Patent Matters Sample Clauses

Patent Matters. 4.1 Licensor shall have the right, but not the obligation, to prosecute and maintain all Patents to be issued pertaining to the Patent applications licensed in Exhibit A at its cost and expense. Licensor shall keep licensee reasonably apprised of all relevant actions regarding the status of such patents. 4.2 Each Party shall notify the other Party of any infringement of any intellectual property rights with regard to the License IP or a Licensed Product by a third party in the Field which becomes known to such Party, and of any claim of infringement by a third party that the activities of a Party infringe patent rights of such third party. Licensor shall have has sole responsibility and control of legal action relating to claims of infringement with respect to the Licensed Technology. 4.3 Licensor shall have the first right, but not an obligation, to initiate, maintain and control, at Licensor’s expense, legal action against any infringement of intellectual property rights relating to the Licensed Technology by a third party in the Field. 4.4 In any suit, proceeding or dispute involving infringement of any intellectual property rights relating to the License IP in the Field, the Parties shall provide each other with reasonable cooperation shall make available to each other , at reasonable times and under appropriate conditions, all relevant personnel, records, papers, information, samples, specimens, and the like in its possession.

Patent Matters. Exhibit A is an accurate listing by owner, inventor(s), serial number, filing date, country, and status of all patents and patent applications Controlled by Pfenex as of the Effective Date that may be necessary or useful for the development, manufacture, use, offer for sale, sale or import of the Products as contemplated herein.

Patent Matters. (a) As of the Effective Date: (i) SANGAMO warrants and represents that, except as SANGAMO otherwise has advised BAXTER in writing prior to the Effective Date, it has not received written notice from any Third Party that any composition, process or use claimed by the Patent Rights infringes an issued patent of such Third Party; (ii) SANGAMO warrants and represents that (A) it has conducted searches of public databases for issued patents and published Third Party patent applications that contain the words "zinc finger" or "nucleic acid binding proteins" in the title or abstract, and (B) that it has disclosed to BAXTER all issued patents and published Third Party patent applications that have been disclosed to SANGAMO in the results of such searches. (iii) SANGAMO warrants and represents that it has no actual knowledge (without any duty of inquiry) of any current action conducted by a Third Party which is or would constitute an infringement of the Patent Rights in the Field; (iv) BAXTER has had the opportunity to review such materials and to ask such questions of SANGAMO and its advisors, as BAXTXX xxxxx xxxessary or appropriate, regarding the Patent Rights. SANGAMO warrants and represents that such materials provided to BAXTER and responses to such inquiries did not contain any untrue statement of a (v) SANGAMO warrants and represents that it has reviewed its intellectual property portfolio and believes that there are no other patents or patent applications owned by SANGAMO or licensed to SANGAMO with the right to grant sublicenses which would be infringed in the practice of the Patent Rights in the Field in the Territory. Should it later eventuate that any patent or patent application, that as of the Effective Date is owned by SANGAMO or licensed to SANGAMO with the right to grant sublicenses, would be infringed in the practice of the Patent Rights in the Field in the Territory, then that patent or patent application shall be deemed to be licensed to BAXTXX xx part of the Patent Rights under this Agreement but only to the extent necessary for BAXTER to exercise the license rights granted to it under this Agreement.

Patent Matters. 4.1 Licensor shall have the right and the obligation to prosecute and maintain all Patents to be issued pertaining to the Patent applications licensed in Exhibit A at its cost and expense. Licensor shall keep licensee reasonably apprised of all relevant actions regarding the status of such patents. All intellectual property licensed under this agreement shall be for veterinary purposes only. 4.2 Each Party shall notify the other Party of any infringement of any intellectual property rights with regard to the Licensed Technology or a Licensed Product by a third party in the Field which becomes known to such Party, and of any claim of infringement by a third party that the activities of a Party infringe patent rights of such third party. Licensor shall have has sole responsibility and control of legal action relating to claims of infringement with respect to the Licensed Technology. 4.3 Licensor shall have the first right, but not an obligation, to initiate, maintain and control, at Licensor’s expense, legal action against any infringement of intellectual property rights relating to the Licensed Technology by a third party in the Field.

Patent Matters. Seller represents and warrants to the best of its knowledge that as of the Effective Date:

Patent Matters. (a) Sellers shall use their reasonable efforts to satisfy the Patent Condition prior to Closing, including but not limited to providing Buyer with instruments and documents that will allow Sellers (or Buyer, as its successor in interest) to successfully withstand the Reexamination. From and after the date hereof until the Closing, Sellers shall use their reasonable efforts to take all actions and to do all things necessary, proper, or advisable in order to defend all lawsuits or other legal, regulatory or other proceedings to which either Seller is a party challenging or affecting the validity or enforceability of Sellers’ Registered Intellectual Property Rights and shall cooperate with Buyer following the Closing in Buyer’s efforts in doing the same. (b) For the purposes of this Agreement, the “Patent Condition” shall be deemed to have been satisfied by Sellers if, prior to the Closing, Sellers have provided Buyers with (1) a letter from the PTO informing Sellers that it has elected to not pursue further the Reexamination regarding the Invention Patent or (2) appropriate affidavits sworn by either the Inventors identified in the Invention Patent or, to the extent allowed by the PTO, by Sellers, in either case supported by documentary or other evidence that Buyer has determined in its sole but reasonable discretion is sufficient to demonstrate with reasonable certainty that the Invention was conceived by the inventors set forth in the Invention Patent prior to the effective date of the reference cited in the Other Claim. To be useful in satisfying the Patent Condition, the technical disclosure contained in any such evidence must make the showing of facts, in character and weight, to establish reduction to practice of the Invention as claimed in the Invention Patent prior to the effective date of the reference cited in the Other Claim, or conception of the Invention as claimed in the Invention Patent prior to the effective date of the reference cited in the Other Claim coupled with due diligence from prior to said date to a subsequent reduction to practice or to the filing of the application for the Invention Patent. The documentary or other evidence provided by the Sellers may include, without limitation: (a) inventor notebooks, notes, and other electronic records maintained by the inventors with respect to the Invention (b) internal discussions (e-mails, memos, etc.) regarding the Invention, (c) drafts of patent applications with respect to the Invention ...

Patent Matters. 9.1 BioNumerik Patent Maintenance. BioNumerik will be responsible for prosecuting, maintaining and defending the patents covered by the BioNumerik Patent Rights and BioNumerik will own all BioNumerik Patent Rights. The costs for prosecuting and maintaining such patents shall be at BioNumerik's own expense and the costs of defending such patents in the Territory will be borne [**] by BioNumerik and [**] by ASTA Medica. BioNumerik will, during the term of this Agreement, use reasonable best efforts to continue to obtain and maintain additional patent protection for the Product(s). BioNumerik will regularly advise ASTA Medica as to the progress of its patent applications and registrations in the Territory relating to the Product(s). BioNumerik will provide ASTA Medica with copies of all official actions from the patent offices in the Territory. Any reply to those office actions dealing with the scope of the claims will only be submitted by BioNumerik or its representative(s) after ASTA Medica's prior input, which input will be promptly given and will not be unreasonably withheld. ASTA Medica and BioNumerik [**] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. will develop a joint strategy as to patent strategy and prosecution in the Territory with respect to the Product(s). In addition, BioNumerik will advise ASTA Medica as to the patent strategy and prosecution outside the Territory with respect to the Product(s). BioNumerik agrees not to file patents on or make use of any Confidential Information that ASTA Medica has provided or disclosed to BioNumerik unless it has obtained the prior written consent of ASTA Medica to such filings or use. BioNumerik agrees to submit confidential pharmacological and clinical data to patent offices in the Territory when necessary for prosecution of patents by BioNumerik. 9.2 ASTA Medica Patent Maintenance and Assistance. ASTA Medica will be responsible for prosecuting, maintaining, and defending the patents covered by the ASTA Medica Patent Rights and ASTA Medica will own all ASTA Medica Patent Rights. The costs for prosecuting and maintaining such patents shall be at ASTA Medica's own expense and the costs of defending such patents in the Territory will be borne [**] by ASTA Medica and [**] by BioNumerik. ASTA Medica will regularly advise BioNumerik as to the progress of its patent applications and re...

Patent Matters. SPTL shall have the first right, but not the obligation, to direct and control the preparation, filing, prosecution, issuance, maintenance (including interference, opposition and similar Third Party proceedings before the relevant patent office), enforcement and defense of any Patents (collectively, “Patent Matters”) in the JVC Developments. Otherwise, (a) for Joint Inventions owned by the JVC and SPTL, SPTL shall direct and control all Patent Matters at its cost, (b) for Joint Inventions owned by the JVC and AUO, AUO shall direct and control all Patent Matters at its cost, and (c) each of SPTL and AUO shall direct and control all Patent Matters for the Intellectual Property owned solely by it pursuant to this Agreement at its cost. All of the foregoing shall be as otherwise described in and governed by the terms and conditions of the IP Services Agreement.

Patent Matters. 20 9.1 BioNumerik Patent Maintenance................................................................ 20 9.2 ASTA Medica Patent Maintenance and Assistance................................................ 21 9.3

Patent Matters. CTT shall control all aspects of filing, prosecuting and maintaining patents. CTT shall notify DAEYANG of the issuance of any patents to be included in Licensed Technology.