Licensed Patents In General. Prior to exercise of the Option, Isis will control and be responsible for all aspects of the Prosecution and Maintenance of all Licensed Patents, subject to Section 7.2.2(b), Section 7.2.3 and Section 7.2.4. During the Agreement Term, Isis will control and be responsible for all aspects of the Isis Core Technology Patents and Isis Manufacturing and Analytical Patents.
Licensed Patents In General. Prior to the License Effective Date for a Collaboration Program or Biogen Alternate Modality Program (as applicable) (a “Program”), and subject to Biogen’s right to provide reasonable input and comment as set forth in Section 7.2.5(a), Ionis will control and be responsible for all aspects of the Prosecution and Maintenance of all Licensed Patents that are the subject of such license grant for such Program, subject to this Section 7.2.2(a) and Section 7.2.3. During the Agreement Term, Ionis will control and be responsible for all aspects of the Ionis Core Technology Patents and Ionis Manufacturing and Analytical Patents. Ionis will use commercially reasonable efforts to diligently Prosecute and Maintain all Jointly-Owned Program Patents for which Ionis has the right to Prosecute and Maintain. On a Program-by-Program, until the earlier of the License Effective Date with respect to such Program and the expiration or termination of Biogen’s right to be granted such license, Ionis will use commercially reasonable efforts to diligently Prosecute and Maintain all Ionis Product-Specific Patents that are the subject of such Program to the extent that Ionis has the right to Prosecute and Maintain such Patent Rights.
Licensed Patents In General. Prior to the date Biogen Idec is granted the license under Section 4.1.1(a) or Section 4.1.1(b) (as applicable), Isis will control and be responsible for all aspects of the Prosecution and Maintenance of all Licensed Patents that are the subject of such license grant, subject to Section 7.2.2(b) and Section 7.2.3. During the Agreement Term, Isis will control and be responsible for all aspects of the Isis Core Technology Patents and Isis Manufacturing and Analytical Patents.
Licensed Patents In General. Prior to the date Biogen is granted the license under Section 4.1.1 for a Product, Ionis will control and be responsible for all aspects of the Prosecution and Maintenance of all Licensed Patents that are the subject of such license grant, subject to Section 7.2.2(b) and Section 7.2.3; provided if Biogen reasonably believes that Ionis’ planned Prosecution and Maintenance of a Product-Specific Patent that would be subject to a license granted to Biogen under Section 4.1.1, is reasonably likely to adversely affect the scope, validity or enforceability of a Product-Specific Patent Covering Spinraza® under the Original Agreement, then the Parties through the JPC will try to develop a strategy that maximizes the protection for the potential Development Candidates under this Agreement but is not reasonably likely to adversely affect the scope, validity or enforceability of a Product-Specific Patent Covering Spinraza® under the Original Agreement. If the Parties cannot agree on such a strategy then either Party may refer the matter to (and the Parties will engage) a mutually agreed upon independent Third Party intellectual property lawyer with expertise in the patenting of ASOs, and appropriate professional credentials in the relevant jurisdiction, to determine if Ionis’ planned Prosecution and Maintenance is reasonably likely to adversely affect the scope, validity or enforceability of a Product-Specific Patent Covering Spinraza® under the Original Agreement. If such independent Third Party intellectual property lawyer believes Ionis’ planned Prosecution and Maintenance is reasonably likely to adversely affect the scope, validity or enforceability of a Product-Specific Patent Covering Spinraza® under the Original Agreement, such lawyer will propose a strategy to maximize the protection for the potential Development Candidates under this Agreement but is not reasonably likely to adversely affect the scope, validity or enforceability of a Product-Specific Patent Covering Spinraza®. The determination and recommended strategy of the Third Party expert engaged under this Section 7.2.2(a) will be binding on the Parties solely for purposes of setting the Prosecution and Maintenance strategy for the relevant Product-Specific Patent under this Agreement. The costs of any Third Party expert engaged under this Section 7.2.2(a) will be paid by the Party against whose position the Third Party lawyer’s determination is made. During the Agreement Term, Ionis will control and b...
Licensed Patents In General. Prior to the date Biogen is granted the license under Section 4.1.1(a) or Section 4.1.1(b) (as applicable), Ionis will control and be responsible for all aspects of the Prosecution and Maintenance of all Licensed Patents that are the subject of such license grant, subject to Section 7.2.2(b) and Section 7.2.3. During the Agreement Term, Xxxxx will control and be responsible for all aspects of the Ionis Core Technology Patents and Ionis Manufacturing and Analytical Patents.
