Property of Amedica. Amedica shall have the sole and exclusive right, even as to Xxxxxxx, to prepare, file, prosecute, obtain and maintain any and all patents and patent applications claiming any Devices. All Devices shall be the sole and exclusive property of Amedica and, subject to payment pursuant to the provisions of Section 3 hereof, Xxxxxxx hereby assigns to Amedica all of his right, title and interest in and to all of the Devices. Xxxxxxx further agrees to use his best efforts to ensure that no Devices will violate or infringe upon any right, patent, copyright, trademark or right of privacy, or constitute libel or slander against or violate any other rights of any person, firm or corporation.
Property of Amedica. Amedica shall have the sole and exclusive right, even as to Plaster, to prepare, file, prosecute, obtain and maintain any and all patents and patent applications claiming any Devices. All Devices shall be the sole and exclusive property of Amedica and, subject to payment pursuant to the provisions of Section 3 hereof, Plaster hereby assigns to Amedica all of his right, title and interest in and to all of the Devices unless Amedica fails to commence the manufacture, marketing or distribution of the Devices within [***********] of development. Plaster further agrees to use his best efforts to ensure that no Devices will violate or infringe upon any right, patent, copyright, trademark or right of privacy, or constitute libel or slander against or violate any other rights of any person, firm or corporation.
Property of Amedica. Amedica shall have the sole and exclusive right, even as to Bal, to prepare, file, prosecute, obtain and maintain any and all patents and patent applications claiming any Devices. All Devices shall be the sole and exclusive property of Amedica and Bal shall assign, and hereby does assign, to Amedica all of his right, title and interest in and to all of the Devices. If Amedica fails to commence the manufacture, marketing or distribution of the Devices within [***********] of its development, then Bal shall have the right, upon [***********] prior written notice to Amedica, to require Amedica to assign such rights back to Bal at Bal’s sole expense; provided, however, that such [******] period shall be extended until the anniversary of the date on which Amedica receives all approvals (including pricing and reimbursement approvals), product and establishment licenses, registrations, or authorizations of any kind of the U.S. Food and Drug Administration, or any successor agency or authority thereto (the “FDA”), necessary for the marketing and sale of the Device, but any such extension shall not commence unless application for such FDA approvals has been initiated by Amedica during the [******] period following development of a Device, and such extension shall terminate if, after filing its initial application for such FDA approvals and prior to obtaining such approvals, Amedica fails to pursue such FDA approvals with reasonable diligence. Bal further agrees to use his best efforts to ensure that no Devices will violate or infringe upon any right, patent, copyright, trademark or right of privacy, or constitute libel or slander against or violate any other rights of any person, firm or corporation.
Property of Amedica. Amedica shall have the sole and exclusive right, even as to Brodke, to prepare, file, prosecute, obtain and maintain any and all patents and patent applications claiming any Devices (each thereafter, an “Amedica Device”). All Amedica Devices shall be the sole and exclusive property of Amedica and, subject to payment pursuant to the provisions of Section 3 hereof, Brodke hereby assigns to Amedica all of his right, title and interest in and to all of the Amedica Devices. Brodke further agrees to use his best efforts to ensure that no Devices will violate or infringe upon any right, patent, copyright, trademark or right of privacy, or constitute libel or slander against or violate any other rights of any person, firm or corporation. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act of 1933, as amended.
Property of Amedica. Amedica shall have the sole and exclusive right, even as to Xxxxx, to prepare, file, prosecute, obtain and maintain any and all patents and patent applications claiming any Devices. All Devices shall be the sole and exclusive property of Amedica and, subject to payment pursuant to the provisions of Section 3 hereof, Xxxxx hereby assigns to Amedica all of his right, title and interest in and to all of the Devices unless Amedica fails to commence the manufacture, marketing or distribution of the Devices within [***********] of development. Xxxxx further agrees to use his best efforts to ensure that no Devices will violate or infringe upon any right, patent, copyright, trademark or right of privacy, or constitute libel or slander against or violate any other rights of any person, firm or corporation. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act of 1933, as amended. Development Agreement between Amedica Corp. and Xxxxx Xxxxx, M.D.
