Patent Matters Sample Clauses

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. Paragraph 5.2 (b) shall be deleted in its entirety and replaced with the following: LICENSEE may request that the UNIVERSITY take legal action against the infringement of University’s Patent Rights. Such request must be in writing and must include reasonable evidence of infringement and damages to LICENSEE. If the infringing activity has not abated within ninety (90) days following the effective date of request, then the UNIVERSITY or the U.S. Government has the right to: the UNIVERSITY shall give notice of its election in writing to LICENSEE by the end of the one-hundredth (100th) day after receiving notice of written request from LICENSEE; provided, however, in the event of a litigation commenced under the ▇▇▇▇▇-▇▇▇▇▇▇ Act, UNIVERSITY shall give notice of its election in writing to LICENSEE by the end of the thirtieth (30th) day after receiving notice of written request from LICENSEE. LICENSEE may thereafter bring suit for patent infringement, at its own expense, if and only if the UNIVERSITY and the U.S. Government elect not to commence suit and if the infringement occurred during the period and in a jurisdiction where LICENSEE had exclusive rights under this Agreement. If, however, LICENSEE elects to bring suit in accordance with this Paragraph 5.2, then the UNIVERSITY or the U.S. Government may thereafter join that suit at its own expense. LICENSEE agrees not to bring suit for patent infringement without following the procedures of this Paragraph, and both parties agree to be bound by the outcome of a suit for patent infringement, patent infringement issues and patent infringement defenses raised through the pendency of such a suit under this Paragraph 5.2 (b). All other terms and conditions in the License Agreement between OTONOMY and UNIVERSITY, effective November 5, 2008 and amended in Amendment No. 1, effective January 27, 2010, shall remain unchanged and in effect. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. The parties agree that this Amendment No. 2 may be executed by facsimile and in two (2) or more counterparts each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. OTONOMY, INC. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA By: /s/ ▇▇▇ ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇, Ph.D. Name: ▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇, Ph.D. Title: CEO ...

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. 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) RTI shall be responsible for payment of maintenance fees for US Patent [*] that become due after the Effective Date. (b) If either party learns of any actual or threatened infringement or misappropriation or any attack on the validity or enforceability by a third party with respect to Licensor Patent Rights and the Licensor Intellectual Property in the Field, such party shall promptly notify the other party and shall provide such other party with available evidence of such events. (c) RTI shall have the first option to pursue any enforcement or defense of Licensor Patent Rights and the Licensor Intellectual Property against infringement or misappropriation, including defense against a declaratory judgment action alleging invalidity or non-infringement of any of the Licensor Patent Rights and the Licensor Intellectual Property in the Field; provided, that RTI pays all costs and expenses related to the same, keeps Licensor reasonably informed of its progress and provides Licensor with copies of any substantive documents related to such proceedings and reasonable notice of all such proceedings. RTI shall notify Licensor of its decision to exercise its right to enforce or defend Licensor Patent Rights or Licensor Intellectual Property not later than [*] following its discovery or receipt of notice of the alleged infringement or misappropriation. (d) If (i) RTI notifies Licensor that it will not enforce Licensor Patent Rights and the Licensor Intellectual Property in accordance with Section 1.2(c); (ii) RTI has exhausted all legal appeals with respect to causing the alleged infringement or misappropriation to cease or causing the person alleging the infringement or misappropriation to forebear, (iii) RTI fails to bring an infringement or misappropriation action within [*] following its discovery or receipt of notice of the alleged infringement or misappropriation or (iv) RTI is not diligently pursuing an infringement or misappropriation action or diligently defending the validity or enforceability of Licensor Patent Rights and the Licensor Intellectual Property at issue, then Licensor shall have the right to pursue the alleged infringer or party responsible for the alleged misappropriation or take control of any action initiated by, or being defended by, RTI at Licensor’s own expense. Notwithstanding the foregoing, if RTI has not initiated an infringement or misappropriation action as described under (iii) above, or ceased to pursue such action, on the advi...

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. 20 10.1 BioNumerik Patent Maintenance .................................... 20 10.2 Grelan Patent Maintenance and Assistance ......................... 20 10.3 No Present Notification of Infringement- BioNumerik .............. 21 10.4 No Present Notification of Infringement- Grelan .................. 21 10.5 Enforcement of Patents and Proprietary Rights .................... 21