Merck Patents. Merck shall have the sole right to control the preparation, filing, prosecution and maintenance of Merck Patents using patent counsel of Merck's choice, at Merck's expense.
Merck Patents. Merck shall, at Merck’s expense, file, prosecute and maintain Merck Patents subject to Article 9.5 (h) below. Notwithstanding the foregoing, Merck may elect not to file, prosecute and maintain Merck Patents in whole or part and, if so, shall notify Licensor in writing at least ninety (90) days before any deadline applicable to the filing, prosecution or maintenance of such Merck Patent, as the case may be, or any other date by which an action must be taken to establish or preserve such Merck Patent, and Threshold shall, at Threshold’s expense, have the right to file, prosecute and maintain in whole or in part Merck Patents under the name of Merck. In such event, Merck shall execute such documents and perform such acts at Threshold’s expense as may be reasonably necessary to allow Threshold to continue such prosecution or maintenance.
Merck Patents. Company acknowledges and agrees that Merck has the first right to prosecute and maintain the Merck Patents under the Merck License Agreement. TESARO shall promptly provide to Company any information received from Merck relating to the prosecution and maintenance of the Merck Patents. TESARO shall consult with Company, to the extent practicable, and shall consider Company’s comments in good faith, prior to exercising its rights under Sections 8.01 or 8.02 of the Merck License Agreement. If TESARO exercises its right under Section 8.02 of the Merck License Agreement to prosecute and maintain a Merck Patent, such Merck Patent shall be deemed to be an Other TESARO Patent and TESARO shall have the right to prepare, file, prosecute and maintain such Patent as set forth in Section 9.3(c).
Merck Patents. Merck shall own any Know-How constituting a Sole Invention developed by Merck or any of its Affiliates or a Third Party on behalf of Merck and shall have the right, but not the obligation, to file, prosecute and maintain Patent Rights covering or claiming any such Know-How (“Merck Patent”). Merck shall bear all costs and expenses of filing, prosecuting and maintaining Merck Patents and Licensor shall have no particular rights with respect thereto.
Merck Patents. Merck shall have the sole right and authority, but not the obligation, to enforce Merck Patents against any Third Party infringer; provided, that Licensor shall provide reasonable assistance to Merck with respect thereto, including providing access to relevant documents and other evidence and making its employees available, subject to Merck’s reimbursement of any Out-of-Pocket Expenses incurred on an on-going basis in providing such assistance.
Merck Patents. Merck shall have the first right to bring and control any action or proceeding with respect to infringement of any Merck Patent at its own expense and by counsel of its own choice. With respect to infringement of any Merck Patent that could reasonably be expected to have a [***].
Merck Patents. (a) Merck and MACI shall be solely responsible for the prosecution and maintenance of the Merck Patents, and Merck and MACI may cease prosecution and maintenance of any or all of such Merck Patents at any time without obligation to OSI. Merck and MACI shall have the sole right (but not obligation) to bring and control, at their own expense, any infringement action against any person or entity infringing the Merck Patents, and any recovery realized as a result of such action shall belong to Merck and/or MACI.
Merck Patents. Filing Filing No. Publication Publication No. Xxxxx Xxxxx No. Expiry Date Word marks Design marks Color xxxx Filing Filing No. Publication Publication No. Xxxxx Xxxxx No. Expiry Date Current ANDA Litigation Cases Involving VIMOVO Plaintiffs Defendants US District Court Case No.
Merck Patents. Filing Filing No. Publication Publication No. Xxxxx Xxxxx No. Expiry Date *** Confidential Treatment Requested Word marks Design marks *** Confidential Treatment Requested Color xxxx *** Confidential Treatment Requested Filing Filing No. Publication Publication No. Xxxxx Xxxxx No. Expiry Date *** Confidential Treatment Requested Filing Filing No. Publication Publication No. Xxxxx Xxxxx No. Expiry Date *** Confidential Treatment Requested Plaintiffs Defendants US District Court Case No. *** Confidential Treatment Requested
Merck Patents
