Other Licensed Patents. LifeCycle or CHRP, as the case may be in accordance with the Upstream Agreements, shall have the right, at its sole discretion, to institute, prosecute and control any action or proceeding to restrain infringement of any Licensed Patent other than the Product-Specific Patents in the Territory by a Third Party. If, prior to the expiration of [***] from an Infringement Notice regarding infringement of any such Licensed Patent, LifeCycle or CHRP, as the case may be, has not obtained a discontinuance of the alleged infringement or brought an infringement action or proceeding or otherwise taken appropriate action to xxxxx such infringement, then, unless LifeCycle has a reasonable business justification for not taking action against such alleged infringement, Santarus shall have the right, but not the obligation, to institute, prosecute and control any action or proceeding to restrain such infringement unless Santarus does not have standing to so institute or prosecute. In any instance in which Santarus does not have such standing, Shore shall, under Santarus’ direction and control and expense, institute or prosecute such action or proceeding to restrain infringement. The Parties which are not party to such an action, or proceeding to agree to be joined, and shall request that LifeCycle join, as a party plaintiff if necessary or appropriate, and shall provide all reasonable cooperation, at Santarus’ expense, required to prosecute such action, and provided however, that Santarus shall keep Shore reasonably informed of the status of any such action and provide Shore and LifeCycle reasonable opportunities to consult with Santarus regarding such action.
Other Licensed Patents. Amgen shall be solely responsible for, and have complete discretion in controlling and making decisions with respect to, filing, prosecution, defense and maintenance of the Other Licensed Patents before all patent authorities in the Territory, including but not limited to oppositions and interferences, and enforcement of the Other Licensed Patents.
Other Licensed Patents. Xxxxx will have the sole right, and sole responsibility for all Patent Costs incurred by Xxxxx, to Prosecute and Maintain all Other Patents, and Clovis will have no rights with respect thereto. Clovis will have the sole right, and sole responsibility for all Patent Costs incurred by Amended and Restated Strategic License Agreement Clovis, to Prosecute and Maintain all Patents within Clovis Technology, and Xxxxx will have no rights with respect thereto.
Other Licensed Patents. This Section 9.2 will govern the Parties’ rights and responsibilities with respect to the filing, prosecution, maintenance and enforcement of Licensed Patents other than the Aventis Patents (the “Jerini Licensed Patents”).
Other Licensed Patents. Sellers shall prepare and file, at Sellers' expense, to the extent practicable, subject to the review, but not approval, of Purchaser, all other patent applications that are contained within the Licensed Intellectual Property with a scope that allows at a minimum for protection of the final Darvocet-N XR Product and Lynxorb Product. Once filed, prosecution of these applications shall be under the control of and at the expense of Sellers. Sellers agree to coordinate with Purchaser in the prosecution of those applications to ensure consistency with Purchaser's other patent filing efforts and the development of the products acquired hereunder. Sellers shall give due consideration to Purchaser's input in the prosecution of these applications.
Other Licensed Patents. For any Product Infringement of a Licensed Patent that is not a Product-Specific Licensed Patent, as between the Parties, Sangamo shall have the first right, but not the obligation, to bring an appropriate suit or take other action against any person or entity engaged in such Product Infringement, at its own cost and expense. If Sangamo fails to institute and prosecute an action or proceeding to xxxxx such Product Infringement within a period of [*] after the first notice of such Product Infringement under Section 10.3(a) (or such shorter period as may be necessary to bring or defend and maintain such action without loss of rights), then upon Xxxxxxx’s written consent (not to be unreasonably withheld), Pfizer shall have the second right, but not the obligation, to commence a suit or take other action to enforce the applicable Licensed Patent against such Product Infringement at its own cost and expense. (c)
Other Licensed Patents. Xxxxx shall have the sole right, but not the obligation, to Prosecute the Other Licensed Patents, at its sole cost and expense.
Other Licensed Patents. Xxxxx shall have the sole right, but not the obligation, to bring (or defend) and control any action or proceeding with respect to Infringement of an Other Licensed Patent, at Xxxxx’x expense and by counsel of its choice; provided, however, that in the event of Competitive Infringement of an Other Licensed Patent, Xxxxx shall consider in good faith any request by Flame for consent to bring (or defend) and control any action or proceeding with respect to such Competitive Infringement.
Other Licensed Patents. SELLAS shall have the first right, but not the obligation, to prepare, file, prosecute, and maintain, at its own cost and expenses, each of the Licensed Patents other than the MSK Patents (the “Other Licensed Patents”) in the Territory. SELLAS shall consult with 3DMed and keep 3DMed reasonably informed of the status of the Other Licensed Patents in the Territory. SELLAS shall provide 3DMed a reasonable opportunity to review and comment on all material filings and correspondence with patent offices with respect to the prosecution and maintenance of the Licensed Patents in the Territory, and SELLAS shall consider 3DMed’s comments regarding such filings and correspondence in good faith. If, during the Term, SELLAS intends to allow any Licensed Patent to expire or intends to otherwise abandon any such Licensed Patent in the Territory, SELLAS shall notify 3DMed of such intention or decision at least [***] prior to any filing or payment due date, or any other date that requires action, in connection with such Licensed Patent, and 3DMed shall thereupon have the right, but not the obligation, to assume responsibility for the preparation, filing, prosecution or maintenance thereof in the Territory at its sole cost and expense. Each Party agrees to reasonably cooperate with the other Party to execute all lawful papers and instruments and to provide consultation and assistance as may be reasonably necessary in the prosecution and maintenance of the Licensed Patents in a manner consistent with this Section 6.1(b).
