Common use of Prosecution and Maintenance of Joint Patents Clause in Contracts

Prosecution and Maintenance of Joint Patents. For all patents claiming jointly owned inventions ("Jointly Owned Patents"), the Parties shall work together to develop a reasonable patent strategy appropriate for the technology at issue. DTI shall have the first right, but not the obligation, to prosecute and maintain any Jointly Owned Patents. DTI shall permit Fujisawa to review and comment on any documents filed with the relevant patent authorities in the Territory with respect to any Jointly Owned Patents. Fujisawa shall reimburse DTI for fifty percent (50%) of its expenses in prosecuting and maintaining Jointly Owned Patents in the Territory; provided, however, that Fujisawa may elect to forego its ownership interest in such Jointly Owned Patent application during the sixty (60) day period following the filing of such application, in which case it shall not reimburse DTI and shall assign over its interest. If DTI elects not to prosecute a Jointly Owned Patent, or to abandon any Jointly Owned Patent, it shall provide sixty (60) days written notice to Fujisawa prior to any relevant deadline and Fujisawa shall have the right, but not the obligation, to prosecute and maintain such patent at Fujisawa's expense, and under its own name. DTI shall have the right to grant licenses under any Jointly Owned Patents to any Third Party without the consent of Fujisawa, subject to the license in Section 2.1. Fujisawa shall have the right to grant licenses under any Jointly Owned Patents (i) to any Third Party to make, have made, use, import, export, offer for sale and sell Licensed Products without the consent of DTI, but only so long as this Agreement is in effect, and only in connection with a sublicense permitted under Section 2.2 and (ii) to any Third Party for any other use, without the consent of DTI.

Prosecution and Maintenance of Joint Patents. For (a) Notwithstanding Sections 7.1 and 7.2, for all patents claiming jointly owned inventions forming a part of the Improvements ("Jointly Owned Patents"), the Parties shall work together to develop a reasonable patent strategy appropriate for the technology at issue. DTI Cardiome shall have the first right, but not the obligation, to file, prosecute and maintain any Jointly Owned Patents. DTI shall permit Fujisawa All material documentation and correspondence to review and comment on any documents be filed with or submitted to the relevant patent authorities offices in the Territory with respect to any regarding the prosecution and maintenance of the Jointly Owned PatentsPatents shall be subject to the prior approval of both Parties. In the event the Parties in good faith disagree as to the strategy or substance associated with any such documentation or correspondence, the Parties shall submit the dispute to the Parties' Chief Executive Officers for resolution. In the event Chief Executive Officers cannot come to an expeditious resolution, the Parties shall submit such dispute to an independent, mutually acceptable Third Party patent attorney for a final and binding determination of such dispute, and the Parties shall equally share the cost of engaging such patent attorney. (b) Fujisawa shall reimburse DTI Cardiome for fifty percent (50%) REDACTED of its Cardiome's expenses in filing, prosecuting and maintaining Jointly Owned Patents in the Territory; provided, however, that Fujisawa may elect to forego its ownership interest in such Jointly Owned Patent application during the sixty (60) REDACTED day period following the filing of such application, in which case it shall not reimburse DTI Cardiome and shall assign over its interest. If DTI Cardiome elects not to file, prosecute a Jointly Owned Patent, or to abandon any Jointly Owned Patent, it shall provide sixty (60) REDACTED days written notice to Fujisawa prior to any relevant deadline and Fujisawa shall have the right, but not the obligation, to file, prosecute and maintain such patent at Fujisawa's expense, and under its own name. DTI Cardiome shall have the right to grant licenses under any Jointly Owned Patents to any Third Party without the consent of Fujisawa, subject to the license in Section 2.1Sections 3.1 and 11. 1. Fujisawa shall have the right to grant licenses under any Jointly Owned Patents (i) to any Third Party to make, have made, use, import, export, offer for sale and sell Licensed Products without the consent of DTI, but only so long as this Agreement is in effect, Cardiome subject to Sections 3.4 and only in connection with a sublicense permitted under Section 2.2 and (ii) to any Third Party for any other use, without the consent of DTI11.2.

Prosecution and Maintenance of Joint Patents. For (a) Notwithstanding Sections 7.1 and 7.2, for all patents claiming jointly owned inventions forming a part of the Improvements ("“Jointly Owned Patents"”), the Parties shall work together to develop a reasonable patent strategy appropriate for the technology at issue. DTI Cardiome shall have the first right, but not the obligation, to file, prosecute and maintain any Jointly Owned Patents. DTI shall permit Fujisawa All material documentation and correspondence to review and comment on any documents be filed with or submitted to the relevant patent authorities offices in the Territory with respect to any regarding the prosecution and maintenance of the Jointly Owned PatentsPatents shall be subject to the prior approval of both Parties. In the event the Parties in good faith disagree as to the strategy or substance associated with any such documentation or correspondence, the Parties shall submit the dispute to the Parties’ Chief Executive Officers for resolution. In the event Chief Executive Officers cannot come to an expeditious resolution, the Parties shall submit such dispute to an independent, mutually acceptable Third Party patent attorney for a final and binding determination of such dispute, and the Parties shall equally share the cost of engaging such patent attorney. (b) Fujisawa shall reimburse DTI Cardiome for fifty percent (50%) [REDACTED: percentage] of its Cardiome’s expenses in filing, prosecuting and maintaining Jointly Owned Patents in the Territory; provided, however, that Fujisawa may elect to forego its ownership interest in such Jointly Owned Patent application during the sixty (60) [REDACTED: term] day period following the filing of such application, in which case it shall not reimburse DTI Cardiome and shall assign over its interest. If DTI Cardiome elects not to file, prosecute a Jointly Owned Patent, or to abandon any Jointly Owned Patent, it shall provide sixty (60) [REDACTED: term] days written notice to notice 1. Fujisawa prior to any relevant deadline and Fujisawa shall have the right, but not the obligation, to prosecute and maintain such patent at Fujisawa's expense, and under its own name. DTI shall have the right to grant licenses under any Jointly Owned Patents to any Third Party without the consent of Fujisawa, Cardiome subject to the license in Section 2.1. Fujisawa shall have the right to grant licenses under any Jointly Owned Patents (i) to any Third Party to make, have made, use, import, export, offer for sale Sections 3.4 and sell Licensed Products without the consent of DTI, but only so long as this Agreement is in effect, and only in connection with a sublicense permitted under Section 2.2 and (ii) to any Third Party for any other use, without the consent of DTI11.2.