Patent Control. Penn controls the preparation, prosecution and maintenance of the Patent Rights and the selection of patent counsel, with input from Company. For purposes of this Article 7, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by Penn, Company, a third party, or the United States Patent and Trademark Office relating to the Patent Rights, and any requests by Penn or Company that the United States Patent and Trademark Office reexamine or reissue any patent in the Patent Rights.
Patent Control. University controls the preparation, prosecution, and maintenance of the Patent Rights and the selection of patent counsel, with input from Company. For purposes of this Article 7, the word “maintenance” includes any interferences, claims, or other proceedings, in any forum (including litigation in a lower or appellate court), brought by University, Company, a third party, or the United States Patent and Trademark Office involving the Patent Rights, any reexamination, review (such as inter partes reviews or post grant reviews), or validity challenge of the Patent Rights, and any requests by University or Company that the United States Patent and Trademark Office reexamine or reissue any patent in the Patent Rights.
Patent Control. The Company will control the preparation, prosecution and maintenance of the Patent Rights and the selection of patent counsel, with agreement from the Licensed Parties. For purposes of this Section 7, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by the Licensor Parties, Company, a third party, or the United States Patent and Trademark Office, and any requests by the Licensor Parties or Company that the United States Patent and Trademark Office reexamine or reissue any patent in the Patent Rights. If the Company fails to pay maintenance fees or take any other required action, the Licensor parties will have the option to do so and recover all such fees from Company.
Patent Control. Penn controls the preparation, prosecution and maintenance of the Patent Rights and the selection of patent counsel, with input from VGX. If, however, VGX desires a greater degree of control over the Patent Rights, then VGX and Penn will use good faith efforts to enter into a Client and Billing Agreement with patent counsel in substantially in the form attached as Exhibit D. During the term of the Client and Billing Agreement, VGX will manage the preparation, prosecution and maintenance of the Patent Rights, with input from Penn. In the absence of or upon termination of a Client and Billing Agreement for any reason, control reverts to Penn under the first sentence of this Section 8.1. For purposes of this Article 8, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by Penn, VGX, a third party, or the United States Patent and Trademark Office, and any requests by Penn or VGX that the United States Patent and Trademark Office reexamine or reissue any patent in the Patent Rights.
Patent Control. Except as otherwise provided in this Section 7.1, Penn shall control the preparation, prosecution and maintenance of the Patent Rights and the selection of patent counsel, with input from Company. If, however, Company desires a greater degree of control over the Patent Rights, then Company and Penn will use good faith efforts to promptly enter into a Client and Billing Agreement with patent counsel acceptable to the Company in substantially in the form attached as Exhibit F. During the term of the Client and Billing Agreement, Company will control and manage the preparation, prosecution and maintenance of the Patent Rights, with input from Penn. In the absence of or upon termination of a Client and Billing Agreement for any reason, control reverts to Penn with input from Company. For purposes of this Article 7, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by Penn, Company, a third party, or the United States Patent and Trademark Office, and any requests by Penn or Company that the United States Patent and Trademark Office reexamine or reissue any patent in the Patent Rights.
Patent Control. PSRF controls the preparation, prosecution and maintenance of the Patent Rights and the selection of patent counsel, with input from Company. For purposes of this Section 7, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by PSRF, Company, a third party, or the United States Patent and Trademark Office, and any requests by PSRF or Company that the United States Patent and Trademark Office reexamine or reissue any patent in the Patent Rights.
Patent Control. Penn and mRNA RiboTherapeutics control the preparation, prosecution and maintenance of the Patent Rights and the selection of patent counsel, subject to the remainder of this Section 7.1. For purposes of this Article 7, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by Penn, mRNA RiboTherapeutics, a Third Party, or the United States Patent and Trademark Office or any foreign equivalent pertaining to Patent Rights, and any requests by Penn or mRNA RiboTherapeutics that the United States Patent and Trademark Office or any foreign equivalent re-examine or reissue any patent in the Patent Rights. [***]
Patent Control. University controls the preparation, prosecution and maintenance of the Patent Rights and the selection of patent counsel, and will follow all reasonable input from the Company and keep Company informed of all developments in the prosecution of the Patent Rights, providing at least 30 days’ notice of any deadlines which, if not met, would impair the scope, validity, or enforceability of the applicable Patent Rights. University will notify Company if it intends not to follow Company’s input. For purposes of this Section 8, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by University, Company, a third party, or the United States Patent and Trademark Office involving the Patent Rights, any reexamination, review, or opposition of the Patent Rights, and any requests by University or Company that the United States Patent and Trademark Office reissue any patent in the Patent Rights. University will not allow any of the Patent Rights to expire, lapse, or otherwise go abandoned without Company’s consent, except for cases of failure of Company to reimburse patent expenses as described in Section 8.2.
Patent Control. Penn controls the preparation, prosecution and maintenance of the Patent Rights and the selection of patent counsel, with input from Company. For purposes of this Article 7, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by Penn, CU, UFLA, Company, a third party, or the United States Patent and Trademark Office relating to the Patent Rights, and any requests by Penn, CU, UFLA or Company that the United States Patent and Trademark Office reexamine or reissue any patent in the Patent Rights. After first BLA approval for the first Licensed Product, Company shall be obligated to seek, within the time period set forth by statute, a patent term extension for a patent under the licensed Patent Rights, provided that the remedy set forth in the immediately following sentence shall be Company’s sole and exclusive liability and Penn’s sole and exclusive remedy for any failure by Company to satisfy such obligation. If Company does not seek a patent term extension for a patent under the licensed Patent Rights, then Company will pay Penn a royalty of [**] percent ([**]%) of Net Sales in the United States, and [**] percent ([**]%) of Net Sales in countries outside the United States during the Term of the License, subject to any applicable reduction to such royalties under Section 3.2. For clarity, if Company seeks to obtain such a patent term extension within the time period set forth by statute, Company shall pay Penn a royalty of [**] percent ([**]%) of Net Sales in the United States and [**] percent ([**]%) of Net Sales in countries outside the United States during the Term of the License, subject to any applicable reduction to such royalties under Section 3.2.
Patent Control. TrafficLand represents that it controls the preparation, prosecution and maintenance of any TrafficLand patent application or patent filed, pending or issued during the Term (“TrafficLand Patents”), provided that at all times during the Term, TrafficLand will immediately notify Network of any correspondence regarding the TrafficLand Patents from the US Patent and Trademark Office or other domestic or foreign government entity and TrafficLand will meaningfully consult with Network regarding all matters related to or in connection with the prosecution and maintenance of the TrafficLand Patents, including with respect to what foreign jurisdictions patent applications will be filed.
