Patent Prosecution and Infringement. 12.1 After the Effective Date of this Agreement, LICENSEE shall have the primary responsibility for the filing, prosecution, and maintenance of all Licensed Patent(s), including the conduct of all interference, opposition, nullity, and revocation proceedings, using counsel of its choice reasonably acceptable to STANFORD; provided, however, that STANFORD shall have reasonable opportunity to advise and consult with LICENSEE on such matters and may instruct LICENSEE to take such action as STANFORD believes reasonably necessary to protect the Licensed Patent(s). Counsel shall provide both LICENSEE and STANFORD with copies of all material correspondence related to filing, prosecution, and maintenance of the Licensed Patent(s). Invoices for legal services shall be sent directly to LICENSEE with a copy directed to STANFORD. If LICENSEE decides to abandon any patent or patent application within the Licensed Patent(s), it shall give timely notice to STANFORD, which may continue prosecution or maintenance at its sole expense; and any such abandoned patent or patent application shall cease to be a Licensed Patent(s) as of the date of such notice.
12.2 Payment of all reasonable fees and costs relating to the filing, prosecution, and maintenance of the Licensed Patent(s) after the Effective Date of this Agreement shall be the responsibility of LICENSEE.
12.3 STANFORD shall promptly inform LICENSEE of any suspected infringement of any Licensed Patent(s) by a third party. LICENSEE shall have the right at its expense to initiate and control any proceeding relating to any infringement by a third party or any Licensed Patent(s), any declaratory action alleging invalidity or noninfringement of any Licensed Patent(s), or any interference, opposition, nullity or revocation proceeding relating to any Licensed Patent(s) ("Protective Action"). In pursuing such Protective Action, LICENSEE shall provide STANFORD with material information related to the Protective Action and shall have the right, but not the obligation, to join STANFORD as a party to the Protective Action at LICENSEE's expense. STANFORD shall have the right to participate in the Protective Action with its own counsel at its own expense. If LICENSEE brings a Protective Action, it may enter into a settlement, consent judgment, or other voluntary final disposition of such Protective Action at its sole option. Any damages recovered by a Protective Action shall be used first to reimburse LICENSEE for the costs (including...
Patent Prosecution and Infringement. 4.1 Cymer agrees that it shall, at its own expense, prepare, file, prosecute and maintain the Sublicensed Patents, in such countries as Cymer deems appropriate, and shall be responsible for conducting any interferences, re-examinations, reissues, oppositions or requests for patent term extensions relating to the Sublicensed Patents. EUV shall cooperate fully in the preparation, filing and prosecution of any Sublicensed Patents under this Sublicense Agreement. Notwithstanding the foregoing, Cymer shall not take any such action that could adversely affect a patent or application owned by EUV, unless such action is mutually agreed by the parties. Cymer shall provide EUV with sufficient written notice of any decision not to prepare, file, prosecute and maintain any Sublicensed Patent so that EUV may take such action on its own.
4.2 Each party will promptly notify the other party of any written claim received by it alleging infringement by a Product of the proprietary rights or patents of a third-party. Cymer shall assume the defense of any action relating to any such allegation of patent infringement.
4.3 Each party will promptly notify the other party hereto of the possible infringement by a third-party of a Product or any of the Sublicensed Technology or Sublicensed Patents comprising a Product. Cymer shall have the sole right to take any action it deems necessary, at its sole cost and expense, with respect to any infringement of a Product or the Sublicensed Patents.
4.4 Within the Field of Use, if Cymer fails to bring an infringement action as provided in Section 4.3 above within sixty (60) days after notice of alleged infringement, EUV shall be permitted to take any action it deems necessary, at its sole cost and expense, in order to protect its research, royalty and other payment interests.
4.5 If either party brings an infringement action under this Agreement, the other party shall cooperate fully, including if required to bring such action, the furnishing of a power of attorney.
Patent Prosecution and Infringement. Bioject shall, at its cost, prepare and diligently prosecute patent applications covering the Products in the ***Confidential portions omitted and submitted separately to the Securities and Exchange Commission. An application for confidential treatment has been submitted pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Territory and continuations, divisions, renewals and reissues thereof. Bioject shall diligently enforce its patent rights.
Patent Prosecution and Infringement. 6.1 UABRF shall be responsible for the prosecution and maintenance of the Licensed Patents using counsel of its choice. UABRF shall provide Licensee with copies of relevant documentation so that Licensee may be informed and apprised of the continuing prosecution of Licensed Patents. Licensee shall have the right to comment on such continuing prosecution, and such comments shall not be unreasonably denied for inclusion in UABRF prosecution and maintenance. Licensee agrees to keep such patent information Confidential.
6.2 UABRF shall retain full ownership and title to the Licensed Patents.
6.3 UABRF intends to protect Licensed Patents against infringers or otherwise act to eliminate infringement when, in UABRF’s sole judgment, such action may be reasonably necessary, proper, and justified.
6.4 In the event that Licensee learns of infringement of potential commercial significance of any patent licensed under this Agreement, it will provide UABRF with (i) written notice of such infringement, and (ii) any evidence of such infringement available to it (the “Infringement Notice”). Any Infringement Notice will be considered Confidential Information as described herein. UABRF shall have the right to terminate this Agreement immediately if the Licensee notifies a third party of infringement or puts such third party on notice of the existence of any Patent Rights without first obtaining the written consent of UABRF. Both UABRF and Licensee, and as applicable, its Sublicensee(s) will use their best efforts to reasonably cooperate with each other to terminate such infringement without litigation.
6.5 The Licensee retains the right to bring suit against an infringer for infringement of its own patents that may be Sublicensed with the Licensed Patents (“Related Suit”). Should Licensee request that UABRF be named as a party in a Related Suit, or should Licensee seek inclusion of the Licensed Patents under a Related Suit, Licensee must obtain prior written consent of UABRF. All costs for UABRF’s participation in a Related Suit will be borne by the Licensee.
6.6 Any agreement made by Licensee for purposes of settling litigation in a Related Suit or other dispute that includes a Sublicense shall comply with the requirements of this Agreement.
Patent Prosecution and Infringement. (1) MRC shall be responsible for seeking issuance and maintenance of the Patent Rights.
(2) If the Licensee becomes aware of a suspected infringement of the Patent Rights it shall notify MRC giving full particulars thereof. If the alleged infringement consists of any act which (if done by the Licensee) would be within the scope of the licences granted under this Agreement MRC and the Licensee shall (within a reasonable time of the said notification) consult together with a view to agreeing upon a course of action to be pursued.
Patent Prosecution and Infringement. 6.1 DFCI shall apply for, seek prompt issuance of, and maintain during the term of this Agreement any Patent Rights in the United States and in foreign countries. The prosecution, filing and maintenance of all patents shall be the primary responsibility of DFCI, provided, however, that Corixa shall have reasonable opportunity to advise DFCI on such matters, such opportunity toinclude the right to review all documents intended for submission in the examination of any application within the Patent Rights, including patent prosecution in foreign countries. If DFCI is unable or unwilling to do so, DFCI shall provide appropriate notice to Corixa, following which Corixa may file or prosecute any such patent applications or continue maintenance of the patents licensed hereunder.
6.2 Payment of all fees and costs relating to the filing, prosecution and maintenance of all patents shall be the responsibility of Corixa, whether such fees and costs were incurred before, as provided for in Section 4.1, or after the date of this Agreement. As of the Effective Date, the total expenses incurred by DFCI were [***], as delineated in Section 4.1.
(a) If at any time during the term of this Agreement, Corixa furnishes to DFCI reasonably convincing written evidence of an infringement of a patent included in the Patent Rights covering the Invention which materially adversely affects the commercial operations of Corixa under the license granted hereunder, and DFCI shall within three (3) months after receipt of such evidence fail to cause such infringement to terminate or to bring a suit or action to compel termination, then in each country in which an infringement is occurring, payment of royalties and minimum amounts which are earned under Article IV hereof shall be waived as long as such infringement continues; provided, however, that such royalties and minimum amounts shall not be so waived as long as at least one suit or action is being prosecuted by DFCI for infringement of a patent covering the Invention and Corixa is not enjoined from commercial sales of
(b) If after said three (3) months, DFCI fails to cause such infringement to terminate or to bring a suit or action to compel termination, Corixa shall have the right, but not the obligation, to bring such suit or action to compel termination and shall have the right for such purpose to join DFCI as a party plaintiff at Corixa's expense. DFCI independently shall have the right to join any such suit or action brought by Cor...
Patent Prosecution and Infringement. LICENSEE shall have the primary responsibility for the prosecution, filing and maintenance of all Licensed Patents, including the conduct of all interference, opposition, nullity and revocation proceedings, using counsel of its choice; provided, however, that STANFORD shall have reasonable opportunity to advise and consult with LICENSEE on such matters and may instruct LICENSEE to take such action as STANFORD reasonably believes necessary to protect the Licensed Patent(s). Counsel shall concurrently provide STANFORD and LICENSEE with copies of all material correspondence related to the prosecution of the patent applications within the Licensed Patent(s). Invoices for legal services incurred in connection with the prosecution, filing and maintenance of all Licensed Patents shall be sent directly to STANFORD with a copy directed to LICENSEE. Should LICENSEE elect to abandon any patent or patent application in any country, it shall give timely notice to STANFORD, who may continue prosecution or maintenance, at its sole expense and LICENSEE shall have no further rights with respect to such patent application or patent in such country. In the event that a conflict arises with respect to patent counsel selected by LICENSEE, STANFORD may, with just cause and after consulting with LICENSEE, select new patent counsel reasonably acceptable to LICENSEE.
Patent Prosecution and Infringement. 6.1 RESPONSIBILITY FOR PATENTING GDF-8
Patent Prosecution and Infringement. 6.1 XXXXXX shall apply for and maintain during the term of this AGREEMENT any Patent Rights in the United States and in the European Union, Australia, Brazil, Canada, Japan and South Korea, and Mexico. The prosecution, filing and maintenance of all patents, with the exception of fee payments, shall be the primary responsibility of XXXXXX, using patent counsel selected by XXXXXX and reasonably acceptable to VRI, provided, however, that VRI shall be given a reasonable opportunity to advise XXXXXX on such matters, particularly as they pertain to patent prosecution in foreign countries, and XXXXXX shall furnish to VRI copies of any documents relevant to such prosecution, filing and maintenance in sufficient time in advance for VRI or its patent counsel to comment thereon. VRI shall pay all reasonable patent fees and costs, including reasonable counsel fees, incurred by XXXXXX pursuant to this Section.
Patent Prosecution and Infringement. 15.1 CAT shall have the sole right and responsibility, at its sole discretion and cost and with reasonable assistance from Chugai to file, prosecute and maintain the CAT Background Patent Rights and any CAT Foreground Patent Rights and for the conduct of any lawsuits, claims or proceedings including, without limitation, any interference or opposition proceeding relating thereto in all countries. All applicable costs, including those of Chugai in providing reasonable assistance and of the patent attorneys retained by CAT, shall be the responsibility of CAT.
15.2 Subject to Clause 15.3 Chugai shall have the sole right and responsibility, at its sole discretion and with reasonable assistance from CAT to file, prosecute and maintain the Patent Rights and any other rights related to or contained in the Chugai IP and for the conduct of any lawsuits, claims or proceedings relating to them in all countries, including, without limitation, any interference or opposition proceedings. All applicable costs, including those of CAT in providing reasonable assistance and of the patent attorneys retained by Chugai, shall be the responsibility of Chugai.
15.3 Nothing in this Agreement is intended to restrict, or to be construed as restricting, Chugai’s right to file, obtain, maintain and/or enforce such Patent Rights in respect of Targets and their utility as it sees fit provided always that Chugai shall have no right, subject to Clause 15.4, [***] For the avoidance of doubt, [***]
15.4 Notwithstanding the provisions of Clause 15.3, the Parties acknowledge and agree that it may, from time to time during the term of this Agreement, be necessary for Chugai [***]. Where Chugai reasonably considers it necessary to do so it shall [***]. CAT shall, [***].
15.5 [***]
15.6 For the avoidance of doubt, the Parties hereby agree that [***].
15.7 If CAT reasonably determines that [***].
15.8 Each Party shall promptly report in writing to the other during the term of this Agreement any (i) known infringement or suspected infringement of any of the CAT IP or the Chugai IP or (ii) unauthorised use or misappropriation of any Confidential Information by a Third Party of which it becomes aware, and shall provide the other Party with all available evidence supporting said infringement, suspected infringement or unauthorised use or misappropriation.
15.9 If during the term of this Agreement a Third Party in any country where any Product is being imported, manufactured, used, or sold, notifies a...
