Common use of Interference, Opposition, Reexamination and Reissue Clause in Contracts

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. 7.3.1 Vertex (a) CytRx shall, within ten (10) days of learning of such event, inform Merck of any request for, or filing or declaration of, of any interference, opposition, or reexamination relating to Patent Rights. , Merck and Vertex CytRx 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 (b) CytRx shall not initiate institute any reexamination, interference or reissue proceeding relating to Patent Rights without the prior written consent of to Merck, which consent shall not be unreasonably withheld. 7.3.3 (c) In connection with any interference, opposition, reissue, or reexamination proceeding relating to Patent Rights and Collaboration Patent Rights, Merck and Vertex CytRx will cooperate fully and will provide each other with any information or assistance that either may reasonably request. Vertex CytRx shall keep Merck informed of developments in any such action or proceeding, including, to the extent permissible by law, consultation and approval of any settlementpermissible, the status of any settlement negotiations and the terms tenris of any offer related thereto. 7.3.4 Vertex (d) CytRx 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. 7.3.1 Vertex (a) RENOVIS shall, within ten (10) days of learning of such event, inform Merck MERCK of any request for, or filing or declaration of, any interference, opposition, or reexamination relating to Patent Rights. Merck MERCK and Vertex RENOVIS shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. Merck MERCK shall have the right to review and approve any submission to be made in connection with such proceeding. 7.3.2 Vertex (b) RENOVIS shall not initiate any reexamination, interference or reissue proceeding relating to RENOVIS Patent Rights without the prior written consent of Merckto MERCK, which consent shall not be unreasonably withheld. 7.3.3 (c) In connection with any interference, opposition, reissue, or reexamination proceeding relating to Patent Rights and Collaboration RENOVIS Patent Rights, Merck MERCK and Vertex RENOVIS will cooperate fully and will provide each other with any information or assistance that either may reasonably request. Vertex RENOVIS shall keep Merck 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 (d) RENOVIS 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 RENOVIS Patent Rights.

Interference, Opposition, Reexamination and Reissue. 7.3.1 Vertex 7.2.1 Dynavax shall, within ten (10) days [ * ] of learning notice of such eventan interference, opposition, reexamination or reissue with respect to Dynavax Patent Rights, inform Merck of such event. If any request forclaim of the patent involved covers Merck’s activities in the Field, or filing or declaration of, any interference, opposition, or reexamination relating to Patent Rights. Merck and Vertex Dynavax 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 consult with respect to any submission to be made in connection with such proceeding. 7.3.2 Vertex 7.2.2 Dynavax shall not initiate any reexamination, interference or reissue proceeding relating to Dynavax Patent Rights within the Field without the prior written consent of Merck, which consent shall not be unreasonably withheld. 7.3.3 7.2.3 In connection with any interference, opposition, reissue, or reexamination proceeding relating to Dynavax Patent Rights and Collaboration Patent Rightswithin the Field, Merck and Vertex Dynavax will cooperate fully and will provide each other with any information or assistance that either may reasonably request. Vertex Dynavax shall keep Merck informed of developments in any such action or proceeding, including, to the extent permissible by lawlaw and attorney-client privilege, consultation and approval of with respect to any settlement, the status of any settlement negotiations and the terms of any offer related thereto. 7.3.4 Vertex 7.2.4 Dynavax 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 Dynavax Patent Rights.