Patent Prosecution, Maintenance and Enforcement. (a) COH shall be responsible for the preparation, filing, prosecution, and maintenance of all Background Patents, using counsel of its choice. COH will timely provide Licensee with copies of all relevant documentation relating to such prosecution and periodically update Exhibit 2 to include current information regarding the Background Patents, and Licensee shall keep such information confidential. COH’s counsel shall take instructions only from COH. All patents and patent applications in Background Patents and Core Patents, to the extent one or more inventors have the obligation to assign to COH, shall be assigned by such inventors to COH.
(b) COH will not unreasonably refuse to amend any patent application in the Background Patents to include claims reasonably requested by Licensee to protect the products contemplated to be sold by Licensee under this Agreement.
(c) As of the Option Effective Date, Licensee shall have the right to assume preparation, filing, prosecution, and maintenance of all Core Patents in the name of COH at Licensee’s own expense, using Licensee counsel reasonably acceptable to COH, solely for as long as Licensee maintains exclusivity with respect to the Core Patents in the Unrestricted Field. In the event of a License Conversion pursuant to Section 2.2.2
(a) hereof where Licensee does not maintain exclusivity with respect to the Core Patents in the Unrestricted Field, Licensee shall take all actions reasonably requested by COH to enable COH to prepare, file, prosecute, and maintain all Core Patents, on its own behalf using counsel of COH’s choice; provided, that the Cooperation Provisions of Section 7.1(d) shall apply to COH cooperating with Licensee, mutatis mutandis, including without limitation that COH will timely provide Licensee with copies of all relevant documentation relating to such prosecution and Licensee shall keep such information confidential, and that COH’s counsel shall reasonably consider comments from Licensee, but take ultimate instructions only from COH.
(d) Promptly following the end of each calendar quarter or upon request of COH, Licensee will provide COH with an update and details regarding the filing, prosecution and maintenance status of each Core Patent. Licensee shall provide COH with drafts of all proposed filings (including, without limitation, the initial application as well as any material correspondence related to any filings) in a manner that allows COH a reasonable opportunity to review and comment...
Patent Prosecution, Maintenance and Enforcement. Genentech shall be solely responsible, at its sole discretion and expense, for the prosecution, defense, and maintenance of Licensed Patents, and for enforcing Licensed Patents against actual or suspected Third Party infringers.
Patent Prosecution, Maintenance and Enforcement. Provisions regarding the Prosecution and Maintenance of Patents, and enforcement of Patents, are set forth in Exhibit J.
Patent Prosecution, Maintenance and Enforcement. As between the Parties, Pieris shall be solely responsible, at its sole discretion and expense, for the prosecution, defense, and maintenance of Platform Patents. Licensee shall not be permitted to enforce the Platform Patents without the written consent of Pieris, which may be withheld for any reason.
Patent Prosecution, Maintenance and Enforcement. 7.1 Omeros as sole owner of the Assigned IP shall have the sole right, at its sole discretion and expense, to file, prosecute, maintain and enforce the patents and patent applications within the Assigned IP. Any litigation or other enforcement action undertaken by Omeros to enforce the Assigned IP against infringing third parties shall be undertaken at Omeros’ sole discretion and risk, and any resulting award, judgment, settlement or damages collected shall belong solely to Omeros without duty to account to or share with Xx.
Patent Prosecution, Maintenance and Enforcement. 7.1.1 NanoMab shall be responsible for the filing of the first patent application for each of the Licensed Composition (a), (b), and (c). After such a first patent application has been filed, Licensee shall be responsible for the preparation, filing, prosecution, and maintenance of all Licensed Patents and will timely provide to NanoMab copies of all relevant documentation relating to such prosecution and Licensee shall otherwise keep such information confidential. Licensee’s counsel shall take instructions only from Licensee and such patent counsel shall be instructed to (i) copy NanoMab on patent prosecution documents that are received from or filed with the United States Patent and Trademark Office and foreign equivalent; (ii) provide NanoMab with copies of draft submissions to the USPTO (or foreign equivalent) prior to filing; and (iii) give reasonable consideration to the comments and requests of NanoMab or its patent counsel. All patents and patent applications in Licensed Patents, to the extent assignable in whole or in part to NanoMab, shall be assigned to NanoMab. In the interest of clarity, any new patent applications filed or issued patents obtained that have a priority date which is the same priority date as for any of the Licensed Patent, shall be assigned to NanoMab, and shall be considered Licensed Patents.
7.1.2 Licensee will not unreasonably refuse to amend any patent application in Licensed Patents to include claims reasonably requested by NanoMab to protect the products contemplated to be sold by Licensee under this Agreement. On a country-by-country and patent-by- patent basis, Licensee may elect to surrender any patent or patent application in Licensed Patents in any country upon sixty (60) days advance written notice to NanoMab. Such notice shall relieve Licensee from the obligation to manage the prosecution and maintenance of the patent to which its notice relates or to pay for future patent costs but shall not relieve Licensee from responsibility to pay patent costs incurred prior to the expiration of the sixty (60) day notice period. Such U.S. or foreign patent application or patent shall thereupon cease to be a Licensed Patent hereunder, Licensee shall have no further rights therein and NanoMab shall be free to license its rights to that particular U.S. or foreign patent application or patent to any other party on any terms.
7.1.3 Each Party shall promptly provide written notice to the other in the event it becomes aware of any ac...
Patent Prosecution, Maintenance and Enforcement. 10.1 For each patent application and patent under the Licensed Patents Rights, Akriveia shall: (a) prepare, file, and prosecute such patent application; (b) maintain such patent; (c) [**]; (d) keep WuXi informed of the filing and progress of all material aspects of the prosecution of such patent application and the issuance of patents from any such patent application; (e) permit WuXi to [**] with respect to the preparation, filings and prosecution of Licensed Patent Rights; (f) [**] with WuXi concerning any decisions which [**] of such patent application or patent; and (g) notify WuXi in writing of [**] in the status of such patent or patent application.
10.2 A Party receiving notice of alleged infringement of any of the Licensed Patent Rights in the Licensed Territory shall promptly provide written notice to the other Party of the alleged infringement. Akriveia shall have first right to bring suit and control the conduct thereof, including settlement, to stop infringement of any Licensed Patent Rights, as determined by Akriveia. If Akriveia does not commence a particular infringement action [**], WuXi, after notifying Akriveia in writing, shall be entitled to bring such infringement action at its own expense. The party conducting such action shall have full control over its conduct. In any event, Akriveia and WuXi shall [**] in any such litigation [**].
Patent Prosecution, Maintenance and Enforcement. 8.1 Chiron shall have the right and obligation to prepare, file and maintain the Chiron Patents in the United States and the countries listed in the PCT Patent Applications Schedule, and, if applicable, in such other countries as Chiron may elect. Chiron shall use reasonable efforts to prosecute and maintain the Chiron Patents. PanGenetics shall, at its cost and expense, cooperate fully in such effort, including providing documentary support from de Boer if necessary. Chiron shall keep PanGenetics informed as to the status of such patent applications and provide to PanGenetics, upon PanGenetics' written request, all relevant information relating to such applications.
8.2 PanGenetics shall, at its cost and expense, prepare, file and maintain patent application(s) claiming the PanGenetics Technology in the United States and all of the countries listed in the PCT Patent Application Schedule attached as Exhibit 2, and such other countries as the parties mutually agree. PanGenetics shall use diligent efforts toward the prosecution and maintenance of the PanGenetics Patents. Chiron shall undertake reasonable cooperation in such effort. In the event that PanGenetics files, prepares or otherwise prosecute patents relating to any patentable improvements relating to the humanization of Anti-CD40 Mabs and fragments thereof capable of binding the Human CD40 Molecule, or files, prepares or otherwise prosecutes any other improvements related to subject matter claimed by the Chiron Patents, PanGenetics shall grant to Chiron an option to obtain a license to the de Boer Rights, which license shall be of such scope and upon such terms and conditions as the parties may mutually agree.
8.3 Each party shall promptly notify the other if any legal proceedings are commenced or threatened against either party or any purchaser of the Licensed Products sold by either party on the ground that the manufacture, possession, use, or sale of the Licensed Products is an infringement of a third party's patent or other intellectual property rights. Each party shall, at its own expense, conduct all suits brought against it as a result of the exercise of the rights granted hereunder, and the other party shall, at the request and expense of the party conducting such suit, give all reasonable assistance in any such proceedings.
8.4 The preparation, filing and prosecution of patent application(s) relating to any Joint Technology, if any, and the maintenance and prosecution of any patent(s) result...
Patent Prosecution, Maintenance and Enforcement. Agreement IP. As between the Parties, Company shall have the sole and exclusive right, at its expense and in its sole discretion, to file, prosecute and maintain all patent applications and patents relating to, and to bring and control any action or proceeding with respect to alleged or threatened infringement of, the Agreement IP.
Patent Prosecution, Maintenance and Enforcement. Journey shall have the sole right and responsibility for filing, prosecuting (including in connection with any reexaminations, oppositions and the like), maintaining and enforcing the Patent Rights in the Territory in Journey’s name and at Journey’s own cost and expense. Upon Xxxxxx’s request, Journey shall use Commercially Reasonable Efforts to obtain up to five (5) years of patent term extension for the Patent Rights in the Territory.
