PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of the Patent Rights in the Territory shall be managed by XENOMICS. XENOMICS agrees to renegotiate the terms of this Agreement if XENOMICS is unable to secure issuance of one or more claims that cover substantially the same subject matter as the claims pending in Patent Rights as of the Effective Date in one or more patents in the Territory.
6.2 XENOMICS will file, prosecute and maintain any patent applications directed to improvements on inventions that are related to Patent Rights (“New Inventions”), whether owned solely or jointly with IPSOGEN and IPSOGEN shall cooperate with XENOMICS in the filing, prosecution and maintenance of all such New Inventions. Such cooperation includes, without limitation, (a) promptly executing all papers and instruments or requiring its employees to execute such papers and instruments as reasonable and appropriate so as to enable XENOMICS to file, prosecute and maintain such New Inventions in any country; and (b) promptly informing XENOMICS of matters that may affect the preparation, filing, prosecution or maintenance of any such New Inventions.
(a) IPSOGEN agrees to provide XENOMICS with prompt written notice after becoming aware of any infringement of any of the Patent Rights or New Inventions in the Field and of any available evidence thereof.
(b) XENOMICS shall have the right, but not the obligation, under its control and at its sole expense, to prosecute any third party infringement of the Patent Rights or New Inventions or to defend the Patent Rights or New Inventions in any declaratory judgment action brought by a third party which alleges the invalidity, unenforceability or non-infringement of any Patent Rights. IPSOGEN agrees to cooperate fully in any action under this Section 6.3, provided that XENOMICS reimburses material costs and expenses incurred with providing such assistance.
PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of all patents and the expense thereof shall be the responsibility of Genzyme (and/or its licensor of the Patent Rights).
(a) EXACT agrees to provide Genzyme with prompt written notice after becoming aware of any infringement of any of the Patent Rights.
(b) Genzyme (or its licensor, as the case may be) shall have the right, under its control and at its expense, to prosecute any third party infringement of the Patent Rights or to defend the Patent Rights in any declaratory judgment action brought by a third party which alleges the invalidity, unenforceability or non-infringement of any Patent Right. EXACT agrees to cooperate fully in any action under this Section 6.2, provided that Genzyme (or its licensor, as the case may be) reimburses EXACT for its reasonable costs and expenses incurred in connection with providing such assistance.
(c) In the event that
(i) EXACT notifies Genzyme that a third party is conducting activities in the Field that infringe the Patent Rights in any country,
(ii) said third party continues to infringe for [CONFIDENTIAL TREATMENT REQUESTED]/*/ after receipt by Genzyme of such notice and does not obtain a license from Genzyme under the applicable Patent Rights within such period, and
(iii) EXACT can demonstrate to Genzyme's reasonable satisfaction through written documentation that (A) EXACT has Net Sales or Net Service Revenues in one or more countries in which there is any Valid Claim within the Patent Rights, and (B) the infringing activities of said third party have resulted in annualized income to said third party equal to or greater than (x) [CONFIDENTIAL TREATMENT REQUESTED]/*/ worldwide in countries in which there is any Valid Claim within the Patent Rights (determined based on Net Sales or Net Service Revenues of the [CONFIDENTIAL TREATMENT REQUESTED]/*/ or (y) [CONFIDENTIAL TREATMENT REQUESTED]/*/ of EXACT's annualized Net Sales or Net Service Revenues (as applicable) worldwide in countries in which there is any Valid Claim within the Patent Rights (determined based on Net Sales or Net Service Revenues of the[CONFIDENTIAL TREATMENT REQUESTED]/*/), whichever is greater, then, after making such a demonstration, EXACT may withhold up to [CONFIDENTIAL TREATMENT REQUESTED]/*/ of the royalty payments that would otherwise be payable to Genzyme on Net Services Revenues from Diagnostic Services covered in whole or in part by the infringed Patent Rights or on Net Sales of Licensed Reagen...
PATENT PROSECUTION; INFRINGEMENT. (a) The prosecution, filing and maintenance of the Patent Rights in the Territory shall be managed by XENOMICS. Xenomics acknowledges and agrees that the nucleotide sequence claims set forth in the patent application as claims 16-35 and 56-71 as further described in the Patent Rights (the “NA Claims”) are of potential value to ASURAGEN. Within thirty (30) days of the Effective Date, Xenomics agrees to file a divisional application in the USPTO and the EPO requesting examination of the NA Claims and agrees to use commercially reasonable efforts to pursue the NA Claims. Xenomics agrees to renegotiate the terms of this Agreement if XENOMICS is unable to secure issuance of a Valid Claim that covers an ASURAGEN product within five (5) years of the Effective Date.
(b) XENOMICS agrees (i) to keep ASURAGEN timely informed as to the filing, prosecution, and maintenance of the Patent Rights, (ii) provide ASURAGEN copies of all documents relevant to any such filing, prosecution, and maintenance, (iii) allow ASURAGEN reasonable opportunity to comment and advise on documents to be filed with any patent office which would affect the Patent Rights, and (iv) give good faith consideration to the comments and advice of ASURAGEN.
6.2 Intentionally left blank.
6.3 (a) ASURAGEN agrees to provide XENOMICS with prompt written notice after becoming aware of any infringement of any of the Patent Rights in the Field and of any available evidence thereof. If XENOMICS elects not to prosecute such third party infringement of the Patent Rights, the Parties shall in good faith discuss royalty reductions or a re-negotiation of this Agreement.
PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of the Patent Rights in the Territory shall be the responsibility of and managed by TROVAGENE. TROVAGENE shall, twice yearly in June and December, submit to SKYLINE a full report relating to the Patent Rights, the rights granted, opposition procedures and the like for the Territory. TROVAGENE warrants and represents to use all reasonable efforts to pursue the patent applications in each country of the Territory diligently and to obtain patents at the earliest time possible in each country of the Territory.
6.2 In the event of any invention made by SKYLINE relating to the licensed Patent Rights (“New Inventions”), SKYLINE will be the owner of such New Inventions and has the right to file, prosecute and maintain any patent for such New Inventions in any country of its choice. Prior to any filings or applications for New Inventions SKYLINE will provide TROVAGENE with ninety (90) days written notice of its intent to file or pursue protection for such New Invention for the purposes of providing TROVAGENE the opportunity to negotiate in good faith rights or terms to participate in such action. Any such New Invention does explicitly not include any future, upgraded, updated, successor and/or otherwise amended microarray in connection with the AML Profiler®. In the event the parties agree on TROVAGENE filing, prosecuting and maintaining any patent applications directed to such New Inventions that are related to Patent Rights and the terms thereto whether owned solely or jointly with SKYLINE, SKYLINE shall cooperate with TROVAGENE in the filing, prosecution and maintenance of all such New inventions. Such cooperation includes, without limitation, (a) promptly executing all papers and instruments or requiring its employees to execute such papers and instruments as reasonable and appropriate so as to enable TROVAGENE to file, prosecute and maintain such New Inventions in any country; and (b) promptly informing TROVAGENE of matters that may affect the preparation, filing, prosecution or maintenance of any such New Inventions.
6.3 (a) SKYLINE agrees to provide TROVAGENE with prompt written notice after becoming aware of any infringement of any of the Patent Rights or New Inventions (if such New Inventions are filed in TROVAGENE’ name) in the Field and of any available evidence thereof.
PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of the Patent Rights in the Territory shall be managed by XENOMICS.
6.2 XENOMICS will file, prosecute and maintain any patent applications directed to improvements on inventions that are related to Patent Rights (“New Inventions”), whether owned solely or jointly with LABCORP and LABCORP shall cooperate with XENOMICS in the filing, prosecution and maintenance of all such New Inventions. Such cooperation includes, without limitation, (a) promptly executing all papers and instruments or requiring its employees to execute such papers and instruments as reasonable and appropriate so as to enable XENOMICS to file, prosecute and maintain such New Inventions in any country; and (b) promptly informing XENOMICS of matters that may affect the preparation, filing, prosecution or maintenance of any such New Inventions.
6.3 (a) LABCORP agrees to provide XENOMICS with written notice as soon as practicable after becoming aware of any infringement of any of the Patent Rights or New Inventions in the Field and of any available evidence thereof.
PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of all patents and the expense thereof shall be the responsibility of Genzyme (and/or its licensor of the Patent Rights).
6.2 (a) EXACT agrees to provide Genzyme with prompt written notice after becoming aware of any infringement of any of the Patent Rights.
PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of the Patent Rights in the Territory shall be managed by XENOMICS.
6.2 XENOMICS will file, prosecute and maintain any patent applications directed to improvements on inventions that are related to Patent Rights (“New Inventions”), whether owned solely or jointly with WARNEX and WARNEX shall cooperate with XENOMICS in the filing, prosecution and maintenance of all such New Inventions. Such cooperation includes, without limitation, (a) promptly executing all papers and instruments or requiring its employees to execute such papers and instruments as reasonable and appropriate so as to enable XENOMICS to file, prosecute and maintain such New Inventions in any country;
PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of the Patent Rights in the Territory shall be managed by TROVAGENE.
6.2 TROVAGENE hereby undertakes to notify Fairview promptly should the Patent Rights lapse for failing to meet a deadline, should the Original Licensor and/or TROVAGENE decide to stop pursuing the Patent Rights or should the Patent Rights not be allowed by the US Patent Office for any reason.
6.3 Fairview agrees to provide TROVAGENE with prompt written notice after becoming aware of any infringement of any of the Patent Rights or New Inventions in the Field and of any available evidence thereof.
PATENT PROSECUTION; INFRINGEMENT. Enforcement of Intellectual Property Rights. In the event that the Company becomes aware of any infringement by a third party of any of the IP or Marks (“Infringing Activities”), it shall promptly institute, prosecute and control any action or proceeding with respect to any such Infringing Activities, using counsel of its choice, including any declaratory judgment action arising from such infringement.
PATENT PROSECUTION; INFRINGEMENT. AQ is obligated to, at AQ's expense, prepare and file one or more patent application(s) for any Lead Candidate(s) and Improvements and is obligated to pursue Patent Prosecution of such patent application(s) and patent(s) which issue from such application(s). AQ shall pursue any Patent Prosecution in a manner that it in good faith believes to be scientifically and commercially reasonable; provided, however, that (i) AQ shall determine in consultation with the Joint Project Team the timing and manner of such Patent Prosecution and the amount of resources, personnel, and effort, devoted by AQ to such Patent Prosecution, patent protection or the scope of the protection afforded by any allowed patent claim and (ii) provided that AQ diligently and in good faith pursues Patent Prosecution of a particular Lead Candidate, AQ shall have no liability or obligation to RandH for the failure to obtain any patent protection relating to any Lead Candidate or the scope of the protection afforded by any allowed patent claim. AQ shall pursue the prosecution of any actual or alleged infringement by a third party of any of the Licensed Technology (as defined in Section 9.1 below).
