Patents and Trade Secrets. 1. Executive shall promptly disclose and shall and hereby does assign and transfer to United Therapeutics all right, title and interest in and to any patentable or unpatentable inventions, discoveries, and ideas which are made or conceived in whole or in part by or on behalf of Executive in the course of or as a result of his employment hereunder, or that relate directly to, or involve the use of Confidential Information and the Work. In the event that Executive has any right in the work which cannot be assigned, Executive agrees to waive enforcement worldwide of such right against United Therapeutics, its successors, distributors, licensees and assigns or, if necessary, hereby grants a fully-paid up worldwide exclusive license to United Therapeutics with the right to sublicense and assign.
2. Executive shall timely assist United Therapeutics in the filing and prosecution of patent applications covering such inventions, discoveries or ideas and will promptly execute and furnish any and all documents as may be required to establish United Therapeutics’ sole and exclusive ownership thereof. Executive hereby grants United Therapeutics the exclusive right, and appoints United Therapeutics as Executive’s attorney-in-fact (such power of attorney being coupled with an interest therein) to execute and prosecute an application for domestic and/or foreign patent or other statutory protection, and Executive shall execute and deliver to United Therapeutics, without charge to United Therapeutics but at United Therapeutics’ expense, such other documents of registration and recordation, and do such other acts, such as give testimony in support of Executive’s inventorship, as may be necessary in the opinion of United Therapeutics to vest in United Therapeutics or any other party nominated by United Therapeutics, or otherwise to protect, the exclusive rights conveyed and/or granted to United Therapeutics pursuant to this Agreement.
3. In the event that United Therapeutics decides not to pursue patent protection for any discovery or creation made by Executive, and instead decides to protect the discovery or creation pursuant to the trade secret laws of any jurisdiction, such decision shall not be construed as a waiver of United Therapeutics’ rights pursuant to this Agreement. At United Therapeutics’ expense, Executive shall also take whatever steps are necessary to sustain United Therapeutics’ claim to such trade secrets, including but not limited to: (i) maintaining the co...
Patents and Trade Secrets. Any actual or alleged infringement or misappropriation of any patent or the disclosure of any trade secrets;
Patents and Trade Secrets. 12.1 Any Invention conceived or reduced to practice solely by Palomar employees or anyone working with Palomar other than Coherent in the performance of any Development Project, shall be owned by Palomar. Palomar shall promptly advise Coherent in writing of each Invention disclosed to Palomar. In the event of joint inventorship between Coherent and Palomar employees, the Invention will be deemed to be jointly owned. Patent applications for Inventions owned jointly by Palomar and Coherent shall be filed as mutually agreed upon by the parties, except that any such agreement must be reached on terms reasonably calculated to obtain such patents.
12.2 All patent costs pertaining to any Palomar Patent Rights, including preparation, filing, prosecution, issuance and maintenance costs, shall be borne by Palomar, except for Patent Rights owned jointly by the parties, which shall be shared equally, and which shall be reimbursed as incurred.
Patents and Trade Secrets. 14 INFRINGEMENT..................................................................15 INDEMNIFICATION...............................................................16
Patents and Trade Secrets. (i) To the best of Polycom's knowledge, Polycom owns all trade secrets, patents and copyrights necessary to manufacture, distribute, and sell Product, or possesses adequate licenses or other rights, if any, therefor (collectively, the "Polycom Proprietary Rights").
(ii) To the best of Polycom's knowledge at the time of incorporation into a Product, Polycom has the right to use the Polycom Proprietary Rights without infringing or violating the rights of any third parties. To the best of Polycom's knowledge at the time of incorporation into a Product, no claim has been asserted by any person to the ownership of, or right to use, any Polycom Proprietary Right or challenging or questioning the validity or effectiveness of any such license or agreement and Polycom knows of no valid basis for any such claim. To the best of Polycom's knowledge at the time of incorporation into a Product, each of the Polycom Proprietary Rights is valid and subsisting, has not been terminated and, if applicable, has been duly issued or filed. Polycom will maintain its interest in the Polycom Proprietary Rights throughout the term of this Agreement.
Patents and Trade Secrets. Contractor agrees that it will not at any time, either while engaged hereunder by the Buyer or afterwards, make any outside use of, or disclose to any other person or organization, except as authorized in writing by the Buyer, any information, whether patentable or not, regarding plans, programs, facilities, processes, products, costs, equipment, operations or customers which comes within the knowledge of Contractor in the performance of the Work. To the fullest extent permitted by law, Contractor shall fully indemnify, save harmless and defend the Buyer from and against any and all losses which the Buyer may hereafter
Patents and Trade Secrets. Contractor agrees that it will not at any time, either while engaged hereunder by the Buyer or afterwards, make any outside use of, or disclose to any other person or organization, except as authorized in writing by the Buyer, any information, whether patentable or not, regarding plans, programs, facilities, processes, products, costs, equipment, operations or customers which comes within the knowledge of Contractor in the performance of the Work. To the fullest extent permitted by law, Contractor shall fully indemnify, save harmless and defend the Buyer from and against any and all losses which the Buyer may hereafter suffer or pay by reason of any claims, suits or proceedings arising out of allegations of infringement of any domestic or foreign patent rights, licenses copyrights or other intellectual property, proprietary or confidentiality rights, with respect to materials equipment and information designed, procured or recommended by Contractor or by any subcontractor in performing the Work.
Patents and Trade Secrets. Contractor shall pay all royalties and license fees, defend all suits or claims for infringements of any patent rights and save Company harmless from loss on account thereof. Contractor shall not be responsible for all such loss when a particular design, process or the or the product of a particular manufacturer or manufacturers is specified in drawings or specifications provided by Company, but if Contractor has reason to believe that the design, process or product specified is an infringement of a patent, it shall be responsible for such loss unless such information is promptly given to Company. In the event Contractor creates and desires to publish, produce or use for itself or others, any writings, drawings, photographs or computer software which relates to the business or activities of the Company or which contains information received as a result of the work performed for Company by Contractor, a draft manuscript or printout must be provided to Company by Contractor prior to publication, production or use. Contractor also agrees that any manuscript, article, book, pamphlet, advertisement, drawing, photograph or computer software produced by Contractor in the course of performing this Agreement is to be deemed “work for hire” for which Company is entitled to all copyrights and other benefits thereunder. Contractor has identified on an attachment to this Agreement any inventions or discoveries which were conceived prior to the association of Contractor and Company, either wholly or in part, and which contractor wishes to exclude from this Agreement.
Patents and Trade Secrets. Individual faculty efforts are owned by the inventor. University supported efforts, whether works-for-hire or joint efforts, are owned by YSU in accord with state statute. Accordingly,
Patents and Trade Secrets. LICENSEE shall not claim, file for or otherwise acquire an interest in any patents or trade secrets for the ShakeAlert Materials. However, work performed by the LICENSEE by virtue of its use of the ShakeAlert Materials under this agreement may generate patentable materials and/or trade secrets of the LICENSEE. The LICENSEE grants to the Government a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced any invention made by LICENSEE by virtue of this Agreement, regardless of whether the invention is patented, claimed as a trade secret or otherwise proprietary to LICENSEE, throughout the world by or on behalf of the Government for research or other Government purposes. Any patent application filed for an invention conceived or reduced to practice in the performance of this Agreement shall contain the following statement: “This invention was created in the performance of an agreement with the U.S. Geological Survey, a bureau within the Department of Interior, which has certain rights in this invention.”
