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

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. For Funded Patent Rights, (a) ZNOMICS shallA Licensor, within ten (10) days of learning of such an event, shall inform MERCK Merck of any request for, or filing or declaration of, any interference, opposition, reissue opposition or reexamination relating to Funded Patent RightsAssets. MERCK Merck and ZNOMICS such Licensor thereafter shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. MERCK proceeding and shall have agree upon the right to Parties' rights of review and approve any submission approval of submissions relating to be made such proceeding based upon the Parties' relative interests in connection with such proceedingthe relevant portion of Patent Assets. (b) ZNOMICS A Licensor shall not initiate institute any opposition, reexamination, interference or reissue proceeding relating to Funded Patent Rights Assets without the prior written consent of MERCKMerck, which consent shall not unreasonably be unreasonably withheldwithheld or delayed. (c) In connection with any interference, opposition, reissue, or reexamination proceeding relating to Funded Patent RightsAssets, MERCK Merck and ZNOMICS Licensors will cooperate fully and will provide each other with any information or assistance that either reasonably may reasonably request. ZNOMICS Licensors shall keep MERCK Merck informed of developments in any such action or proceeding, including, to the extent permissible by law, consultation on and approval of any settlementpermissible, the status of any settlement negotiations and the terms of any offer related thereto. (d) ZNOMICS Licensors shall bear the expense, if ZNOMICS elects to engage in such proceedings, expense 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 proceedingsAssets.

Interference, Opposition, Reexamination and Reissue. For Funded Patent Rights, (a) ZNOMICS CytRx shall, within ten (10) days of learning of such event, inform MERCK PDC of any request for, or filing or declaration of, of any interference, opposition, reissue or reexamination relating to Funded Patent Rights. MERCK PDC and ZNOMICS CytRx and to the extent applicable Merck and Vical shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. MERCK To the extent applicable to the Field and the rights licensed hereunder, PDC shall have the right to review and approve any submission to be made in connection with such proceeding. (b) ZNOMICS CytRx shall not initiate institute any reexamination, interference or reissue proceeding relating to Funded Patent Rights without the prior written consent of MERCKPDC, which consent shall not be unreasonably withheld. (c) In connection with any interference, opposition, reissue, or reexamination proceeding relating to Funded Patent Rights, MERCK PDC and ZNOMICS CytRx will cooperate fully and will provide each other with any information or assistance that either may reasonably request. ZNOMICS CytRx shall keep MERCK PDC informed of developments in any such action or proceeding, including, to the extent permissible by law, consultation on and approval of any settlementpermissible, the status of any settlement negotiations and the terms of any offer related thereto. (d) ZNOMICS So long as PDC continues to have an obligation to pay royalties under this Agreement, CytRx shall bear the expense, if ZNOMICS elects to engage in such proceedings, expense of any interference, opposition, reexamination, or reissue proceeding relating to Funded Patent Rights. ZNOMICS Otherwise, such expenses 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 proceedingsbe borne by PDC.

Interference, Opposition, Reexamination and Reissue. For Funded Patent Rights, (a) ZNOMICS CytRx shall, within ten (10) days of learning of such event, inform MERCK Vical of any request for, or filing or declaration of, of any interference, opposition, reissue or reexamination relating to Funded Patent Rights. MERCK Vical and ZNOMICS CytRx and to the extent applicable Merck shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. MERCK To the extent applicable to the Field and the rights licensed hereunder, Vical shall have the right to review and approve any submission to be made in connection with such proceeding. (b) ZNOMICS CytRx shall not initiate institute any reexamination, interference or reissue proceeding relating to Funded Patent Rights without the prior written consent of MERCKto Vical, which consent shall not be unreasonably withheld. (c) In connection with any interference, opposition, reissue, or reexamination proceeding relating to Funded Patent Rights, MERCK Vical and ZNOMICS CytRx will cooperate fully and will provide each other with any information or assistance that either may reasonably request. ZNOMICS CytRx shall keep MERCK Vical informed of developments in any such action or proceeding, including, to the extent permissible by law, consultation on and approval of any settlementpermissible, the status of any settlement negotiations and the terms of any offer related thereto. (d) ZNOMICS So long as Vical continues to have an obligation to pay royalties under this Agreement, CytRx shall bear the expense, if ZNOMICS elects to engage in such proceedings, expense of any interference, opposition, reexamination, or reissue proceeding relating to Funded Patent Rights. ZNOMICS Otherwise, such expenses 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 proceedingsbe borne by Vical.