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Product Patents Sample Clauses

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. 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. Quoin shall have the sole right to enforce the Product Patents in the Territory. In the event the Quoin exercises its right to xxx pursuant to this section, it shall first reimburse itself out of any sums recovered in such suit or in settlement thereof for all out of pocket costs and expenses of every kind and character, including reasonable attorney’s fees, relating to the prosecution of any such suit. If, after such reimbursement, any funds shall remain from said recovery, then any such recovery shall be paid over to Licensee by Quoin subject to Quoin's right to retain an amount pursuant to Section ‎5.1.1 in the event that the recovery was awarded in lieu of lost Net Sales of the Product in the Territory, and as to any additional award (such as special or punitive damages), Quoin shall retain 86% and shall pay to Licensee 14% of any such additional award. 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. As between Geron and AngioChem, Geron shall have the first right to assert the Product Patents, at its own sole cost and expense, using counsel of its choice, to xxxxx infringement within the Field, and to control the defense of any declaratory judgment action relating to Product Patents. Geron shall keep AngioChem informed of developments in any such action or proceeding, including consultation on any settlement, the status of any settlement negotiations and the terms of any offer related thereto. AngioChem shall cooperate fully in any such action, including, without limitation, being named as a party plaintiff as necessary, and will provide any information or assistance that Geron may reasonably request. In any such action, Geron shall not knowingly take any position adverse to the issuance or maintenance of any Technology Patent. Geron shall have the right to use counsel of its own choice in any such action, and shall bring the action at its own sole cost and expense. Any recovery from any such action shall (a) first be applied to Geron’s costs and expenses, and (b) then to AngioChem’s costs and expenses, and (c) any surplus shall then be treated as Net Sales, and shall be subject to a royalty obligation of * percent (*%).
Product PatentsIf during the Term, either Party believes any Product Patents are infringed by the activities of any Third Party, then such Party shall notify the other Party in writing. If such alleged infringement is in the Field, then Avidia shall have the initial right, but not the obligation, to notify the alleged infringer of the alleged infringement, and to initiate, prosecute and control any action with respect to such alleged infringement, by counsel of its own choice, to secure the cessation of the infringement or to bring suit against the alleged or threatened infringer. If Avidia fails to bring suit as it is permitted to within [****] days after receiving written notice from Maxygen of the alleged or threatened infringement, then Maxygen shall have the right, but not the obligation, to bring at Maxygen’s sole expense and in Maxygen’s sole control, suit against the alleged or threatened infringer; provided that such action is limited only to [****]. The non-enforcing Party shall participate and/or cooperate, at the request and expense of the enforcing Party, in any suit brought by the enforcing Party pursuant to this * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Section 6.2.1. The non-enforcing Party may participate, in its discretion and at its expense, in any suit brought by the enforcing Party pursuant to this Section 6.2.1.