PATENTS; PROSECUTION AND LITIGATION. (a) Corixa shall have the right and the obligation to prosecute and maintain all Corixa Patents and Joint Research Program Patents and shall do so in a timely manner. Corixa shall disclose to SB the complete texts of all patents and patent applications filed by Corixa which relate to any Product (including Corixa Patents and Joint Research Program Patents) as well as all information received concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving any patent licensed herein anywhere in the Territory. SB shall have the right to review all such pending applications and other proceedings and make recommendations to Corixa concerning them and their conduct. Corixa agrees to keep SB promptly and fully informed of the course of patent prosecution or other proceedings including by providing SB with copies of substantive communications, search reports and Third Party observations submitted to or received from patent offices throughout the Territory. Corixa shall provide such patent consultation to SB at no cost to SB. SB shall hold all information disclosed to it under this Section as confidential. SB shall reimburse Corixa for all reasonable and documented costs incurred by Corixa prior to the Effective Date in connection with the filing, prosecution and maintenance of the Corixa Patents and for all reasonable and documented costs incurred by Corixa during the term of this Agreement in connection with the filing, prosecution and maintenance of the Corixa Patents and/or the Joint Research Program Patents up to an amount of [***] per year. Any costs incurred by Corixa in connection with the filing, prosecution and maintenance of Corixa Patents and/or Joint Research Program Patents in excess of said [***] shall be reimbursed by SB to Corixa only if they have been specifically approved and authorized by the Joint Research Team, in its reasonable discretion, and if they are reasonable and documented. In determining whether to approve such additional expenses, the Joint Research Team shall apply reasonable standards taking into consideration the norms of the biotech industry in general.
PATENTS; PROSECUTION AND LITIGATION. (a) Corixa shall have the right to prosecute and maintain all Corixa Patents and Joint Research Program Patents and shall do so in a timely manner. Corixa shall disclose to SB the complete texts of all patents and patent applications filed by Corixa which relate to any Product (including Corixa Patents) as well as all information received concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving any patent licensed herein anywhere in the Subterritory A. SB shall have the right to review all such pending applications and other proceedings and make recommendations to Corixa concerning them and their conduct. Corixa agrees to keep SB promptly and fully informed of the course of patent prosecution or other proceedings including by providing SB with copies of substantive communications, search reports and third party observations submitted to or received from patent offices throughout Subterritory A. Corixa shall provide such patent consultation to SB at no cost to SB. SB shall hold all information disclosed to it under this section as confidential.
PATENTS; PROSECUTION AND LITIGATION. 13 13. CONFIDENTIALITY; PUBLICITY; PUBLICATIONS..............................................14 14. GOVERNING LAW; ARBITRATION............................................................15 15. MISCELLANEOUS.........................................................................15
PATENTS; PROSECUTION AND LITIGATION. 12.1 Corixa shall have the right [***]* to prosecute and maintain all Corixa Patents and Joint Research Program Patents [***]*. Corixa shall disclose to Zambon [***]*. ---------- *[***] indicates confidential treatment for omitted text has been requested. Zambon shall have the right [***]*. Corixa agrees to keep Zambon [***]* informed of [***]*. Corixa shall provide such patent consultation [***]*. Zambon shall hold all information disclosed to it under this Section as confidential in accordance with Section 13. Zambon shall reimburse Corixa [***]*. All expenses reimbursed by Zambon pursuant to this Section shall be obligations that are separate and apart from other payment obligations described in this Agreement and shall be invoiced and paid separately, with no right of offset.
PATENTS; PROSECUTION AND LITIGATION. 11.1 Corixa shall have the [*] to prosecute and maintain all Corixa Patents and Joint Patents as provided in this Section 11 and shall do so in a timely manner. Corixa shall disclose [*] to ZKC the complete texts of all Corixa Patents and Joint Patents as well as all information received concerning the institution or possible institution of any [*] involving any patent licensed herein. Corixa agrees to keep ZKC [*] informed of the course of patent prosecution or other proceedings including by providing ZKC with copies of [*] submitted to or received from patent offices. ZKC shall have the right to review all such [*] and make recommendations to Corixa concerning them and their conduct in the Territory. ZKC shall hold all information disclosed to it under this Section 11 as confidential information under Section 12. ZKC shall reimburse ---------- * Confidential Treatment Requested Corixa for all [*] costs for the filing, prosecution and maintenance of the Corixa Patents and Joint Patents in the Licensed Field in the Territory that [*] and [*] costs for the filing, prosecution and maintenance of the Corixa Patents and Joint Patents in the Licensed Field incurred by Corixa during the term of this Agreement in the Territory that [*]. The amount payable by ZKC on the Effective Date for such prior costs shall be [*]. All expenses to be paid or reimbursed by ZKC pursuant to this Section shall be obligations that are separate and apart from other payment obligations described in this Agreement and shall be invoiced and paid separately. In the event Corixa [*]), Corixa shall [*]. In addition, in the event Corixa [*], Corixa shall [*].
PATENTS; PROSECUTION AND LITIGATION. 11.1 Subject to the terms and conditions of this Agreement, Corixa shall control and be responsible for protecting, preparing, filing, prosecuting and maintaining all Corixa Patents and ---------- [*] Confidential treatment requested.
PATENTS; PROSECUTION AND LITIGATION. 12.1 Corixa shall have the right [***]* to prosecute and maintain all Corixa Patents and Joint Research Program Patents as provided in this Section 12 [***]*. Corixa shall [***]*. JT shall have the right [***]*. Corixa agrees to keep JT [***]*. JT shall hold all information disclosed to it under this Section as confidential information under Section 13. For the avoidance of doubt, as previously set forth in Section 8.1(b) hereof, JT shall reimburse Corixa for all reasonable and documented costs incurred by Corixa prior to the Effective Date in connection with the filing, prosecution and maintenance of the Corixa Patents in the amount of [***]*, payable [***]* the Effective Date. Corixa shall [***]*. JT shall [***]*. All expenses reimbursed by JT pursuant to this Section shall be obligations that are separate and apart from other payment obligations described in this Agreement and shall be invoiced and paid separately, with no right of offset.
PATENTS; PROSECUTION AND LITIGATION. 7.1 As between the parties, Corixa shall have complete control and discretion regarding any prosecution or maintenance of the Corixa Patents outside of Japan. Corixa shall have the first right (but no obligation) to prosecute and maintain all Licensed Patents in Japan as provided in this Section 7. If Corixa elects not to maintain or prosecute the Licensed Patents in Japan, JT may elect to do so at JT's sole expense to the extent necessary to protect its rights hereunder. Each party agrees to keep the other party promptly and fully informed of the course of patent prosecution or other proceedings relating to the Licensed Patents in Japan, including by providing the other party with copies of substantive communications, search reports and Third Party observations submitted to or received from patent offices. Each party shall hold all information disclosed to it under this Section as confidential information under Section 8. JT shall reimburse Corixa for all reasonable and documented costs incurred by Corixa in connection with the filing, prosecution and maintenance of the Licensed Patents in Japan, including (i) [*] of such cost for international patent application(s) (i.e., PCT); and (ii) [*] of such cost for transferring such international patent application(s) to the national stage in Japan, payable within [*] following a request for reimbursement from Corixa; provided however, in the event that antigens other than the [*] Antigen are claimed in a Licensed Patent, JT shall reimburse Corixa the amount equal to [*] of the aggregate amount of such costs related to such Licensed Patent. Except as otherwise provided in this Agreement, Corixa shall be responsible for all costs and expenses in connection with all Corixa Patents, including the Corixa Patents, outside of Japan. All expenses reimbursed by JT pursuant to this Section shall be obligations that are separate and apart from other payment obligations described in this Agreement and shall be invoiced and paid separately, with no right of offset. Notwithstanding anything herein to the contrary, JT shall not be responsible for any patent costs incurred under the Initial Agreement after November 3, 2002 ----------------------------------- * Confidential treatment requested. and Corixa shall be responsible for all such costs incurred beginning November 4, 2002 through and including December 18, 2002.
PATENTS; PROSECUTION AND LITIGATION. 36 11.1 Filing, Prosecution and Maintenance.........................................36 11.2 Defense.....................................................................38 11.3 Enforcement.................................................................39
PATENTS; PROSECUTION AND LITIGATION. 11.1 Subject to the terms and conditions of this Agreement, Corixa shall control and be responsible for protecting, preparing, filing, prosecuting and maintaining all Corixa Patents and Joint Patents as provided in this Section 11 and shall do so using [***] efforts and in a timely manner, provided that Medicis shall have an opportunity to review and comment on all such matters. With respect to Joint Patents, patent counsel reasonably acceptable to Medicis shall be utilized. Corixa shall promptly disclose in writing to Medicis the complete texts of all Corixa Patents and Joint Patents as well as all information received concerning any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving any patent licensed herein. Corixa agrees to keep Medicis promptly and fully informed of the course of patent prosecution or other proceedings including by providing Medicis with copies of substantive communications, search reports and Third Party observations submitted to or received from patent offices. Medicis shall have the right to review all such pending applications, patents, substantive communications and other proceedings and make recommendations to Corixa concerning them and their conduct in the Territory. Corixa shall consider in good faith Medicis’ recommendations relating to such pending applications, patents, substantive communications and other proceedings and, with respect to Joint Patents, shall adopt and otherwise incorporate all such reasonable recommendations. Corixa and Medicis each shall treat all information disclosed to it by the other party under this Section 11 in accordance with Section 12. [***] in connection with the filing, prosecution and maintenance of the Corixa Patents and Joint Patents in the Licensed Field in the Territory during the term of this Agreement, and if Corixa determines [***]. All expenses to be paid or reimbursed [***] pursuant to this Section 11 shall be obligations that are separate and apart from other payment obligations described in this Agreement and shall be invoiced and paid separately.
