PATENT PROSECUTION AND LITIGATION. 5.1 Biogen shall be solely responsible for prosecution and maintenance of the PATENTS. Tanox shall bear the cost of all matters relating to the maintenance and prosecution of the PATENTS, such costs to be creditable against any payments due Biogen. Biogen shall promptly notify Tanox of all information received by Biogen relating to the prosecution and maintenance of PATENTS, including, without limitation, any lapse, revocation, surrender, invalidation or abandonment of any of the PATENTS. Biogen may, in its sole discretion, decide to refrain from, or cease to prosecute, or maintain any of the PATENTS. In such an event, Biogen shall notify Tanox promptly and in sufficient time to permit Tanox at its sole discretion to continue such prosecution or maintenance at Tanox's expense. If Tanox elects to continue such prosecution or maintenance, Biogen shall execute such documents and perform such acts at Biogen's expense as may be reasonably necessary for Tanox to so continue such prosecution or maintenance.
5.2 In the event either party or its AFFILIATES, DISTRIBUTORS (or Tanox's SUBLICENSEES) becomes aware of any actual or probable infringement of a PATENT claim licensed to Tanox under this Agreement, it shall notify the other party in writing of the details to the extent known of such infringement. Tanox, in its sole discretion and at its sole expense, may take action against any alleged infringer but would be required to take such action in the name of Biogen, if legally permissible, and if Biogen consents thereto. In determining whether to bring an action to enforce any such PATENT, Tanox shall act in a commercially reasonable manner, giving due consideration to the threat represented by the infringement and the potential risk to the PATENT involved. In the event Tanox declines within six (6) months of notification of such infringement to either (i) cause infringement to cease such as, for example, by settlement, or (ii) initiate legal proceedings against the infringer. Biogen may, but is not obligated to (upon notice to Tanox) initiate legal proceedings against the infringer, at Biogen's expense and in its own name. Biogen, under the circumstances of the previous sentence, is not obligated to initiate proceedings against more than one infringer at a time.
5.3 In the event either Tanox or Biogen shall initiate or carry out legal proceedings to enforce any of the PATENTS licensed under this Agreement against an alleged infringer, the party not initiating or ca...
PATENT PROSECUTION AND LITIGATION. 11.01. EXIGENT agrees to keep SBCL promptly and fully informed of the course of patent prosecution or other proceedings. SBCL shall hold all information disclosed to it under this section as confidential subject to the provisions of Sections 9.02 and 9.03.
11.02. Each party shall have and retain sole and exclusive title to all inventions, discoveries and know-how which are made, conceived, reduced to practice or generated by its respective employees, agents, or other persons acting under its authority in the course of or as a result of this Agreement. Ownership in all such inventions, discoveries and know-how made, conceived, reduced to practice or generated jointly by employees, agents, or other persons acting under the authority of both parties in the course of or as a result of this Agreement will be negotiated on a case by case basis, and in the event there is no agreement from such negotiation, such ownership shall be divided equally. Except as expressly provided in this Agreement or as subsequently negotiated pursuant to the foregoing sentence, each joint owner may make, use, sell, keep, license, assign, or mortgage such jointly owned inventions, discoveries and know-how, and otherwise undertake all activities a sole owner might undertake with respect to such inventions, discoveries and know-how, without the consent of and without accounting to the other joint owner. Notwithstanding anything above in this paragraph, if (i) SBCL uses its invention or discovery to modify EXIGENT TECHNOLOGY or (ii) EXIGENT expresses an interest in an exclusive license to SBCL's interest in any joint invention (subject to preexisting rights in THIRD PARTIES), then SBCL and EXIGENT shall in good faith negotiate a license of SBCL's invention or discovery or SBCL's interest in such joint invention, as the case may be, to EXIGENT.
11.03. SBCL shall have the right to assume responsibility for any PATENT or any part of a PATENT which EXIGENT intends to abandon or otherwise cause or allow to be forfeited. EXIGENT shall give SBCL reasonable written notice prior to abandonment or other forfeiture of any PATENT or any part of a PATENT so as to permit SBCL to exercise its rights under this Section.
11.04. In the event of the institution of any suit by a THIRD PARTY against EXIGENT, SBCL or its sublicensees or distributors for patent infringement involving the manufacture, use, sale, distribution or marketing of PRODUCT anywhere in the TERRITORY, the party sued shall promptly notify...
PATENT PROSECUTION AND LITIGATION. 9.01 Subject to Section 2.08 and 2.09 above, PTL shall be responsible for the filing, prosecution and maintenance of PATENTS at its own expense. PTL shall disclose to SB the complete texts of all patents and patent applications filed and/or controlled by PTL which relate to PRODUCT as well as all information received concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving a PATENT anywhere in the TERRITORY. SB shall have the right to review all such pending applications and other proceedings and make recommendations to PTL concerning them and their conduct and PTL shall take any such SB comment and recommendation into consideration. PTL agrees to keep SB promptly and fully informed of the course of patent prosecution or other proceedings including the provision to SB of copies of substantive communications, search reports and THIRD PARTY observations submitted to or received from patent offices throughout the TERRITORY. PTL shall provide such patent consultation to SB at no cost to SB. SB shall hold all information disclosed to it under this section as confidential subject to the provisions of Sections 8.04 and 8.05.
PATENT PROSECUTION AND LITIGATION. 8.1. Each party shall have and retain sole and exclusive title to all inventions, discoveries, designs, works of authorship and other know-how which are made, conceived, reduced to practice or generated by its employees, agents, or other persons acting under its authority. As to all inventions, discoveries, designs, works of authorship and other know-how made, conceived, reduced to practice or generated jointly by the respective employees, agents, or other persons acting under the authority of HGS and TRANSGENE, the parties shall own an equal undivided interest therein. In the event of jointly owned inventions, HGS shall be responsible for the filing, prosecution and maintenance of patents and patent applications directed thereto under the terms and conditions of Paragraph 8.2, however, each of HGS and TRANSGENE shall be responsible for an equal share of the cost and expense thereof. HGS shall consult with TRANSGENE with respect to strategies for filing, prosecution and maintenance of patents and patent applications for which it bears responsibility under this Paragraph 8.1, and shall keep TRANSGENE reasonably informed with regard to filing, prosecution and maintenance activity for such joint patents and patent applications, provided, however, that HGS shall have final decision-making authority with respect to filing, prosecution and maintenance of any patents and patent applications for which it is responsible. If a joint owner does not desire to file, prosecute or maintain a patent or patent application to a joint invention, such owner shall assign its ownership interest therein to the other joint owner and shall no longer be responsible for the cost and * Confidential treatment requested
PATENT PROSECUTION AND LITIGATION. 12.1 In connection with the preparation, filing, prosecution (including oppositions) and maintenance of patents on RESEARCH PROGRAM IP related to EXCLUSIVE CAT PRODUCTS, HGS shall endeavor to obtain commercially reasonable patent protection (under the circumstances) in the RESEARCH PROGRAM IP and shall consider in good faith the interests of CAT in so doing. HGS (a) shall consult with CAT regarding the preparation of such patents, and shall implement all reasonable requests of CAT; (b) shall supply CAT with a copy of each such patent application as filed, together with notice of its filing date and serial number; (c) shall consult with CAT regarding the prosecution and maintenance of such patents, and shall implement all reasonable requests of CAT; and (d) shall inform CAT promptly of the allowance and issuance of each such patent, together with the date and patent number thereof, and shall provide CAT with a copy of such patent as allowed and then as issued; and (e) shall prosecute all reexaminations and reissues as reasonably requested by CAT.
12.2 If HGS elects to abandon any patent application (for which it does not file a continuation application), not to pursue the filing of any foreign patent application or not to maintain any patent directed to an EXCLUSIVE CAT PRODUCT, HGS shall give CAT written notice thereof not less than (90) days prior to the last day permitted to timely continue such patent application or to maintain such patent and protect its rights under this Paragraph 12.2. CAT shall have the right, at its sole cost and in its sole cost and in its sole discretion, to assume control of the preparation, filing, prosecution (including oppositions) and maintenance of such patent application or patent.
12.3 Each party shall cooperate with the other, execute all lawful papers and instruments and make all rightful oaths and declarations as may be reasonably necessary in the preparation, filing, prosecution and maintenance of the patents or any other rights related to RESEARCH PROGRAM IP.
12.4 Both parties will provide the other reasonable assistance to enable the other to prepare, file, prosecute and maintain patents pursuant to this Article 11.
12.5 In the event of the institution of any suit by a THIRD PARTY,
12.5.1 against CAT, its AFFILIATES or (sub)licensees (other than HGS) to the extent it is for patent infringement involving the manufacture, use, import, offer for sale, sale, distribution or marketing of EXCLUSIVE CAT PRODUCT, CAT shall ...
PATENT PROSECUTION AND LITIGATION. 13.1. Each party shall have and retain sole and exclusive title to all inventions, discoveries, designs, works of authorship and other know-how which are made, conceived, reduced to practice or generated only by its employees, agents, or other persons acting under its authority. Each party shall own an equal undivided interest in all such
PATENT PROSECUTION AND LITIGATION. 7.01 LICENSOR, or any entity having granted or granting rights to LICENSOR, shall be responsible for the filing, prosecution and maintenance of PATENTS which, subject to Paragraph 7.02, shall be at the cost and expense of LICENSOR (or the entity having granted or granting rights to LICENSOR). LICENSOR shall disclose to LICENSEE the complete texts of all patent applications within PATENTS as well as all information received concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceedings involving a PATENT anywhere in the TERRITORY. LICENSEE shall have the right to review all such pending applications and other proceedings and to make comments and/or recommendations to LICENSOR concerning them and their conduct and
PATENT PROSECUTION AND LITIGATION. Peptide shall be responsible for the filing, prosecution and maintenance of Patents at its own expense.
PATENT PROSECUTION AND LITIGATION. 7.01 (a) JAGOTEC shall retain full title to and sole ownership of PATENTS, JAGO-KNOW-HOW and GEOMATRIX® TECHNOLOGY, and SB shall not, whether directly or indirectly, through its officers, directors, employees, agents, AFFILIATES, sublicensees, distributors, customers or other controlled or associated THIRD PARTIES, acquire any proprietary interest therein or other right thereto, other than as provided in this AGREEMENT.
PATENT PROSECUTION AND LITIGATION. 7.01 Each party shall have and retain sole and exclusive title to all inventions, discoveries and know-how which are made, conceived, reduced to practice or generated by its employees, agents, or other persons acting under its authority in the course of or as a result of this AGREEMENT. Notwithstanding the foregoing, each party shall own a fifty percent (50%) undivided interest in all such inventions, discoveries and know-how which are made, conceived, reduced to practice or generated jointly by employees, agents, or other persons acting under the authority of both parties in the course of or as a result of this AGREEMENT.
7.02 IMMUNOGEN warrants and represents that it has disclosed to SB the complete texts of all patent applications filed by IMMUNOGEN as of the EFFECTIVE DATE which relate to PRODUCT as well as all information received as of the EFFECTIVE DATE concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving a PATENT anywhere in the TERRITORY. IMMUNOGEN further warrants and represents that it will disclose to SB the complete texts of all patent applications filed by IMMUNOGEN after the EFFECTIVE DATE which relate to PRODUCT as well as all information received after the EFFECTIVE DATE concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving a PATENT anywhere in the
