Prosecution and Maintenance of Licensed Patent Rights. Except as otherwise agreed by the Parties, beginning on the Effective Date, TARCANTA and TARCANTA LTD. shall be responsible for the preparation, filing, prosecution and maintenance of any and all patent applications and patents in the Territory that are included in the Licensed Patent Rights, including all payment obligations, with the exception of (a) those patents and patent applications designated in Exhibit A as related to the "Neisseria P64K Protein" technology, which shall be prepared, filed, prosecuted and maintained by HEBER or its Licensor, consistent with its obligations to CIMAB, and (b) the patents and patent applications designated in Exhibit A as "HER-1" technology, which shall be prepared, filed, prosecuted and maintained by CIM, in consultation with TARCANTA and TARCANTA LTD., consistent with its obligations to CIMAB and with CIMAB's obligations to TARCANTA and TARCANTA LTD.; provided, however, that if the Parties agree in the future to separate the claims thereof into applications which solely cover the HER-1 technology, then TARCANTA and TARCANTA LTD. shall from such point forward, bear the responsibility for the preparation, filing, prosecution and maintenance of patents and patent applications which relate solely to the HER-1 technology.
Prosecution and Maintenance of Licensed Patent Rights. As between the parties but subject to any rights and obligations of Opus to the NIH, the parties agree as follows:
Prosecution and Maintenance of Licensed Patent Rights. NOVARTIS shall be responsible for filing, prosecuting (including in connection with any reexaminations, oppositions and the like) and maintaining the Licensed Patent Rights in the Territory. NOVARTIS shall be responsible for all costs and expenses in connection with such filing, prosecution and maintenance, provided that if NOVARTIS provides LICENSEE with a notice of intent to abandon, or not file a patent application included in, any of the Licensed Patent Rights at least sixty (60) days in advance of the relevant deadline: (a) NOVARTIS shall no longer be responsible for such costs and expenses relating to filing, prosecuting and maintaining (as applicable) such Licensed Patent Right; (b) LICENSEE may, or may allow a Third Party to, file, prosecute and maintain (in its sole discretion), at its sole cost, such Licensed Patent Right; and (c) upon LICENSEE’s request, NOVARTIS shall promptly provide all files related to filing, prosecuting and maintaining such Licensed Patent Right to counsel designated by LICENSEE.
Prosecution and Maintenance of Licensed Patent Rights. (a) During the Term and thereafter, HARPOON shall remain solely responsible for the Prosecution and Maintenance of all HARPOON Intellectual Property worldwide and TCR2 shall remain solely responsible for the Prosecution and Maintenance of all TCR2 Intellectual Property worldwide.
Prosecution and Maintenance of Licensed Patent Rights. (a) As of the Effective Date, subject to subparagraph (c) below, Licensee shall assume responsibility for the Prosecution and Maintenance of all Licensed Patent Rights in the Territory and shall have the first right, at is sole expense and discretion, to Prosecute and Maintain all Licensed Patent Rights in the Territory using patent counsel of its choice. Licensor shall use its best efforts to transition the Prosecution and Maintenance of all Licensed Patent Rights to Licensee promptly following the Effective Date and to reasonably assist Licensee in such transition and assumption. In the event Licensee fails or chooses not to Prosecute or Maintain any Licensed Patent Rights in a country in the Territory, Licensor shall have the right, but not the obligation, at its sole expense and discretion, to Prosecute and Maintain such Licensed Patent Rights in such country.
Prosecution and Maintenance of Licensed Patent Rights. (a) From and after the Effective Date, Licensee shall assume responsibility – including, but not limited to, fiscal responsibility – for the Prosecution and Maintenance of all Licensed Patent Rights worldwide and, unless otherwise provided in this Agreement, shall have the sole right, at its discretion, to Prosecute and Maintain all Licensed Patent Rights worldwide. Licensor shall use its commercially reasonable efforts to transition the Prosecution and Maintenance of all Licensed Patent Rights to Licensee promptly after the Effective Date and to reasonably assist Licensee in such transition and assumption. Licensee shall pay for all reasonable and documented out-of-pocket costs associated with such transition, including any costs to Licensor’s extant patent attorneys and staff but excluding any amounts for reimbursement of past expenses. Unless otherwise provided in this Agreement, Licensee shall have the sole right, but not the obligation, to Prosecute and Maintain any patent contained in the Licensed Patent Rights in a country. If Licensee elects to cease the Prosecution or Maintenance of a Licensed Patent Right, including a Joint Patent Right, Licensee shall provide Licensor with written notice immediately upon the decision to discontinue the Prosecution or Maintenance of such Patent Right, as the case may be, in any event, however, not later than ninety (90) calendar days before any relevant deadline relating to or any public disclosure of the relevant Patent Rights. In such event, Licensee shall permit Licensor, at Licensor’s sole discretion but after discussion with Licensee and in good faith consideration of the reasons of Licensee for ceasing the Prosecution or Maintenance of such Licensed Patent Right, to take over or continue, as the case may be, the Prosecution and Maintenance of such Patent Right at Licensor’s own expense. Licensee shall execute such documents and perform such acts, at the Licensor’s expense, as may be reasonably necessary to permit Licensor to take over and continue the Prosecution and Maintenance of such Patent Right on behalf and in the name of Licensee. Any such Patent Rights shall remain Licensed Patent Rights.
Prosecution and Maintenance of Licensed Patent Rights. (a) As of the Effective Date, CDI shall have the first right to Prosecute and Maintain all Licensed Patent Rights worldwide within the Field; provided that, subject to Section 5.2(b), CDI shall consult with and take into good-faith consideration reasonably in advance any comments from Century with respect to such Prosecution and Maintenance, provided further that Century shall respond to CDI’s request for consultation in a timely and diligent manner. CDI shall pursue in good faith all reasonable claims requested by Century in the prosecution of any Licensed Patent Rights in the Territory. In the event CDI fails or chooses not to Prosecute or Maintain any Licensed Patent Rights in a country within the Field, CDI shall provide Century written notice of such decision at least thirty (30) days before any deadline for taking action to avoid abandonment (or other loss of rights) of such Licensed Patent Rights within the Field and Century shall have the right, but not the obligation, in its sole discretion, to Prosecute and Maintain such Licensed Patent Rights in such country within the Field at its own expense.
Prosecution and Maintenance of Licensed Patent Rights. (a) Licensor shall have the sole right, at its sole expense and discretion, to Prosecute and Maintain Licensed Patent Rights in countries other than Listed Countries and shall provide Licensee with prompt written notice of the countries in which it exercises such right.
Prosecution and Maintenance of Licensed Patent Rights. NephroGenex shall, at BioStratum’s expense and with the assistance of patent counsel designated by NephroGenex (i) file, maintain, prosecute and enforce all patent applications, and patents included in the Licensed Intellectual Property necessary for BioStratum to fulfill its obligations under the Kowa Agreement, provided, all such patent applications and patents shall be in the name of NephroGenex or in the case of Licensed Intellectual Property licensed from a third party, such third party licensor; and (ii) perform any other obligations of BioStratum to Kowa under Section 12.1 of the Kowa Agreement. NephroGenex shall assist BioStratum, at BioStratum’s expense, to take actions against actual or alleged infringers of the Licensed Intellectual Property as set forth in Section 12.3 of the Kowa Agreement. NephroGenex hereby designates and appoints BioStratum and its agents as attorney-in-fact to act for and in NephroGenex’s behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by NephroGenex.
Prosecution and Maintenance of Licensed Patent Rights. Cara shall have the sole right (except as otherwise provided below and be responsible for the Prosecution of the Licensed Patent Rights in the United States, at its own expense (except as provided below) and at its reasonable discretion. Vifor (or VFMCRP, according to their separate agreement) shall reimburse Cara for [***] of annual maintenance fee costs for Licensed Patents in the United States, based on invoices submitted. Cara shall keep Vifor fully informed regarding the filing, prosecution, defense and maintenance of such Licensed Patent Rights (including in any case, a detailed update at least once per Calendar Year). If reasonably requested by Cara, Vifor shall provide reasonable assistance and support to Cara in the above Prosecution and Maintenance.
