Patent Prosecution and Enforcement. 7.1 Asubio shall retain ownership of the Asubio Patents, which Xxxxxx Patents cannot be assigned to a third party other than the Affiliate of Asubio without Xxxxxx’ advance [***] CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT BOTH (A) IS NOT MATERIAL AND (B) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. written consent (not to be unreasonably withheld); provided, however, that this provision shall not act to prohibit Asubio from granting other licenses under the Asubio Patents consistent with the provisions of Section 2 above. Xxxxxx shall also retain the sole right and the obligation to diligently use commercially reasonable efforts to file, prosecute and maintain the patent applications and patents included in the Asubio Patents that include claims encompassing the Compounds, including the filing of continuation applications, divisional applications, appeals, reissues and reexaminations where reasonably warranted.
7.2 Asubio shall keep Omeros timely informed of all actions reasonably considered to be important, including, without limitation, all application filings, search reports, examination reports, office actions, responses, amendments and appeal proceedings, that are taken in the filing, prosecution and maintenance of any patent or patent application included in the Asubio Patents that include claims encompassing the Compounds. Xxxxxx shall cooperate with Asubio in the course of the procedure for extension of the Asubio Patents, including any supplemental protection certificates. Should Asubio determine not to proceed with or to abandon the filing, prosecution or maintenance of any patent or patent application included in the Asubio Patents that claims any of the Compounds, Asubio shall provide Xxxxxx timely advance notice of its determination and Xxxxxx shall be entitled at its discretion and upon written notice to Xxxxxx to assume the right to file, prosecute and maintain such patent or patent application, at Xxxxxx’ sole expense, which such patent or patent application shall thereafter be excluded from the basis for payment of any Milestone Fee or Royalty to Asubio.
7.3 Xxxxxx shall own and retain ownership of the Compound Improvement Patents and the Field Improvement Patents, which Compound Improvement Patents and Field Improvement Patents cannot be assigned to a third party other than an Affiliate of Xxxxxx without Xxxxxx’s advance written consent (not to be unreasonably withheld). Xxxxxx shall also retain ...
Patent Prosecution and Enforcement. There are no provisions in such related license agreement concerning the prosecution, maintenance, enforcement or defense with respect to the Licensed Patents.
Patent Prosecution and Enforcement. 10 ARTICLE 8 - TERMINATION............................................12 ARTICLE 9 - INDEMNIFICATION........................................13 ARTICLE 10 - ASSIGNMENT............................................13 ARTICLE 11 - AGENCY................................................14
Patent Prosecution and Enforcement. 7.1 U.S. Applications. LICENSEE hereby authorizes UKRF, in the name of UKRF or its employees, at UKRF's expense, to apply for and seek prompt issuance of, and upon issuance, maintain during the term of this Agreement U.S. patent applications and patents as described in the PATENT RIGHTS or as may otherwise apply to the TECHNOLOGY. UKRF shall apply all reasonable efforts to retain broad patent claims as are reasonable and practical taking into consideration the need and likelihood of patent issuance and enforceability. LICENSEE shall take all actions necessary to cooperate with and assist UKRF in the filing and prosecution of such patent applications including but not limited to appropriate invention disclosures and execution of documents as requested by UKRF's patent counsel. UKRF shall keep LICENSEE informed as to the status of such patent applications including providing LICENSEE with copies of all written communications with the patent offices, and consulting with LICENSEE on responses to the patent offices in advance of submission. If UKRF fails to diligently pursue any of such patent applications and, within sixty (60) days of LICENSEE's written request, fails to take such actions set forth in such request respecting the prosecution of any of such patent applications or if UKRF abandons any such patent application, LICENSEE shall have the right, at its expense, to take such actions as are necessary to pursue such patent applications, and LICENSEE shall have the right to offset against payments due to UKRF hereunder until the expenses incurred by LICENSEE to pursue such patent application have been recouped.
Patent Prosecution and Enforcement. Genentech shall be solely responsible, at its sole discretion and expense, for the prosecution, defense, and maintenance of the Licensed Patents and Genentech Technology Patents (including whether to undertake such activities), and for enforcing the same against actual or suspected Third Party infringers (including whether to undertake such activities).
Patent Prosecution and Enforcement. Solely in the event of execution of, and in such event promptly after the effective date of, the definitive license agreement entered into between the Parties with respect an Option exercised by Xxxxxxx as contemplated by this Section 10.5: (i) Poseida shall transfer to Xxxxxxx, and Xxxxxxx shall thereafter be solely responsible for, the prosecution and maintenance of all Patent Rights under the applicable Poseida CAR Molecule Technology and/or Poseida Therapeutic Molecule Technology in the Xxxxxxx Field for which an exclusive license has been granted to Poseida thereunder; and (ii) the Parties shall confer and mutually agree upon an enforcement strategy regarding such Patents Rights that are exclusively licensed to Xxxxxxx thereunder against any infringement through the manufacture, use, offer for sale, sale or importation of the applicable Centyrin CAR Molecule(s) and/or Centyrin Therapeutic Molecule(s).
Patent Prosecution and Enforcement. 12.01 Protox shall have full responsibility, including financial responsibility, for filing, prosecuting and maintaining all the Patents in the Territory during the term of this Agreement. If Protox elects to abandon any part of the Patents in the Territory, Protox shall provide written notice of such election to Kissei, and Kissei shall have the right, at its sole discretion, and exercisable within thirty (30) days of its receipt of such notice from Protox to have such part of the Patents assigned to it and/or assume responsibility, including financial responsibility, for such part of the Patents. Protox shall give reasonable assistance to Kissei to support prosecution and defense of such Patents (excluding financial assistance) should Kissei elect to continue prosecution.
12.02 In the event that a Third Party would attack the validity of any particular Patent in the Territory, then Protox shall at its own discretion promptly take such legal action as is required to defend the validity of such particular Patent and Kissei shall give reasonable assistance (excluding financial assistance) to Protox. Kissei may be represented by counsel of its own selection at its own expense in any such legal action but Protox shall have the right to control the suit and proceeding.
12.03 Kissei shall cooperate with Protox in obtaining any extension of the term of the Patents or any other similar period of exclusivity, which may be available under the laws and regulations in the Territory.
12.04 Each party shall promptly notify the other party of any infringement known to it of any of the Patents or the Technical Information by a Third Party in the Territory and shall provide the other party with any available evidence of such infringement. Upon reasonable notice of infringement, Protox shall have the opportunity to bring any suit or action for such infringement. If Protox is successful in abating the infringement, then any amount recovered from the infringer, whether by judgment, award, decree or settlement, shall first be applied to reimbursing Protox for the expenses incurred by Protox in bringing such suit or action and the remainder shall be divided proportionately between Protox and Kissei with reference to the relative monetary injury suffered by each by reason of the past infringement. Kissei shall, if requested by Protox and at Protox’s expense, actively assist Protox in the prosecution of such suit or action. In the event that Protox fails or is unwilling for any ...
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Patent Prosecution and Enforcement. Company will have the first right to prepare, file, prosecute and maintain Patent Rights, in Mayo’s name, with prior advice and comment from Mayo. In the event of a disagreement between Company and Mayo regarding the Patent Rights, Mayo shall make the decision. Regardless of who is controlling the actions, Company shall pay all costs and expenses associated with the filing, prosecution and maintenance of the Patent Rights within thirty days invoice. Mayo will have no liability to Company for any act or omission in the preparation, filing, prosecution, maintenance, abandonment, enforcement, defense or other handling of the Patent Rights or Know-How. The Company will promptly inform Mayo of any suspected infringement of any Patent Rights and Mayo and the Company will have the right to institute an action for infringement of the Licensed Patent consistent with the following:
(a) If Mayo and the Company agree to institute suit jointly, then the suit will be brought in the names of both parties. The Company will exercise control over such action, provided, however, that Mayo may, if it so desires, be represented by counsel of its own selection, and at its own expense.
(b) In the absence of an agreement to institute a suit jointly, Mayo may institute suit and, at its option, join the Company as a plaintiff. Mayo will bear the entire cost of such litigation, including attorneys’ fees. The Company will cooperate reasonably with Mayo, except financially, in such litigation.
(c) In the absence of an agreement to institute a suit jointly, and if Mayo determines not to institute a suit, as provided herein, then the Company may institute suit and, at its option, join Mayo if Mayo is a necessary party to the litigation. The Company will bear the entire cost of such litigation, including attorneys’ fees. Mayo will cooperate reasonably with the Company, except financially, in such litigation and Company will indemnify Mayo and its Affiliates, including the trustees, officers, agents, and employees of the foregoing, in respect to any damages or other costs of any type arising out of or relating to such enforcement. Company will not settle or enter into a voluntary disposition of the action without Mayo ’s prior written consent.
(d) Absent an agreement to the contrary, any costs under (a) above will be borne equally by the parties and any recoveries will be shared equally. Otherwise, each party will bear its own expenses and any recovery will be applied as follows:
i. first...
Patent Prosecution and Enforcement. If Astellas is responsible for the prosecution or maintenance of any Collaboration Patents [*] at the effective date of termination, Astellas shall promptly transfer to Cytokinetics, and Cytokinetics shall thereafter be solely responsible for, the prosecution and maintenance of such Collaboration Patents that are [*] under Section [*]. Cytokinetics shall have the first right to enforce at Cytokinetics’ sole cost the Collaboration Patents that are [*] under Section [*], in each case against any infringement that adversely affects or is expected to adversely affect Tirasemtiv or Product.
