Common use of Opposition Clause in Contracts

Opposition. In the event that one or more of the Licensed Patents are subject to an opposition proceeding, then BMPI shall promptly notify Luitpold in writing. BMPI (or its Licensors) shall have exclusive control over the conduct of the opposition; provided Luitpold shall have reasonable opportunities to advise BMPI. At BMPI's sole discretion and expense, Luitpold shall assist BMPI and cooperate in any such opposition upon BMPI's request. In the event that there is an opposition involving one or more of the Licensed Patents, then the obligation of Luitpold to pay royalties under the Licensed Patent Rights shall continue unabated so long as Luitpold continues to exercise its rights under this Agreement.

Appears in 3 contracts

Samples: Exclusive Sublicense Agreement (Biomimetic Therapeutics, Inc.), Exclusive Sublicense Agreement (Biomimetic Therapeutics, Inc.), Exclusive Sublicense Agreement (Biomimetic Therapeutics, Inc.)

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Opposition. In the event that one or more of the Licensed Patents are subject to an opposition proceeding, then BMPI BMTI shall promptly notify Luitpold in writing. BMPI BMTI (or its Licensors) shall have exclusive control over the conduct of the opposition; provided Luitpold shall have reasonable opportunities to advise BMPIBMTI. At BMPI's BMTI’s sole discretion and expense, Luitpold shall assist BMPI BMTI and cooperate in any such opposition upon BMPI's BMTI’s request. In the event that there is an opposition involving one or more of the Licensed Patents, then the obligation of Luitpold to pay royalties under the Licensed Patent Rights Technology shall continue unabated so long as Luitpold continues to exercise its rights under this Agreement.

Appears in 1 contract

Samples: Amended and Restated Exclusive Sublicense Agreement (Biomimetic Therapeutics, Inc.)

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