Program Intellectual Property. This attachment will serve as the listing of Program Intellectual property as described in the ‘definitions’ section of the Development and Supply Agreement. This attachment shall be amended from time-to-time to include new Program Intellectual Property, in accordance with Section 5.3 of the agreement. QUALITY ELECTRODYNAMICS, LLC VIEWRAY INCORPORATED By: /s/ Xxxxxxxx Xxxxxx By: /s/ Xxxxxxx X. Xxxxx Xxxxxxxx Xxxxxx, Ph.D., Xxxxxxx X. Xxxxx, MD, PhD, President & Chief Executive Officer Chief Executive Officer [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Title: ViewRay [***] Requirements RQ-0004 Page 1 of 2 Rev. date: 07/14/09 Issue date: 7/22/09 Effective date: 7/22/09 Approved by/date: 7/21/09 [***] Author Approved by/date: 7/21/09 [***] Author’s Supervisor
Program Intellectual Property. This attachment will serve as the listing of Program Intellectual property as described in the ‘definitions’ section of the Development and Supply Agreement. This attachment shall be amended from time-to-time to include new Program Intellectual Property, in accordance with Section 5.3 of the agreement. QUALITY ELECTRODYNAMICS, LLC VIEWRAY INCORPORATED By: /s/ Xxxxxxxx Xxxxxx By: /s/ Xxxxxxx X. Xxxxx Xxxxxxxx Xxxxxx, Ph.D., Xxxxxxx X. Xxxxx, MD, PhD, President & Chief Executive Officer Chief Executive Officer
Program Intellectual Property. Genethon hereby grants to Audentes an exclusive (including as to Genethon), royalty-free, fully paid-up, worldwide, sublicenseable license under Genethon’s interest in any Program Intellectual Property for the purpose of making, using, importing, selling, offering for sale and otherwise discovering, researching, developing or commercializing Products.
Program Intellectual Property. Any and all Program Intellectual Property shall be owned jointly by the Parties, and, subject to the license granted to Audentes under Section 4.2, each Party shall be free to exploit any such Program Intellectual Property. Subject to the license granted to Audentes under Section 4.2, neither Party shall have any obligation to account to the other for profits, or to obtain any approval of the other Party to license out or exploit patented jointly-owned subject matter, by reason of joint ownership thereof, and each Party hereby waives any right it may have under the laws of any jurisdiction to require any such consent or accounting, and further agrees to execute any documents and instruments as may be required under such laws in order to permit the other Party to exploit its rights in any Program Intellectual Property in accordance with this Section 8.1(b).
Program Intellectual Property. GSK will own all right, title and interest in and to the Program Intellectual Property , including any intellectual property rights appurtenant thereto. ADVANCIS hereby assigns to GSK all its rights to and interest in Inventions within Program Intellectual Property made by ADVANCIS, its Affiliates or their Contractors engaged in the work performed pursuant to Sections 3.1 or Section 3.4(c), and will ensure that any agreements with Affiliates and Contractors include the assignment of such Inventions to ADVANCIS or directly to GSK. ADVANCIS will cooperate with GSK with respect to patent filing, prosecution and enforcement of such inventions within Program Intellectual Property.
Program Intellectual Property. Subject to the provisions of Section 2.10 (Patent Coordinators), Amgen will have the first right (but not the obligation) to control, through outside counsel, and have final decision making authority (after consultation with Partner in accordance with the terms and conditions of this Agreement) with respect to the Prosecution and Maintenance of the Patents and Product Trademarks within the Program Intellectual Property (the “Program Patents and Trademarks”), and with respect to preparation and filing for any
Program Intellectual Property. Subject to the provisions of Section 2.10 (Patent Coordinators), Amgen will have the first right (but not the obligation) to control, through outside counsel, and have final decision making authority (after consultation with Partner in accordance with the terms and conditions of this Agreement) with respect to the Prosecution and Maintenance of the Patents and Product Trademarks within the Program Intellectual Property (the “Program Patents and Trademarks”), and with respect to preparation and filing for any Patent Extensions. If Amgen desires to abandon the prosecution of a Program Patent or Trademark, then it will inform Partner thereof in writing with sufficient advance notice to reasonably enable Partner to assume the filing or prosecution of such Program Patent or Trademark (but in no event later than [*] days prior to the next deadline for any action that may be taken with respect such Program Patent or Trademark with the U.S. Patent and Trademark Office or any non-U.S. patent office) at Partner’s non-reimbursable cost.
Program Intellectual Property. (a) Sole IP. Each Party shall ***.
Program Intellectual Property. Title to and any interest in Program Intellectual Property described in clause (c) of the Program Intellectual Property definition shall be the sole and exclusive property of OGS and is included in the definition of OGS Know-How or OGS Patent Rights, as the case may be. Title to and any interest in Program Intellectual Property described in clause (a) of the Program Intellectual Property definition shall be the sole and exclusive property of NeoGenesis and is included in the definition of NeoGenesis Know-How or NeoGenesis Patent Rights, as the case may be. Title to and any interest in Program Intellectual Property described in clause (b) of the Program Intellectual Property definition shall be jointly held by OGS and NeoGenesis. Notwithstanding any of the foregoing, Program Intellectual Property, regardless of inventorship, shall be (i) the property of NeoGenesis if such Program Intellectual Property is directly related to NeoGenesis’ proprietary mass encoded NeoMorph compound library, ALB screening technology or QSCD; and (ii) the property of OGS if such Program Intellectual Property is directly related to the Targets or the uses thereof or to OGS’s functional or secondary assays, or to the Licensed Products.
Program Intellectual Property. If, pursuant to Section 5.5(b) of the BD/MPI Collaboration Agreement, (i) BD is either (A) the Responsible Party, or (B) the other Party when the Responsible Party has failed to institute an infringement suit or take other appropriate action within the time periods specified therein, and (ii) either (A) the Program Patent Right being infringed is a Newco Program Patent Right or a Newco/MPI Joint Program Patent Right or (B) the Program Know-How being used in an unauthorized manner is Newco Program Know-How or Newco/MPI Joint Program Know-How, then Newco may instruct BD to act as such Responsible Party or such other Party when the Responsible Party has failed to act, and BD's activities in any such suit or action under Section 5.5(b) of the BD/MPI Collaboration Agreement shall be in accordance with written instructions from Newco.
