Product Patents. Artiva shall have the first right, but not the obligation, at Artiva’s expense, to control the preparation, filing, prosecution (including any interferences, re-issue proceedings and re-examinations) and maintenance of the Product Patents in the Territory. Artiva shall keep GCLC reasonably informed of progress with regard to the preparation, filing, prosecution and maintenance of Product Patents in the Territory, including the countries in the Territory in which it intends to file, maintain or abandon a given Product Patent. Artiva will notify GCLC of all warning letters, conflict proceedings, re-examinations, re-issuance, oppositions, revocation proceedings or any other material challenge relating to a given Product Patent in the Territory. Artiva will consult with, and consider in good faith the requests and suggestions of, GCLC with respect to strategies for filing and prosecuting such Product Patents in the Territory. In the event that Artiva desires to abandon or cease prosecution or maintenance of any Product Patent in the Territory, Artiva shall provide reasonable prior written notice to GCLC of such intention (which notice shall, in any event, be given no later than [***] days prior to the next deadline for any action that may be taken with respect to such Product Patent in the Territory with the applicable patent office), and upon GCLC’s written election provided no later than [***] days after such notice from Artiva, Artiva shall continue prosecution or maintenance of such Product Patent at GCLC’s direction and expense. If GCLC does not provide such election within [***] days after such notice from Artiva, Artiva may continue prosecution and maintenance of such Product Patent in the Territory or discontinue prosecution and maintenance of such Product Patent in the Territory. GCLC shall have the sole right, but not the obligation, at GCLC’s expense, to control the preparation, filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of the Product Patents outside the Territory. GCLC shall keep Artiva reasonably informed of progress with regard to the preparation, filing, prosecution and maintenance of Product Patents outside the Territory to the extent such activities could affect the Product Patents in the Territory.
Product Patents. Quoin shall have the sole right to enforce the Product Patents in the Territory, and shall retain any damages or other amounts collected in connection therewith. Licensee will not take any actions that would challenge Quoin’s ownership in the Product Patents, or contest the validity of the Product Patents. Such actions would be considered a breach of the Agreement.
Product Patents. Artiva shall have the sole right, at its sole expense, to Prosecute and Maintain, defend and enforce any and all Patents that Cover an Artiva Product Invention (and not an Affimed Invention or Joint Collaboration Invention) (“Artiva Product Patents”). Affimed shall have the sole right, at its sole expense, to Prosecute and Maintain, defend and enforce any and all Patents that Cover an Affimed Invention (and not an Artiva Product Invention or Joint Collaboration Invention) (“Affimed Patents”). [***].
Product Patents. Denali shall be the Controlling Party with respect to any Product Patents worldwide. Unless agreed to by the Parties, Denali shall file the Product Patents in at least the countries and jurisdictions set forth in Schedule 9.2.1(c) and use Commercially Reasonable Efforts to [***]. Notwithstanding Section 9.2.3, [***].
Product Patents. Title of IP Filing No. (Date of filing) Registration No. (Date of Registration) Applicant
Product Patents. Jazz shall have the first right, but not the obligation, to prepare, file, prosecute, and maintain the Product Patents worldwide, at Jazz’s sole cost and expense using patent counsel approved by Werewolf, such approval not to be unreasonably withheld, conditioned or delayed. Jazz shall keep Werewolf fully informed of all steps with regard to the preparation, filing, prosecution, and maintenance of the Product Patents, and shall provide Werewolf with a copy of all material communications to and from the patent authorities regarding the Product Patents, including drafts of any filings or responses to be made to such patent authorities sufficiently in advance of submitting such filings or responses so as to allow Werewolf a reasonable opportunity to review and comment thereon. Jazz shall consider in good faith Werewolf’s requests and suggestions with respect to such drafts and with respect to strategies for filing and prosecuting the Product Patents. Notwithstanding the foregoing, [**]: (i) [**] Product Patent [**]a Product Patent, [**] or (ii) [**] Product Patent [**] Product Patent. If Jazz, during the Term, determines in its sole discretion to abandon or not maintain any of the Product Patents in the Territory, then Jazz shall provide Werewolf with prior written notice sufficiently in advance of any abandonment to enable Werewolf, at its sole discretion, to maintain such Product Patent and assume the prosecution, at its sole cost and expense, and on receipt of such notice, Jazz shall transfer such prosecution to Werewolf, provide all relevant documentation and perform all such actions as Werewolf may reasonably request to allow a complete and efficient transfer of such Product Patents.
Product Patents. As between Novartis and Voyager, Novartis will have the sole right, but no obligation, to take action to obtain a discontinuance of infringement or bring suit against a Third Party infringing or challenging the validity or enforceability of any Licensed Product Patent in the Territory, and any such litigation or steps will be at Novartis’s expense and all recoveries will be retained by Novartis.
Product Patents. (i) Jazz shall have the first right, but not the obligation, to enforce and defend worldwide under its control, and at its own expense, all Product Patents. Jazz shall allow Werewolf the right to comment on the general legal strategy to be taken in any such enforcement prior to Jazz commencing implementation of such legal strategy and will advise Werewolf of and allow Werewolf to comment on any material changes to the legal strategy before implementation of such changes.
(ii) If Jazz does not exercise commercially reasonable efforts to enforce or defend any such Infringement with respect to Product Patents (a) within [**] following the first notice provided to it pursuant to this Section 13.4(d), or (b) if earlier, [**] before the time limit, if any, set forth in appropriate laws and regulations for filing of such actions, then Werewolf may enforce such Product Patents at its own expense.
Product Patents. Licensee shall be registered as applicant, holder, or assignee (as the case may be) of any Product Patent(s). Licensee shall be responsible, at its expense and discretion, for the preparation, filing, prosecution, maintenance and defense of any Product Patent. Licensor shall cooperate with Licensee in obtaining patent protection for the Affibody® Ligand(s) and/or the Product Technology by furnishing available information and by procuring the signature of necessary documents by its employees.
Product Patents. The Parties acknowledge that under the MedImmune License, MedImmune retains the sole right, but not the obligation, to defend and control the defense of the validity and enforceability of the AstraZeneca Product Patents its sole cost and expense, using counsel of its own choice, including when such invalidity or unenforceability is raised as a defense or counterclaim in connection with an Infringement action initiated pursuant to Section 6.3.
