Other Joint Patents. In the event of suspected infringement of an Other Joint Patent by a Third Party in a country, wherein the suspected infringing activity competes with a Product being commercialized by or on behalf of Sanofi in such country, the Parties’ respective rights and obligations with respect to enforcement of such Other Joint Patent in such country shall be as set forth in Section 8.4.1, mutatis mutandis. In the event of any other suspected infringement of an Other Joint Patent, the Parties shall mutually agree in good faith on a case-by-case basis on the course of action to be taken and the allocation of costs and recovered amounts.
Other Joint Patents. To the extent any Joint Patent is not related to a Compound, or Covers an Antibody-Anticalin Protein fusion molecule that is not a Compound, then the Parties shall discuss in good faith the sharing of responsibilities and costs in connection with the filing, prosecution and maintenance of such IP. In the absence of agreement, Section 11.2.2 shall apply mutatis mutandis to any such Patents.
Other Joint Patents. Upon identification of any Joint Agreement Patent that is not a Licensed Patent (such Patents, the “Other Joint Patents”), the Parties will discuss in good faith and determine which Party will be primarily responsible for the Prosecution and Maintenance of such Other Joint Patent. The Party primarily responsible for such Prosecution and Maintenance of a particular Other Joint Patent (the “Lead Prosecuting Party”) will conduct such Prosecution and Maintenance, at its expense, using counsel reasonably acceptable to the other Party. The Lead Prosecuting Party will keep the other Party reasonably informed with respect to such Prosecution and Maintenance and consult in good faith with such other Party regarding such matters. If the Lead Prosecuting Party decides to abandon an Other Joint Patent that is not a Licensed Patent, it will provide the other Party with notice at least [***] prior to the date such abandonment would become effective. Following such notice, the other Party may elect, upon written notice to the Lead Prosecuting Party, to control the Prosecution and Maintenance of such Patent at its own expense. Upon such election, the Lead Prosecuting Party will cooperate and assist in transitioning the Prosecution and Maintenance of such Patent to the other Party, and the other Party agrees thereafter to keep the Lead Prosecuting Party reasonably informed with respect to such Prosecution and Maintenance and consult in good faith with the Lead Prosecuting Party regarding such matters.
Other Joint Patents. It is recognized and agreed that Hymedix's interests in the Other Joint Patents have been licensed exclusively to ProCyte for the Field pursuant to Section 3.1(b) and that the parties have retained, and have not granted license rights to, their undivided interests in the Other Joint Patents for use outside the Field. SECTION 11. PATENT PROSECUTION AND MAINTENANCE
11.1 REEXAMINATION/REISSUE AND EUROPEAN PROSECUTION ProCyte shall have the right, at its expense, to pursue in the United States [CONFIDENTIAL TREATMENT REQUESTED] before the Patent and Trademark Office and shall have the right, at its expense, to prosecute, issue and maintain the Drug Delivery Application and, in European countries of its selection, [CONFIDENTIAL TREATMENT REQUESTED]. All of ProCyte's reasonable expenses in connection therewith may be deducted from payments due under Sections 4 and/or 5 at ProCyte's election. Hymedix shall be promptly notified when ProCyte has paid in excess of [CONFIDENTIAL TREATMENT REQUESTED] of such expenses. ProCyte shall confer with Hymedix and its consultants (including Xx. Xxxxxxxx Xxxx) and counsel regarding such reexamination/reissue, prosecution, issuance and maintenance and shall provide to Hymedix copies of any official action within thirty (30) days of receipt and advance copies of, for the opportunity for Hymedix and its consultants and counsel to discuss and offer proposed changes to, any proposed filing, submission or other correspondence by ProCyte or patent counsel with respect thereto. In the event ProCyte elects to abandon such reexamination/reissue or patent applications, it shall promptly notify Hymedix (but in any event no later than thirty (30) days in advance of any deadline with respect to the patent applications) and allow and assist Hymedix, at Hymedix's election and expense, to pursue such reexamination/reissue or patent applications.
Other Joint Patents. To the extent any Joint Patent is not a Product Specific Patent, or if any Joint Patent or Product Specific Patent Covers more than one Product, then the Parties shall discuss in good faith the sharing of responsibilities and costs in connection with the filing, prosecution and maintenance of such IP. In the absence of agreement, Section 7.2.3.(a) shall apply mutatis mutandis to any such Patents.
Other Joint Patents. Arcturus shall have the first right, but not the obligation, to control the prosecution and maintenance of Joint Patents other than Joint Product-Specific Patents, at Arcturus’ sole expense and by counsel of its choice, in such countries or jurisdictions as Arcturus determines to be appropriate. If Providence requests in writing that Arcturus prosecute and maintain any such Joint Patent in any country or jurisdiction in which Arcturus has not elected to do so, Arcturus shall prosecute and maintain such Joint Patent in such country or jurisdiction, provided that Providence shall be solely responsible for the reasonable and documented costs and expenses thereof. Arcturus shall consult with Providence as to the prosecution and maintenance of such Joint Patents reasonably prior to any deadline or action with any patent office and shall furnish to Providence copies of all relevant drafts and documents reasonably in advance of such consultation. Arcturus shall keep Providence reasonably informed of progress with regard to the prosecution and maintenance of such Joint Patents and shall provide to Providence copies of all material patent office submissions promptly following submission thereof by Arcturus. In the event that Arcturus desires to abandon or cease prosecution or maintenance of any such Joint Patent, Arcturus shall provide written notice to Providence of such intention to abandon promptly after Arcturus makes such determination (which notice shall be given no later than ninety (90) days prior to the next deadline for any action that must be taken with respect to such Joint Patent in the relevant patent office). In such case, Providence shall have the right, in its discretion, exercisable upon written notice to Arcturus delivered no later than thirty (30) days after receipt of notice from Arcturus, to assume responsibility for prosecution and maintenance of such Joint Patent, at its sole cost and expense and by counsel of its own choice.
Other Joint Patents. Except as expressly set forth in Section 10.3.1 as applicable to Joint Product-Specific Patents, if either Party wishes to apply for extension of any Joint Patent other than a Joint Product-Specific Patent, any such application for extension will require the mutual written agreement of the Parties.
Other Joint Patents. Arcturus shall have the first right, but not the obligation, to bring and control any action or proceeding with respect to any infringement (including, without limitation, Product Infringement) of any Joint Patent other than a Joint Product-Specific Patent, at Arcturus’ sole cost and expense using patent counsel of its choice, and Providence shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. If Arcturus fails to bring any such action or proceeding within (A) one hundred and twenty (120) days following the notice of alleged infringement or (B) fifteen (15) days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, then Providence shall have the right to bring and control any such action at its own expense and by counsel of its own choice, and Arcturus shall have the right, at its own expense, to be represented in any such action by counsel of its own choice.
Other Joint Patents. Regulus will have the first right, subject to consultation and discussion at the Intellectual Property Sub-committee, but not the obligation, to prepare, file, prosecute and maintain Other Joint Patents, at Regulus’ sole expense and by counsel of its own choice. Regulus, or its outside counsel, will provide AstraZeneca with: (a) a reasonably detailed monthly update of the filing, prosecution and maintenance status for such Other Joint Patent and (b) any further information reasonably requested by AstraZeneca from time to time regarding such Other Joint Patent. Regulus will consider in good faith, and give effect to, all reasonable requests or recommendations of AstraZeneca regarding the preparation, filing, prosecution and maintenance of Other Joint Patents. In the event that Regulus decides not to pursue or continue the filing, prosecution or maintenance of any Other Joint Patent in any country, Regulus, or its outside counsel, will provide AstraZeneca with written notice of such decision at least 60 days in advance of any relevant filing, prosecution or maintenance deadline, and AstraZeneca will provide Regulus with prompt notice as to whether AstraZeneca desires to assume responsibility and costs for such filing, prosecution or maintenance of such Other Joint Patent. Regulus will not knowingly permit any Other Joint Patent to be abandoned or elect not to file a new patent application claiming priority to a patent application within the Other Joint Patents either before such patent application’s issuance or within the time period required for the filing of an international (i.e., Patent Cooperation Treaty), regional (including European Patent Office) or national application, without AstraZeneca’s written consent or without AstraZeneca otherwise first being given an opportunity to assume full responsibility (at AstraZeneca’s expense) for the continued prosecution and maintenance of such Other Joint Patents, or the filing of such new patent application. In the event that AstraZeneca assumes responsibility for the preparation, filing, prosecution or maintenance of any patent or patent application as set forth above, AstraZeneca will not be liable to Regulus in any way with respect to its handling of, or the results obtained from, the filing, prosecution, issuance, extension or maintenance of such application or any resulting patent or any failure by it to so file, prosecute, extend or maintain. For clarity, the other Party shall not assume full responsibili...
Other Joint Patents. The Parties shall decide on a case-by-case basis which of the Parties shall have primary responsibility for prosecuting and maintaining Joint Patents other than Joint Compound-Specific Patents and how the costs and expenses of such prosecution and maintenance shall be allocated between the Parties. The Party with primary responsibility for prosecution and maintenance of any such Joint Patent (the “Responsible Party”) shall use patent counsel reasonably acceptable to the other Party. The Responsible Party shall consult with the other Party as to the prosecution and maintenance of such Joint Patent reasonably prior to any deadline or action with any patent office, shall furnish to the other Party copies of all relevant drafts and documents reasonably in advance of such consultation, and shall consider in good faith the other Party’s reasonable comments thereon. The Responsible Party shall keep other Party reasonably informed of progress with regard to the prosecution and maintenance of such Joint Patent and shall provide to the other Party copies of all material patent office submissions within a reasonable amount of time following submission thereof by the Responsible Party. In the event that the Responsible Party desires to abandon or cease the prosecution or maintenance of such Joint Patent in any country, the Responsible Party shall provide reasonable prior written notice to the other Party of such intention to abandon (which notice shall, to the extent possible, be given no later than 30 days prior to the next deadline for any action that must be taken with respect to any such Joint Patent in the relevant patent office). In such case, at the other Party’s sole discretion, upon written notice to the Responsible Party, the other Party may elect to assume responsibility for prosecution and maintenance of such Joint Patent, at the other Party’s sole cost and expense and by counsel of its own choice.
