Patent Prosecution & Maintenance. Patent prosecution and maintenance of the CareFusion Patents shall he Controlled by CareFusion. Licensee shall be responsible for all costs and fees in respect thereof; provided, however, that in the event CareFusion has other third party licensees of any CareFusion Patents, Licensee shall only be responsible for a prorated portion of the costs and fees for each such CareFusion Patent based on the total number of licensees of CareFusion for such CareFusion Patent. Licensee shall pay to CareFusion such amounts within thirty (30) days of invoice therefor.
Patent Prosecution & Maintenance. (a) All patent applications falling under the definition of POOLED PATENTS which are owned solely by YALE herein shall be prepared, prosecuted, filed and maintained by patent counsel chosen by YALE and reasonably acceptable to LICENSEE. Said patent counsel shall be ultimately responsible to YALE but YALE shall consult with LICENSEE on all matters associated with the preparation, prosecution, filing and maintenance of such patent applications though the ultimate decision making authority on such matters shall reside with YALE.
(b) All patent applications falling under the definition of POOLED PATENTS which are owned solely by LICENSEE or jointly by LICENSEE and YALE shall be prepared, prosecuted, filed and maintained by patent counsel chosen by LICENSEE and reasonably acceptable to YALE. Said patent counsel shall be ultimately responsible to LICENSEE, but LICENSEE shall consult with YALE on all matters associated with the preparation, prosecution, filing and maintenance of such patent applications though the ultimate decision making authority on such matters shall reside with LICENSEE. Notwithstanding the foregoing, in the case of POOLED PATENTS that are [***], LICENSEE shall not take any actions that [***] such POOLED PATENT, to the extent that such action would result in (i) [***] and/or (ii) the [***], without YALE’s prior written approval, such approval not to be unreasonably withheld or delayed. In the event the parties do not agree on the appropriate action to be taken within [***] after submission of the proposed action to YALE by LICENSEE, the parties will submit the matter to an independent intellectual property attorney [***] within [***] days following the date the parties determine that they cannot agree on the action to be taken, provided that the parties shall use the same intellectual property attorney they used for the inventorship determination under Article 2.15 if such attorney is available and if he/she does not have, at that time, [***]. The attorney selected and engaged pursuant to the above shall be required to complete his/her analysis of the action to be taken within [***] of the attorney’s engagement to the extent that such is practicable. The parties agree that the determination by such attorney [***] and is purely an effort to [***] and the parties further agree that [***]. The parties agree to [***] associated with the review by such attorney.
(c) YALE and LICENSEE shall instruct patent counsel respectively responsible to them t...
Patent Prosecution & Maintenance. OWNER will determine, in its discretion, whether and in what manner to file, prosecute, obtain, register and maintain LICENSED PATENTS, and patent applications and patents on IMPROVEMENTS (“PATENT PROSECUTION”). OWNER agrees to use reasonable efforts to file and prosecute patent applications and maintain LICENSED PATENTS. OWNER will keep LICENSEE reasonably informed of their filing, prosecution and maintenance activities and where practical, will give LICENSEE the opportunity to comment on major decisions concerning such activities. To the extent OWNER elects to conduct PATENT PROSECUTION, OWNER will be financially responsible for all fees associated with such PATENT PROSECUTION.
Patent Prosecution & Maintenance. 7.3.1 Each Party agrees promptly to provide to the other Party a complete written disclosure of any Invention made by such Party. Paieon shall determine whether any Invention owned solely by Paieon is patentable, and if so, shall, in its sole discretion, determine whether or not to proceed with the preparation and prosecution of a patent application covering any such Invention. Volcano shall determine whether any Invention owned solely by Volcano is patentable, and if so, shall, in its sole discretion, determine whether or not to proceed with the preparation and prosecution of a patent application covering any such Invention. Each Party shall cooperate with the other Party and provide consultation and assistance as may be necessary in the preparation, prosecution, maintenance and enforcements of the other Party’s patents covering the other Party’s Inventions.
7.3.2 The Parties shall discuss, in good faith, whether any Invention owned jointly by Paieon and Volcano is patentable, and if so, the sharing of costs and expenses of filing, prosecuting, enforcing and maintaining patents covering such Inventions owned jointly by the Parties in the Territory and each agrees to cooperate with the other to execute all lawful papers and instruments, to make all rightful oaths and declarations and to provide consultation and assistance as may be necessary in the preparation, prosecution, maintenance, and enforcement of all such patents. If either Party determines not to share such costs and expenses or to cease payment of same, it shall promptly and timely so notify the other Party. The other Party may at its option pursue such patent(s) covering a joint Invention at its own expense. The non-filing or abandoning Party shall assign all its rights to the joint Invention and any related application to the filing or continuing Party but shall retain for itself and its Affiliates and their respective licensees covenant-not-to-sxx immunity under any patent that issues from such joint Invention so assigned.
Patent Prosecution & Maintenance. (a) Licensors shall be responsible for preparing, filing and prosecuting U.S. and foreign patent applications and maintaining U.S. and foreign patents included in the Licensed Patents; provided, however, that all decisions relating to the prosecution of the Licensed Patents shall be made by Licensee after consultation with, and where appropriate to protect Licensors' rights and interests, the consent of, Licensors.
(b) Licensors shall extend all cooperation reasonably necessary for Licensee to perfect its rights in the Licensed Patents and shall cooperate fully with Licensee, at Licensee's expense, in any interference proceeding or investigation and correction of inventorship of the Licensed Patents which Licensee finds to be reasonably necessary. Licensee shall provide reasonable compensation to Licensors' researchers and personnel for time spent assisting in interference proceedings or inventorship investigations. Licensee shall have the right to direct Licensors to amend the Licensed Patents, or take any further action, as it deems reasonably necessary to avoid, overcome, or terminate any interference proceeding which is, or may be, declared between the Licensed Patents and U.S. Patent Application Serial No. 08/024,487 or any divisions, continuations or continuations-in-part of same, and Licensors shall extend Licensee all cooperation which is reasonably necessary for Licensee to do so.
(c) Licensee shall reimburse Licensors for all reasonable expenses associated with preparing, filing, prosecuting and maintaining the Licensed Patents and for any expenses associated with any interference proceeding. In addition, Licensee shall reimburse Licensors for any maintenance fees, costs of prosecution, or other costs which may have been expended in connection with the Licensed Patents at the direction of Licensee, or as reasonably necessary to maintain the Licensed Patents, during the period between the LOI Date and the Effective Date. Licensors will provide Licensee with invoices for such expenses and Licensee shall pay such invoices within thirty (30) days following receipt of the same.
(d) In the event Licensee does not intend to reimburse Licensors in accord with Section 5.1(c) hereinabove, for any future expense Licensors may incur in connection with the filing, prosecution or maintenance of any patent or patents licensed hereunder in a specific territory other than the United States, Licensee shall so inform Licensors, in accord with Section 9.3 hereof, at...
Patent Prosecution & Maintenance. 8.01 Subject to the provisions herein, WRF shall prosecute and maintain the Patent Rights, using counsel of its choice, and be solely responsible for payment of direct costs associated therewith.
8.02 SAVYON may request from WRF and the WRF is then obligated to provide SAVYON, with updates concerning prosecution and maintenance of the Patent Rights so that SAVYON may be informed and apprised of the continuing status of the pending applications and issued patents. SAVYON agrees to keep this information and documentation confidential as provided in Article 25.
Patent Prosecution & Maintenance. During the applicable Licensed Patent Term, EEC shall use reasonable efforts to prepare, file, prosecute, and maintain the ‘752 Patent, and EEC may in its discretion prepare, file, prosecute, and maintain other Licensed Patents, including but not limited to the specific Patent Applications identified in Schedule A hereto.
Patent Prosecution & Maintenance. OWNER will determine, in its discretion, whether and in what manner to file, prosecute, obtain, register and maintain LICENSED PATENTS, and patent applications and patents on IMPROVEMENTS (“PATENT PROSECUTION”). OWNER agrees to use reasonable efforts to file and prosecute patent applications and maintain LICENSED PATENTS. OWNER will keep LICENSEE reasonably informed and provided the opportunity to comment on major decisions concerning such activities. At the end of each calendar year, OWNER will provide LICENSEE a summary of the LICENSED PATENTS portfolio, an updated Schedule 1.1.21, and make available to LICENSEE one intellectual property attorney working for OWNER who can answer questions about the LICENSED PATENTS portfolio and provide a non-binding projection of how OWNER will handle the portfolio in the next calendar year. To the extent OWNER elects to conduct PATENT PROSECUTION, OWNER will be financially responsible for all fees associated with such PATENT PROSECUTION.
Patent Prosecution & Maintenance and Defense of Licensee Solely-Owned Arising Patents. Licensee has the sole right (but not the obligation) to prepare, file, prosecute, maintain and defend all Licensee Solely-Owned Arising Patents, including in connection with any related interference, re-issuance, re-examination and opposition proceedings, at Licensee’s sole cost and expense, using counsel of its own choice.
Patent Prosecution & Maintenance. Each party shall control all aspects of filing, prosecuting, and maintaining its Patents, including foreign filings and Patent Cooperation Treaty filings. Each Party shall notify the other party of all information received by it relating to the filing, prosecution and maintenance of Patents, including any lapse, revocation, surrender, invalidation or abandonment of any of its Patents. AVECOR shall, at its own expense, perform all actions and execute or cause to be executed all documents necessary to support such filing, prosecution, or maintenance of both the MC3 and AVECOR Patents..
