Patents and Infringement Sample Clauses
Patents and Infringement. 7.1 After the Agreement Date, LICENSEE agrees to pay all costs, incident to the United States and foreign applications, patents and like protection, including all costs incurred for filing, prosecution, issuance and maintenance fees as well as any costs incurred in filling continuations, continuations-in-part, divisionals or related applications and any re-examination or reissue proceedings.
7.2 In the event that LICENSEE decides not to continue prosecution of a patent application to issuance or maintain any United States or foreign patent application or patent on technology within the Patent Rights, LICENSEE shall timely notify the College in writing in order that the College may file United States and said foreign applications and continue said prosecution or maintenance of such patent applications at its own expense. XXXXXXXX's right under this Agreement to practice the invention under this patent shall immediately terminate upon the College's assuming said costs. If LICENSEE fails to notify the College in sufficient time for the College to assume the cost, LICENSEE shall be considered in default of this Agreement.
7.3 LICENSEE agrees to keep the College fully informed, at LICENSEE's expense, of prosecutions pursuant to this Section 7 including submitting to the College copies of all official actions and responses thereto; provided, however, the College shall be responsible for any of its expenses including attorney's fees that the College incurs in reviewing and commenting on the information the College received from the LICENSEE. LICENSEE shall consult the College regarding any abandonment of the prosecution of the patents.
7.4 The College agrees to reasonably cooperate with LICENSEE to whatever extent is reasonably necessary to procure patent protection of any rights, including fully agreeing to execute any and all documents to provide LICENSEE the full benefit of the licenses granted herein.
7.5 Each Party shall promptly inform the other of any suspected infringement of any claims in the Patent Rights or misuse, misappropriation, theft or breach of confidence of other proprietary rights in the Subject Technology by a third party, and with respect to such activities as are suspected, LICENSEE shall have the right, but not the obligation, to institute an action for infringement, misuse, misappropriation, theft or breach of confidence of the proprietary rights against such third party. If LICENSEE fails to bring such an action or proceeding within a pe...
Patents and Infringement. 8.1 Subsequent to the EFFECTIVE DATE, LICENSORS shall continue to have responsibility, at their shared expense, for filing, prosecuting and maintaining their jointly owned patent applications in the USPTO on TECHNOLOGY; DUKE shall continue to have responsibility, at its own expense, for filing, prosecuting and maintaining its solely owned patent applications in the USPTO on DUKE TECHNOLOGY; and MVP shall continue to have responsibility, at its own expense, for filing, prosecuting and maintaining its solely owned patent applications in the USPTO on MVP TECHNOLOGY. LICENSORS shall keep LICENSEE advised as to the prosecution of such applications by forwarding to LICENSEE copies of all official correspondence relating thereto, and shall give LICENSEE an opportunity to comment on all applications, responses to Office Actions, Declarations and other papers before they are filed with the USPTO, and shall consult with LICENSEE concerning the scope of allowed claims before paying any issue fee.
8.2 LICENSEE agrees to cooperate with the LICENSORS in the prosecution of the U.S. patent applications to ensure that the applications reflect, to the best of LICENSEE’s knowledge, all items of commercial and technical interest and importance.
8.3 LICENSORS shall seek patent protection in Europe (including the United Kingdom), Japan and such other countries as LICENSEE may designate, and LICENSEE shall reimburse LICENSORS within thirty (30) days for their reasonable, out-of-pocket costs associated with obtaining such protection; provided, however, that the prosecution of such applications shall be at the direction of LICENSEE and LICENSEE may elect to prosecute such applications itself or have them prosecuted through LICENSEE’s agents.
(a) Regardless of whether LICENSORS or LICENSEE prosecute(s) such application, the resultant patents shall be owned by LICENSORS.
(b) LICENSORS may elect to seek patent protection in countries not designated by LICENSEE, in which case LICENSORS shall be responsible for all expenses attendant thereto.
(c) In the event that LICENSEE elects to prosecute foreign patent applications itself, LICENSORS will be kept informed, will have an opportunity to comment, and shall have the right to approve such applications, which approval will not be unreasonably withheld.
(d) If LICENSEE decides to abandon or not pursue any application, LICENSEE shall notify LICENSORS in a timely manner so that LICENSORS can decide whether or not to assume the prosecution.
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Patents and Infringement. 6.1 RESPONSIBILITY FOR JOINT PATENT RIGHTS. Company shall have primary responsibility, at Company's expense, for the preparation, filing, prosecution, and maintenance of all Joint Patent Rights (except as otherwise agreed in writing by University and by UC), using patent counsel selected by Company. Company shall consult with University as to the preparation, filing, prosecution, and maintenance of all such Joint Patent Rights reasonably prior to any deadline or action with the U.S. Patent & Trademark Office or any foreign patent office (a "Patent Office") and shall furnish University with copies of all relevant documents reasonably in advance of such consultation. Responsibility for any patent rights covered by the UMMC Cases shall be determined in accordance with Section 6.2 below.
Patents and Infringement. VIII. Confidentiality....................................................................
Patents and Infringement. SUPPLIER shall prosecute diligently each application for United States patent which is now or hereafter pending covering some one or more of the Products and on issuance diligently prosecute each infringer thereof. SUPPLIER shall repurchase from DISTRIBUTOR, at a price equivalent to the full purchase price paid by DISTRIBUTOR, any quantity of Products in DISTRIBUTOR's inventory which DISTRIBUTOR reasonably believes it should not or cannot sell, based on an opinion of DISTRIBUTOR's counsel that future sales by DISTRIBUTOR may result in patent, trade name, trademark, service xxxx, copyright or trademark infringement, or violation of any other proprietary right, or because of a decision, whether interlocutory or final, rendered in an action alleging any such infringement or violation.
Patents and Infringement. SUPPLIER shall: (1) prosecute diligently each application for United States and Canadian patent which is now or hereafter pending covering any of the Products and on issuance diligently prosecute each infringer thereof; and (2) repurchase from DISTRIBUTOR, at a price equal to the full purchase price paid by DISTRIBUTOR, any Products in DISTRIBUTOR’s inventory which DISTRIBUTOR reasonably believes it should not or cannot sell, based on an opinion of DISTRIBUTOR’s counsel that future sales by DISTRIBUTOR may result in a claim of patent, trade name, trade dress, trademark, service xxxx or copyright infringement, or violation of any other proprietary right, or because of a decision, whether interlocutory or final, rendered in an action alleging any such infringement or violation.
Patents and Infringement. (1) If any infringement comes to the attention of CIMYM, CIMYM shall promptly notify CIMAB in writing. If any infringement comes to the attention of CIMAB or CIM, CIMAB shall promptly notify CIMYM in writing. CIMYM shall take such steps, as it may consider advisable against that infringement for the protection of CIMAB, CIM and CIMYM rights in the Territory. CIMYM shall have exclusive carriage and control of any action for infringement, and may settle any of such actions without the consent of CIMAB or CIM. CIMYM shall assume the cost of any such action in the Territory. CIMYM may delegate the carriage and control of any such action to an Affiliated Company or to a sub-licensee, provided CIMYM obtains the written consent of CIMAB, such consent not to be withheld unreasonably.
(2) If any actual or potential claim against CIMAB, CIM or CIMYM relating to the Product comes to the attention of CIMYM, CIMYM shall promptly notify CIMAB in writing. If any actual or potential claim against CIMAB, CIM or CIMYM relating to the Product comes to the attention of CIMAB or CIM, CIMAB shall promptly notify CIMYM in writing. CIMYM shall have exclusive carriage and control of any action brought against CIMAB, CIM or CIMYM arising out of CIMYM's use of the Technology, or arising out of the Manufacturing, Finishing or Marketing, or any sale or offer of sale of the Product in any country in the Territory, and may settle any such action without the consent of CIMAB or CIM, CIMYM may delegate the carriage and control of any such action to an Affiliated Company or to a sub-licensee provided CIMYM obtains the written consent of CIMAB, such consent not to be withheld unreasonably.
(3) CIMYM shall assume the expense for the filing, prosecution and maintenance of all Patents in all countries in the Territory. CIMAB shall consult with -CIMYM in making any significant decisions in the filing, prosecution and maintenance of the Patents.
Patents and Infringement. (a) NEWCO shall continue at NEWCO's expense, except as otherwise provided herein, the efforts of HARVARD and/or ION commenced prior to the Sub-License Agreement Date to obtain patents (or reissues, renewals, divisions, extensions or continuations thereof) on the applications in the United States and on any issued patents and patent applications in such foreign countries as are the subject of foreign counterpart prosecution on the Sub-License Agreement Date. NEWCO and ION may jointly elect to file and obtain patent and other suitable forms of protection of the Sublicensed Technology in any country at NEWCO's expense.
(b) In the event that NEWCO elects not to pay or to cease paying for prosecution and maintenance associated with any of the Harvard Patent Rights, then such patent, patent application, or patent issuing therefrom shall not be included as part of the sub-license rights granted to NEWCO pursuant to this Sub-License Agreement and NEWCO shall assign its ownership interest in any such patent or patent application in Patent Rights to ION. NEWCO agrees to execute whatever formal assignment documents are required to assign such patent or patent application in Patent Rights back to ION. In the event that NEWCO fails to pay for prosecution costs associated with activities that have been jointly agreed to in Paragraph 6.1 of this Sub-License Agreement, ION may within seven days written notice to NEWCO, pay the amounts and NEWCO shall be liable to pay ION for the prosecution costs. In the event NEWCO fails to provide evidence to ION of payment of maintenance costs associated with any of the Harvard Patent Rights which have been jointly agreed to in Paragraph 6.1 of this Sub-license Agreement prior to sixty (60) days in advance of a deadline upon which intellectual property rights would be irretrievably lost, ION may within seven (7) days written notice to NEWCO, pay the amounts and NEWCO shall be liable to pay ION for the maintenance costs.
(c) The decision with regard to selection of patent counsel and any decisions with respect to filing, prosecution, issuance and maintenance of any patent applications and patents relating to the Sublicensed Technology shall be made jointly by NEWCO and ION. Both NEWCO and ION must simultaneously receive copies of all correspondence, draft responses and filings for each party's review and approval.
(d) ION shall cooperate fully with NEWCO, and shall endeavor to secure the cooperation of HARVARD in preparation, filing, an...
Patents and Infringement. 7.1 Included within the Research Contract referred to in the Master License will be the details of the costs and expenses related to the filing, prosecution and maintenance of United States and foreign patent applications with respect to the Licensed Technology and such responsibility to pay for these costs will not be transferred to Sublicensee hereunder. Sublicensee reserves the right to complete such protection mechanisms for the Licensed Technology as it may determine to be appropriate to protect the intellectual property rights of the Licensed Technology.
7.2 If it is believed in good faith that the Patent Rights or other intellectual property rights relating to the Licensed Technology are being infringed by a third party, the party to this Agreement first having knowledge of such infringement shall promptly notify the other in writing, which notice shall set forth the facts of such infringement in reasonable detail. Licensee shall have the right, but not the obligation, to institute and prosecute at its own expense any such infringement of the Patent Rights or other intellectual property rights. If Licensee fails to bring such action or proceedings within a period of three (3) months, after receiving written notice or otherwise having knowledge of such infringement, then Sublicensee shall have the right, but not the obligation, to institute and prosecute at its own expense any such infringement of the Patent Rights or other intellectual property rights. Recovery of damages and costs in such suit shall be apportioned as follows: The party bringing the suit shall first recover an amount equal to two (2) times the cost and expense incurred by such party directly related to the prosecution of such action and the remainder shall be divided equally between MedQuest and HLI.
Patents and Infringement. UM will prepare, file, and prosecute Patent(s), including Improvements in the United States. In the event of Improvements UM may also prepare, file, and prosecute international applications under the Patent Cooperation Treaty. Licensee will specify in writing to UM the foreign countries in which patent applications for Improvements are to be filed and prosecuted. UM will notify Licensee ninety (90) days in advance of a national stage filing deadline, and Licensee will specify such additional countries no later than thirty (30) days before the national stage filing deadline for the pertinent patent application.