Jointly Owned Patents. In the event that the parties become aware of any alleged or threatened infringement of the jointly owned Program Patents in either party's Territory, the party in whose Territory the infringement is occurring shall have the right to bring, at such party's expense, an appropriate action against any person or entity directly or contributorily infringing such jointly owned Program Patent. In such event, the other party hereby agrees to cooperate reasonably with the party bringing such action in any such efforts, including if required to bring such action, the furnishing of a power of attorney. In the event the party in whose Territory the infringement is occurring fails to institute an infringement suit or take other reasonable action to protect the relevant Program Patent, the other party shall have the right, upon [ * ] of notification of the party in whose Territory the infringement is occurring, to institute such suit or take other appropriate action at its own expense in its own name, the joint owner's name, or both. In such event, the party not bringing such action hereby agrees to cooperate reasonably with the party bringing such action in any such effort, including if required to bring such action, the furnishing of a power of attorney. Regardless of which party brings the action, any recovery obtained by settlement or otherwise shall be disbursed as follows: [ * ].
Jointly Owned Patents. The responsibility for the filing, prosecution and maintenance of Joint Collaboration Patents shall be determined by the Parties, including conducting related interference and opposition proceedings relating thereto, without prejudice to ownership, on behalf of both Parties based on a good faith determination of the relative contributions of the Parties to the Invention and the relative level of interest of the Parties in the Invention; provided, however that the Parties may also decide not to file a Joint Collaboration Patent for any such Joint Invention. At least ten (10) Business Days prior to the contemplated filing, the Party responsible for such activities for a Joint Collaboration Patent shall submit a substantially completed draft of such Joint Collaboration Patent to the other Party for its approval. Should the agreed upon Party elect not to prepare and/or file any such Joint Collaboration Patent, it shall (a) provide the other Party with written notice as soon as reasonably possible after making such election but in any event no later than twenty (20) Business Days before the other Party would be faced with a possible loss of rights, (b) give the other Party the right, at the other Party’s discretion, to prepare, file, prosecute or maintain the Joint Collaboration Patent, and (c) offer reasonable assistance in connection with such preparation, filing, prosecution or maintenance.
Jointly Owned Patents. In the event of an Infringement of Joint Patent Rights, the Parties shall agree which Party will have the rights and responsibilities of abating such Infringement, and how the expenses and any recovery thereof shall be shared. In this event, the responsible Party shall [*****], and shall keep the other Party fully informed as to the status of such matters. In the event only one Party wishes to pursue such proceeding, it shall have the right to proceed alone, at its expense, and may retain any recovery, and the other Party agrees, at the request and expense of the Party initiating such action, to cooperate and join in any proceedings in the event that a Third Party asserts that the co-owner of such Joint Invention is necessary or indispensable to such proceedings.
Jointly Owned Patents. Notwithstanding Section 6.4.1 above, in the event that any Joint Patent Right is infringed or misappropriated by a Third Party, GSK and Unigene shall discuss whether, and, if so, how, to enforce or defend such Joint Patent Right in an infringement action, declaratory judgment or other proceeding. In the event only one Party wishes to participate in such proceeding, it shall have the right to proceed alone, at its expense, and may retain any recovery; provided, at the request and expense of the participating Party, the other Party agrees to cooperate and join in any proceedings in the event that a Third Party asserts that the co-owner of such Joint Patent Right is necessary or indispensable to such proceedings.
Jointly Owned Patents. Once the Patent Committee has determined that an Invention is Jointly-Owned IP, then the Patent Committee shall inform the Parties of such decision in writing. TOTAL shall have fourteen (14) days from the receipt of such written notice to determine whether TOTAL is interested in participating in the filing of a patent application with respect to the Invention.
(i) If TOTAL either declines or does not affirmatively responds within the fourteen (14) days, then AMYRIS shall have the first right, but not the obligation, to prepare and file patent applications and maintain patents in both Parties’ name using counsel acceptable to TOTAL; provided that AMYRIS provides TOTAL copies of all correspondence with any patent authority and material correspondence with patent counsel. TOTAL shall assist AMYRIS in connection with the filing of the patent application as reasonably required. If AMYRIS does not exercise its first right, then TOTAL shall have the right, but not the obligation, to prepare and file such patent application and maintain such patents in both Parties’ name using counsel acceptable to AMYRIS; provided that TOTAL provide AMYRIS copies of all correspondence with any patent authority and material correspondence with patent counsel.
(ii) If TOTAL is interested in participating in the filing of the patent application, then both AMYRIS and TOTAL in an equal rights basis shall work together through the Patent Committee to determine the strategy for preparing and filing patent applications and maintaining patents in both Parties’ name using counsel acceptable to both Parties. All costs related to Jointly-Owned Patents shall be shared equally (50%/50%) by both Parties.
Jointly Owned Patents. In the event of an Infringement of Patent --------------------- Rights owned jointly by MAXYGEN and PIONEER, the parties shall agree which party will have the rights and responsibilities of abating such an Infringement, and how the expenses of abating any such Infringement shall be shared. In the event the responsible party becomes involved in any action or proceeding relating to the applicable Patent Rights, the responsible party shall use patent counsel reasonably acceptable to the other party, and shall keep the other party fully informed as to the status of such matters. In the event only one party wishes to pursue in such proceeding, it shall have the right to proceed alone, at its expense, and may retain any recovery, subject to (P)9.1D below, and the other party agrees, at the request and expense of the party initiating such action, to cooperate and join in any proceedings in the event that a third party asserts that the co-owner of such Joint Invention is necessary or indispensable to such proceedings.
Jointly Owned Patents. In the event MAXYGEN or NOVO NORDISK becomes aware of any actual or threatened infringement of any Jointly Owned Patents, that Party shall promptly notify the other and shall promptly discuss how to proceed in connection with such actual or threatened infringement. In the case of an act of infringement in the NOVO NORDISK Field, should MAXYGEN not wish to participate in such a proceeding, NOVO NORDISK shall have the right to proceed alone, at its expense, and may retain any cash recovery; provided, at the request and expense of NOVO NORDISK. MAXYGEN agrees to cooperate and join in any proceedings in the event that a third party asserts or that a Court finds that MAXYGEN is necessary or indispensable as a named party to such proceedings; provided, NOVO NORDISK may not enter into any settlement with respect to any of the Jointly Owned Patents without the prior consent of MAXYGEN, which consent shall not be unreasonably withheld. In the case of an act of infringement in the MAXYGEN Field, should NOVO NORDISK not wish to participate in such a proceeding, MAXYGEN shall have the right to proceed alone, at its expense, and may retain any cash recovery; provided, at the request and expense of MAXYGEN, NOVO NORDISK agrees to cooperate and join in any proceedings in the event that a third party asserts or that a Court finds that NOVO NORDISK is necessary or indispensable as a named party to such proceedings; provided, MAXYGEN may not enter into any settlement with respect to any of the Jointly Owned Patents without the prior consent of NOVO NORDISK, which consent shall not be unreasonably withheld. Neither Party may make any statement as to the invalidity and/or unenforceability of the Jointly Owned Patents.
Jointly Owned Patents. Appendix 1.44 Licensed Product including Human Genome Target(s), Genome Editing Protein Target(s) and Guide RNA(s) Appendix 1.44 Patents within the Licensed Technology as of the License Agreement Effective Date Appendix 9.2 Exceptions to Acuitas’ Representations and Warranties in Section 9.2 Non-Exclusive License Agreement This Non-Exclusive License Agreement (“License Agreement”), dated as of October 14, 2020 (the “License Agreement Effective Date”), is made by and between Acuitas Therapeutics, Inc., a British Columbia corporation (“Acuitas”), and Verve Therapeutics, Inc., a Delaware corporation (“Verve”). Each of Acuitas and Verve may be referred to herein as a “Party” or together as the “Parties.”
Jointly Owned Patents. Philips and FEI agree that the patents set forth on Exhibit D are jointly owned by Philips and FEI with each party having an undivided interest and a right to use and grant non-exclusive licenses thereunder without accounting or reporting to the other.
Jointly Owned Patents. In the event of an infringement of a Patent jointly-owned by the Parties, the JSC, with the advice and counsel of the JPC, shall decide the best way for the Parties to proceed. If one Party brings any such action or proceeding, as approved by the JSC, the other Party agrees to be joined as a party plaintiff if necessary to prosecute the action or proceeding and to give the first Party reasonable assistance and authority to file and prosecute the suit. The costs of patent enforcement to enforce any such jointly-owned Patents shall be included in Other Out of Pocket Costs and recovery from any settlement or judgment shall be shared by the Parties in accordance with their respective Percentages.
