamination proceeding relating to Patent Rights and Collaboration Patent Rights, Merck and Vertex will cooperate fully and will provide each other with any information or assistance that either may reasonably request. Vertex shall keep Merck informed of developments in any such action or proceeding, including, to the extent permissible by law, consultation and approval of any settlement, the status of any settlement negotiations and the terms of any offer related thereto.
7.3.4 Vertex shall bear the expense of any interference, opposition, reexamination, or reissue proceeding relating to Patent Rights. The Parties shall share equally the expense of any interference, opposition, reexamination or re-issue proceeding relating to the Collaboration Patent Rights.
Interference, Opposition, Reexamination and Reissue. For Funded Patent Rights,
(a) ZNOMICS shall, within ten (10) days of learning of such event, inform MERCK of any request for, or filing or declaration of, any interference, opposition, reissue or reexamination relating to Funded Patent Rights. MERCK and ZNOMICS shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. MERCK shall have the right to review and approve any submission to be made in connection with such proceeding.
(b) ZNOMICS shall not initiate any reexamination, interference or reissue proceeding relating to Funded Patent Rights without the prior written consent of MERCK, which consent shall not be unreasonably withheld.
(c) In connection with any interference, opposition, reissue, or reexamination proceeding relating to Funded Patent Rights, MERCK and ZNOMICS will cooperate fully and will provide each other with any information or assistance that either may reasonably request. ZNOMICS shall keep MERCK informed of developments in any such action or proceeding, including, to the extent permissible by law, consultation on and approval of any settlement, the status of any settlement negotiations and the terms of any offer related thereto.
(d) ZNOMICS shall bear the expense, if ZNOMICS elects to engage in such proceedings, of any interference, opposition, reexamination, or reissue proceeding relating to Funded Patent Rights. ZNOMICS shall inform MERCK of its decisions on such proceedings promptly after the decisions are made. MERCK may elect to bear the expense of engaging in any interference, opposition, reexamination or reissue proceeding relating to Funded Patent Rights if ZNOMMICS elects not to engage in such proceedings.
Interference, Opposition, Reexamination and Reissue. (i) The Parties shall use their respective best efforts to within [***] of learning of any interference, opposition, reexamination or reissue event, inform the other Party of any request for, or filing or declaration thereof relating to LICENSED PATENTS. The Parties shall thereafter consult and cooperate fully to determine the course of action with respect to any such proceeding. Both Parties shall have the right to review and comment on any submission to be made in connection with any such proceeding.
(ii) LICENSOR shall not institute any reexamination or reissue proceeding relating to LICENSED PATENTS without having first consulted LICENSEE.
(iii) In connection with any interference, opposition, reissue or reexamination proceeding relating to LICENSED PATENTS, the Parties shall cooperate fully and shall provide each other with any information or assistance that either Party may reasonably request. LICENSOR shall keep LICENSEE informed of developments in any such action or proceeding, including, to the extent permissible, the status of any settlement negotiations and the terms of any offer related thereto.
(iv) LICENSOR shall bear the expense of any interference, opposition, reexamination or reissue proceeding relating to LICENSED PATENTS.
Interference, Opposition, Reexamination and Reissue. If JT becomes aware of any request for, or filing or declaration of any interference, opposition, or reexamination relating to JT Patents in the Gilead Expanded Territory for which JT is responsible for Prosecution, JT shall inform Gilead within thirty (30) days of learning of such event. The Parties shall reasonably cooperate with respect to such interference, opposition, or reexamination. Gilead shall have the right to review and consult with JT regarding any submission to be made in connection with such proceeding. JT shall give Gilead timely notice of any proposed settlement of an interference relating to an JT Patent, and shall not enter into such settlement without Gilead’s prior written consent (such consent not to be unreasonably withheld or delayed).
Interference, Opposition, Reexamination and Reissue. (a) AVEO shall, within ten (10) days of learning of such event, inform MERCK of any request for, or filing or declaration of, any interference, opposition, or reexamination relating to AVEO Patent Rights. MERCK and AVEO shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. MERCK shall have the right to review and approve any submission to be made in connection with such proceeding.
(b) AVEO shall not initiate any reexamination, interference or reissue proceeding relating to AVEO Patent Rights without the prior written consent to MERCK, which consent shall not be unreasonably withheld.
(c) In connection with any interference, opposition, reissue, or reexamination proceeding relating to AVEO Patent Rights, MERCK and AVEO will cooperate fully and will provide each other with any information or assistance that either may reasonably request. AVEO shall keep MERCK informed of developments in any such action or proceeding, including, to the extent permissible by law, consultation and approval of any settlement, the status of any settlement negotiations and the terms of any offer related thereto.
Interference, Opposition, Reexamination and Reissue. (a) Each party, within ten days of learning of such event, shall inform the other party of any request for, or filing or declaration of, any interference, opposition, or reexamination relating to the ARRIS Patents or Collaboration Patents. MERCK and ARRIS thereafter shall consult and cooperate fully to determine a course of action with respect to any such proceeding. MERCK shall have the right to review and approve any submission to be made in connection with such proceeding.
(b) ARRIS shall not institute any opposition, reexamination, or reissue proceeding relating to the ARRIS Patents or Collaboration Patents without the prior written consent of MERCK, which consent shall not unreasonably be withheld.
(c) In connection with any interference, opposition, reissue, or reexamination proceeding relating to the ARRIS Patents or Collaboration Patents, MERCK and ARRIS will cooperate fully and will provide each other with any information or assistance that either reasonably may request. ARRIS shall keep MERCK informed of developments in any such action or proceeding, including, to the extent permissible, the status of any settlement negotiations and the terms of any offer related thereto.
(d) Each party [***] proceeding relating to any patent application it files pursuant to Subsection 7.1(a) or patent issuing therefrom. The parties shall [***] any interference, opposition, reexamination or reissue proceeding relating to any patent application filed under Subsection 7.1(b) or patent issuing therefrom.
Interference, Opposition, Reexamination and Reissue. Gilead shall inform Achillion of any request for, or filing or declaration of, any interference, opposition, or reexamination relating to Achillion Patents within thirty (30) days of learning of such event. Achillion shall reasonably cooperate with Gilead with respect to such interference, opposition, or reexamination. Achillion shall have the right to review and consult with Gilead regarding any submission to be made in connection with such proceeding. Gilead shall give Achillion timely notice of any proposed settlement of an interference relating to an Achillion Patent, and shall not enter into such settlement without Achillion’s prior written consent (such consent not to be unreasonably withheld).
Interference, Opposition, Reexamination and Reissue. Either party shall, within ten (10) days of learning of such event, inform the other party of any request for, or filing or declaration of, any interference, opposition, or reexamination relating to ISIS Patent Rights in the Field. MERCK and ISIS shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding subject to the following:
(a) Any interference, opposition, reissue, or reexamination proceeding relating to ISIS Patent Rights which claim, cover or relate to Compound in the Territory shall be conducted at MERCK's expense by independent patent legal counsel chosen by MERCK and reasonably acceptable to
Interference, Opposition, Reexamination and Reissue. (a) Each Party, within ten (10) days of learning of such an event, shall inform the other of any request for, or filing or declaration of, any interference, opposition or reexamination relating to Isis Research Patent Assets. Merck and Isis thereafter shall consult and cooperate fully to determine an appropriate course of action with respect to any such proceeding and shall agree upon the Parties' rights of review and approval of submissions relating to such proceeding, provided, that Merck shall have the first right to control any such proceeding.
(b) In connection with any interference, opposition, reissue, or reexamination proceeding relating to Isis Research Patent Assets, Merck and Isis will cooperate fully and will provide each other with any information or assistance that either reasonably may request. Merck shall keep Isis informed of developments in any such action or proceeding, including, to the extent permissible, the status of any settlement negotiations and the terms of any offer related thereto.
(c) Merck shall bear the expense of any interference, opposition, reexamination, or reissue proceeding relating to Isis Research Patent Assets, provided that Merck is prosecuting the interference or opposition or that Merck has prosecuted the application resulting in the re-examination or reissue.
