Common use of Prosecution and Maintenance Clause in Contracts

Prosecution and Maintenance. (1) Telix has, at Telix’s expense, subject to Sections 11.2(c)(i)(2) and 11.2(c)(ii) and the remainder of this Section 11.2(c)(i), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents using patent counsel of Telix’s choice that is reasonably acceptable to Lxxxx. Telix shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New Patents in each of the Major Markets. Telix will provide Lxxxx with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Joint New Patent prior to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of all activities with respect to such Joint New Patents, including: [**]. (2) Upon the earlier to occur of Lxxxx’x exercise of its Option or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred with respect to the Prosecution and maintenance of the applicable Companion Diagnostic-Specific Joint Patent shall be borne by Lxxxx and (2) Lxxxx shall keep Telix reasonably informed of all activities with respect to such Companion Diagnostic-Specific Joint Patents, including: [**].

Prosecution and Maintenance. (1) Telix hasDOV shall be responsible, at Telix’s its own expense, subject for the preparation, filing, prosecution and maintenance (including, without limitation, any interferences, oppositions, reissue proceedings and reexaminations) of the DOV Patents. Wyeth shall reasonably consult with DOV with respect to Sections 11.2(c)(i)(2) and 11.2(c)(ii) and the remainder of this Section 11.2(c)(i), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents using patent counsel of Telix’s choice that is reasonably acceptable to LxxxxDOV Patents. Telix DOV shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New Patents in each keep Wyeth advised of the Major Markets. Telix will provide Lxxxx with status of such activities and shall also inform Wyeth in a reasonable opportunity to review and comment on timely manner of any filings or correspondence with material communications DOV receives from the relevant patent authorities pertaining to any such Joint New Patent prior to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of all activities office with respect to such Joint New Patentsactivities. DOV shall give notice to Wyeth of any desire to cease preparation, including: [**]. filing, prosecution or maintenance of any DOV Patent on a country-by-country basis, and in such case, to the extent not in conflict with DOV’s obligations under any agreement under which DOV has licensed such DOV Patent to a third party for use in the Field (2) Upon as of the earlier to occur of Lxxxx’x exercise of its Option Signature Date or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2thereafter), Wyeth shall have the sole right and obligation to control the elect to continue preparation, filing, prosecution and maintenance of such DOV Patent. In the Joint New Patents event that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts Wyeth elects to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to continue any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any activities for such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2)DOV Patent, (A) all costs and expenses incurred Wyeth shall reasonably consult with DOV with respect to the Prosecution thereto and maintenance of the applicable Companion Diagnostic-Specific Joint Patent shall be borne by Lxxxx and (2) Lxxxx shall keep Telix reasonably informed of all activities consider in good xxxxx Xxxxx’x reasonable views with respect to such Companion Diagnostic-Specific Joint Patentsactivities, including: [**]and DOV agrees to transfer to Wyeth all information reasonably requested by Wyeth for Wyeth to conduct such activities and to otherwise reasonably cooperate with Wyeth in such actions. Wyeth shall keep DOV advised of the status of such actions and shall also inform DOV in a timely manner of any material communications Wyeth receives from the relevant patent office with respect to such activities. Each party shall bear its own costs with respect to any preparation, filing, prosecution and maintenance of any DOV Patent for which it is responsible.

Prosecution and Maintenance. 4.3.1 RBNC shall have the first right, but not the obligation, to file, prosecute and maintain all Patent Rights in the Program Patents, Licensed Patents and Joint Patents, and Patent Rights claiming any Licensed Know-How or Sole Inventions conceived or created by or on behalf of AMGEN relating directly to the composition of a Licensed Compound, at RBNC’s sole expense using outside counsel reasonably acceptable to AMGEN. AMGEN shall reasonably cooperate with RBNC’s requests for data, affidavits, and other information and assistance to support prosecution and maintenance of the Patent Rights in the Program Patents, Licensed Patents and Joint Patents; provided, however, that RBNC shall reimburse AMGEN for its reasonable, documented out-of-pocket expenses with respect to such cooperation. RBNC shall promptly upon receipt forward to AMGEN copies of any significant office actions, communications, and correspondence relating to the Program Patents, Licensed Patents and Joint Patents. AMGEN shall have the right to comment on and to discuss prosecution and maintenance activities with RBNC, and RBNC shall consider the same in good faith and shall provide AMGEN with copies of all such proposed filings and correspondence relating to the Program Patents, Licensed Patents and Joint Patents to give AMGEN the opportunity to review and comment. 4.3.2 Notwithstanding the foregoing, if RBNC, its Affiliate or Sublicensee declines to file, prosecute or maintain any Patent Rights under Section 4.3.1 in (1) Telix hasProgram Patents that claim the composition of matter of Licensed Compounds or derivatives thereof Directed to CK1d, (2) Licensed Patents, (3) Joint Patents , or Patent Rights claiming any Licensed Know-How or Sole Inventions conceived or created by or on behalf of AMGEN to the extent relating directly to the composition of a Licensed Compound, or elects to allow any such Patent Rights to lapse in any country, or elects to abandon any such Patent Rights before all appeals within the respective patent office have been exhausted (each, an “Abandoned Patent Right”), then: (a) RBNC shall provide AMGEN with reasonable notice of such decision so as to permit AMGEN to decide whether to file, prosecute or maintain such Abandoned Patent Rights and to take any necessary action (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 Abandoned Patent Right with the U.S. Patent & Trademark Office or any foreign patent office). (b) AMGEN, at TelixAMGEN’s expense, subject may assume control of the filing, prosecution and/or maintenance of such Abandoned Patent Rights. (c) AMGEN shall have the right to Sections 11.2(c)(i)(2) and 11.2(c)(ii) and transfer the remainder of this Section 11.2(c)(i), the sole right and obligation to control the preparation, responsibility for such filing, prosecution and maintenance of the Joint New Patents using such Abandoned Patent Rights to patent counsel (outside or internal) selected by AMGEN. (d) RBNC shall assist and cooperate with AMGEN’s reasonable requests to support prosecution and maintenance of Telix’s choice such Abandoned Patent Rights; provided, however, that is reasonably acceptable to Lxxxx. Telix AMGEN shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New Patents in each of the Major Markets. Telix will provide Lxxxx with a reimburse RBNC for its reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Joint New Patent prior to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of all activities expenses with respect to such Joint New Patents, including: [**]cooperation (including RBNC’s employee’s time at the FTE Rate). (2) Upon the earlier to occur of Lxxxx’x exercise of its Option or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred with respect to the Prosecution and maintenance of the applicable Companion Diagnostic-Specific Joint Patent shall be borne by Lxxxx and (2) Lxxxx shall keep Telix reasonably informed of all activities with respect to such Companion Diagnostic-Specific Joint Patents, including: [**].

Prosecution and Maintenance. (1a) Telix has, at Telix’s expense, subject The parties intend to Sections 11.2(c)(i)(2pursue broad patent protection for discoveries and inventions made under the Research Program. (b) Subject to subsections (c) and 11.2(c)(ii(d) below, with respect to (i) any Xxxxxx Patent Rights (including any Xxxxxx Patent Rights relating solely to Program Invention(s) made solely by Icagen that are solely owned by Xxxxxx as a result of an assignment thereof by Icagen to Xxxxxx pursuant to Section 4.2), and (ii) any Joint Patent Rights, Xxxxxx shall be responsible for and control all decisions [**] related to whether and where to file for patent protection, as well as for the remainder preparation, filing (foreign and/or domestic), prosecution, issuance and maintenance of patent applications and/or patents covering such Xxxxxx Patent Rights and Joint Patent Rights according to Xxxxxx’x patent policies and procedures. (c) Subject to subsection (d) below, with respect to (i) any Icagen Patent Rights and (ii) any Joint Patent Rights relating solely to Joint Program Invention(s) that are solely owned by Icagen as a result of an assignment by Xxxxxx to Icagen of Xxxxxx’x interest therein pursuant to Section 3.3(a), Icagen shall be responsible for and control all decisions [**] related to whether and where to file for patent protection, as well as for the preparation, filing (foreign and/or domestic), prosecution, issuance and maintenance of patent applications and/or patents covering such Icagen Patent Rights and Joint Patent Rights according to Icagen’s patent policies and procedures. (i) With respect to any Icagen Patent Rights or Joint Patent Rights for which Icagen has responsibility under subsection (c) but that relate solely to the composition of matter or use of a Development Compound or Product based thereon or comprised thereof that Xxxxxx is actively developing or commercializing in accordance with this Agreement, Xxxxxx shall have the right, upon prior written notice to Icagen, to assume responsibility for and to control all decisions [**] related to whether and where to file for patent protection, as well as for the preparation, filing (foreign and/or domestic), prosecution, issuance and maintenance of patent applications and/or patents covering such Icagen Patent Rights and Joint Patent Rights according to Xxxxxx’x patent policies and procedures. (ii) With respect to any Xxxxxx Patent Rights or Joint Patent Rights for which Xxxxxx has responsibility under subsection (b) but that relate solely to the composition of matter or use of an Abandoned Compound or Product based thereon or comprised thereof that Icagen is actively developing or commercializing in accordance with this Agreement, Icagen shall have the right, upon prior written notice to Xxxxxx, to assume responsibility for and to control all decisions [**] related to whether and where to file for patent protection, as well as for the preparation, filing (foreign and/or domestic), prosecution, issuance and maintenance of patent applications and/or patents covering such Xxxxxx Patent Rights and Joint Patent Rights according to Icagen’s patent policies and procedures. (iii) The party responsible for the preparation, filing and prosecution of patent applications under this Section 11.2(c)(i4.4 shall cooperate with the other party to segregate (e.g., by initially filing separate patent applications or by subsequently filing appropriate divisional or continuation patent applications), if practicable, from the inventions claimed in such patent applications any inventions of the other party that are distinct inventions and for which the responsible party would not have the right under this Agreement to assume such responsibility and control if such inventions were so segregated. If the parties are unable to segregate inventions claimed in any patent application as contemplated by the immediately preceding sentence, the parties shall cooperate to allocate enforcement rights between themselves with respect to any patent that issues from such patent application based on which party has the greatest commercial interest in the particular matter. In addition, where the JRC determines that Icagen has a greater commercial interest than does Xxxxxx in Joint Patent Rights for which Xxxxxx otherwise has or would have responsibility under subsection (b), the sole right JRC may shift responsibility for such Joint Patent Rights to Icagen. (e) The party responsible for preparation, filing, prosecution, issuance and obligation maintenance of patent applications and patents covering Xxxxxx Patent Rights, Icagen Patent Rights and Joint Patent Rights under subsections (b), (c) and (d) above shall provide timely notice and information concerning decisions related to control the preparation, filing, prosecution prosecution, issuance and maintenance of patent applications and patents covering such Xxxxxx Patent Rights, Icagen Patent Rights and Joint Patent Rights in sufficient time to allow the other party to provide comments and suggestions concerning such decisions. All such comments and suggestions shall be reasonably considered by the responsible party. In the event the responsible party elects not to file, prosecute or maintain any Xxxxxx Patent Rights, Icagen Patent Rights or Joint New Patents using patent counsel Patent Rights, such party shall provide sufficient advance notice of Telix’s choice that is reasonably acceptable such decision to Lxxxx. Telix the other party to enable such other party to file, prosecute or maintain such Xxxxxx Patent Rights, Icagen Patent Rights or Joint Patent Rights, and such other party shall use Commercially Reasonable Efforts have the right to Prosecute and maintain Joint New Patents in each of the Major Markets. Telix will provide Lxxxx with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Joint New Patent prior to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of all activities with respect to such Joint New Patents, including: [**]do so. (2f) Upon Each party shall inform the earlier to occur other party at regular intervals, or on written request, about the status of Lxxxx’x exercise of its Option all patent applications or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that patents for which it is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx responsible under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred with respect to the Prosecution and maintenance of the applicable Companion Diagnostic-Specific Joint Patent shall be borne by Lxxxx and (2) Lxxxx shall keep Telix reasonably informed of all activities with respect to such Companion Diagnostic-Specific Joint Patents, including: [**]4.4.

Prosecution and Maintenance. 4.3.1 RBNC shall have the first right, but not the obligation, to file, prosecute and maintain all Patent Rights in the Program Patents, Licensed Patents and Joint Patents, and Patent Rights claiming any Licensed Know-How or Sole Inventions conceived or created by or on behalf of AMGEN relating directly to the composition of a Licensed Compound, at RBNC’s sole expense using outside counsel reasonably acceptable to AMGEN. AMGEN shall reasonably cooperate with RBNC’s requests for data, affidavits, and other information and assistance to support prosecution and maintenance of the Patent Rights in the Program Patents, Licensed Patents and Joint Patents; provided, however, that RBNC shall reimburse AMGEN for its reasonable, documented out-of-pocket expenses with respect to such cooperation. RBNC shall promptly upon receipt forward to AMGEN copies of any significant office actions, communications, and correspondence relating to the Program Patents, Licensed Patents and Joint Patents. AMGEN shall have the right to comment on and to discuss prosecution and maintenance activities with RBNC, and RBNC shall consider the same in good faith and shall provide AMGEN with copies of all such proposed filings and correspondence relating to the Program Patents, Licensed Patents and Joint Patents to give AMGEN the opportunity to review and comment. 4.3.2 Notwithstanding the foregoing, if RBNC, its Affiliate or Sublicensee declines to file, prosecute or maintain any Patent Rights under Section 4.3.1 in (1) Telix hasProgram Patents that claim the composition of matter of Licensed Compounds or derivatives thereof Directed to GCase, (2) Licensed Patents, (3) Joint Patents , or Patent Rights claiming any Licensed Know-How or Sole Inventions conceived or created by or on behalf of AMGEN to the extent relating directly to the composition of a Licensed Compound, or elects to allow any such Patent Rights to lapse in any country, or elects to abandon any such Patent Rights before all appeals within the respective patent office have been exhausted (each, an “Abandoned Patent Right”), then: (a) RBNC shall provide AMGEN with reasonable notice of such decision so as to permit AMGEN to decide whether to file, prosecute or maintain such Abandoned Patent Rights and to take any necessary action (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 Abandoned Patent Right with the U.S. Patent & Trademark Office or any foreign patent office). (b) AMGEN, at TelixAMGEN’s expense, subject may assume control of the filing, prosecution and/or maintenance of such Abandoned Patent Rights. (c) AMGEN shall have the right to Sections 11.2(c)(i)(2) and 11.2(c)(ii) and transfer the remainder of this Section 11.2(c)(i), the sole right and obligation to control the preparation, responsibility for such filing, prosecution and maintenance of the Joint New Patents using such Abandoned Patent Rights to patent counsel (outside or internal) selected by AMGEN. (d) RBNC shall assist and cooperate with AMGEN’s reasonable requests to support prosecution and maintenance of Telix’s choice such Abandoned Patent Rights; provided, however, that is reasonably acceptable to Lxxxx. Telix AMGEN shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New Patents in each of the Major Markets. Telix will provide Lxxxx with a reimburse RBNC for its reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Joint New Patent prior to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of all activities expenses with respect to such Joint New Patents, including: [**]cooperation (including RBNC’s employee’s time at the FTE Rate). (2) Upon the earlier to occur of Lxxxx’x exercise of its Option or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred with respect to the Prosecution and maintenance of the applicable Companion Diagnostic-Specific Joint Patent shall be borne by Lxxxx and (2) Lxxxx shall keep Telix reasonably informed of all activities with respect to such Companion Diagnostic-Specific Joint Patents, including: [**].

Prosecution and Maintenance. [*] prepare, file, prosecute and maintain (1including with respect to related interference, derivation, re-issuance, re-examination, opposition and other post-grant proceedings) Telix hasthe Adamas Memantine Patent Rights in the Territory. Adamas and Forest shall cooperate through the JIPWG in connection with the continued prosecution and maintenance [*] of the Adamas Memantine Patent Rights, at Telix’s expense, subject to Sections 11.2(c)(i)(2) and 11.2(c)(ii) and the remainder JIPWG shall discuss and shall strive to agree upon a strategy for the prosecution and maintenance [*] of the Adamas Memantine Patent Rights. Subject to this Section 11.2(c)(i7.3(a)(i), if consensus cannot be reached by the sole right and obligation JIPWG with respect to control any matter relating to the preparation, filing, prosecution and maintenance of the Joint New Patents using Adamas Memantine Patent Rights in the Territory, including whether to file a patent counsel application in the Territory, [*] shall have the final decision-making authority regarding such prosecution and maintenance; provided that [*] shall consider in good faith [*] reasonable proposals or comments as part of Telix’s choice that is reasonably acceptable to Lxxxxsuch filing, prosecution and maintenance. Telix At all times during the Term, [*] shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New Patents in each of have the Major Markets. Telix will provide Lxxxx with a reasonable opportunity right to review and comment on the documentation, filings and communications to or from the US Patent and Trademark Office (or any filings or correspondence with patent authorities pertaining successor agency) (including reasonable access thereto) related to any such Joint New the Adamas Memantine Patent prior to any submission thereof to any such authority. Telix Rights, and [*] shall keep Lxxxx [*] reasonably informed of the status of all activities pending patent applications that pertain to the Adamas Memantine Patent Rights. [*]: (1) [*] shall incorporate [*] reasonable proposals or comments as part of such filing, prosecution or maintenance, and (2) [*] shall use for the filing and prosecution of the Adamas Memantine Patent Rights patent counsel [*], which [*] patent counsel for the Adamas Memantine Patent Rights [*]; provided, however, in the event that [*] reasonably believes that [*] is [*] the Adamas Memantine Patent Rights, [*] shall have the right to elect to change patent counsel to patent counsel [*], such [*]. On and after the Effective Date, such [*] patent counsel shall [*], and [*] with respect to such Joint New Patentsfiling and prosecution. If, including: [*], [*] decides to abandon any Adamas Memantine Patent Rights, [*] shall, at its sole expense, have the option to continue to prosecute and maintain such Patent Rights, in which case such Patent Rights shall [*]. , but, for clarity, shall [*]. If, [*], [*] decides to abandon any Adamas Memantine Patent Rights, [*] shall, at its sole expense, have the option to continue to prosecute and maintain such Patent Rights [*], provided that (21) Upon the earlier to occur of Lxxxx’x exercise of its Option or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, any such prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx by [*] shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred [*] with respect to the Prosecution and maintenance of the applicable Companion Diagnostic-Specific Joint other Adamas Memantine Patent shall be borne by Lxxxx and Rights; (2) Lxxxx [*] shall (A) keep Telix [*] reasonably informed of the status of all activities with respect pending patent applications that pertain to such Companion Diagnostic-Specific Joint PatentsAdamas Memantine Patent Rights, including: (B) incorporate [*] reasonable proposals or comments as part of such filing, prosecution or maintenance, and (C) use for the filing and prosecution of such Adamas Memantine Patent Rights patent counsel [*]; and (3) for clarity, such Adamas Memantine Patent Rights shall [*]. If (A) the prosecuting Party’s intended position in the prosecution or maintenance of an Adamas Memantine Patent Right would be reasonably expected to have a material adverse effect on the non-prosecuting Party’s interest in and rights to the [*] (including the licenses granted hereunder), the [*] (in case of [*] an Adamas Memantine Patent Right), or the Commercialization of the Products in the Field in the non- [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. prosecuting Party’s territory and (B) the non-prosecuting Party notifies the prosecuting Party of its objection to such prosecution or maintenance position, the Parties shall meet and discuss the non-prosecuting Party’s objection in good faith and use reasonable efforts to determine a mutually agreeable prosecution or maintenance strategy, provided that if the Parties fail to agree and the non-prosecuting Party maintains its objection, [*].

Prosecution and Maintenance. (1a) Telix has, at Telix’s expense, subject to Sections 11.2(c)(i)(2) and 11.2(c)(ii) and the remainder of this Section 11.2(c)(i), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents using patent counsel of Telix’s choice that is reasonably acceptable to Lxxxx. Telix IPI shall use Commercially Reasonable Efforts to Prosecute prepare, file, prosecute and maintain Joint New maintain, at its own cost and expense, the IPI Patents in each of the Major MarketsALFASIGMA Territory. Telix will provide Lxxxx with a reasonable opportunity to review ALFASIGMA shall prepare, file, prosecute and comment on any filings or correspondence with patent authorities pertaining to any such Joint New Patent prior to any submission thereof to any such authoritymaintain, at its own cost and expense, the ALFASIGMA Patents in the ALFASIGMA Territory. Telix Parties shall keep Lxxxx each other reasonably informed of all activities the status of such Patent Rights in the ALFASIGMA Territory. Without prejudice to the generality of the foregoing, in the event that IPI decides to abandon or discontinue the filing, prosecution or maintenance, in whole or in part, of any of the IPI Patents (including decisions relating to interference, opposition, revocation, reexamination and similar proceedings), it shall provide prompt written notice to ALFASIGMA. In such case ALFASIGMA may elect to continue the maintenance or prosecution of such IPI Patents at its cost and expense. (b) The Parties shall discuss in good faith, and thereupon implement, a mutually agreeable patent strategy with respect to such the Joint New PatentsPatents and/or the Joint IP that may be patentable related to the Compound and/or the Product in the Indication, including: [**]. (2) Upon the earlier to occur of Lxxxx’x exercise of its Option or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2)following provisions shall: (i) with respect to the Joint Patents and the Joint IP for which the Parties agree that patent prosecution should be sought, the sole right and obligation to control Parties shall cooperate in the preparation, filingfiling and prosecution of patent applications (including provoking, prosecution instituting or defending interference, opposition, revocation, reexamination, derivation, and maintenance of similar proceedings related to the Joint New Patents that Cover any Companion DiagnosticPatents), but do not Cover and shall discuss and agree in good faith on the content and form of relevant patent applications and any other product that is not a Companion Diagnostic relevant matters before such applications are made; (“Companion Diagnostic-Specific ii) each Party shall consider in good faith any comments from the other Party regarding steps to be taken to strengthen any Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute Patent; and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (Aiii) all costs and expenses incurred with respect to prosecute and maintain the Joint Patents (including as a result of provoking, instituting or defending interference, opposition, revocation, reexamination and similar proceedings related to the Prosecution and maintenance of the applicable Companion Diagnostic-Specific Joint Patent Patents) shall be equally borne by Lxxxx and (2) Lxxxx shall keep Telix reasonably informed of all activities with respect to such Companion Diagnostic-Specific Joint Patents, including: [**]the Parties.

Prosecution and Maintenance. (1) Telix hasConcurrent with or subsequent to the filing of a PCT Application, Clovis shall, at Telix’s its own cost and expense, subject to Sections 11.2(c)(i)(2be responsible for the filing of any regional (including with the European Patent Office) or national application (other than a priority application) and 11.2(c)(ii) and the remainder of this Section 11.2(c)(i), the sole right and obligation to control the preparation, filing, for prosecution and maintenance of the Joint New Patents using patent counsel of Telix’s choice that is reasonably acceptable to Lxxxx. Telix shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New (A) all Clovis Patents in any jurisdiction world-wide, and (B) [***] and Joint Patents in the Licensed Territory, in Clovis’ own name, with respect to Clovis Patents, in 3BP’s name, with respect to the [***], and in the name of both Parties, with respect to Joint Patents, including the defense of any claims or conducting any proceedings relating to such Patents (including but not limited to any patent interference, derivation proceeding, reissue, re-examination, supplemental examination, post-grant review, inter partes review, or other Patent Challenge proceedings, subject in each case to the provisions of Section 9.5). Clovis shall promptly provide 3BP and 3BP’s external patent counsel, (i) with respect to Clovis Patents, with all material documentation and correspondence from, sent to or filed with patent offices in the Major Markets. Telix will respective jurisdictions regarding the prosecution of any such Patents, and provide Lxxxx 3BP with a reasonable opportunity to review and comment on any upon all substantive filings or correspondence with such patent authorities pertaining offices in advance of submission of such filings to any such Joint New Patent prior to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of all activities patent offices and (ii) with respect to such Joint New Patents, including: [**]. (2) Upon the earlier to occur of Lxxxx’x exercise of its Option or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) *] and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using , with all documentation and correspondence from, sent to or filed with patent counsel offices in the respective jurisdictions regarding the prosecution of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute any such Patents, and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix 3BP with a reasonable opportunity of a least [***] (or in exceptional urgent cases a lesser but reasonable period) to review and comment on any upon all filings or correspondence with such patent authorities pertaining to any offices in advance of submission of such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred with respect to the Prosecution and maintenance of the applicable Companion Diagnostic-Specific Joint Patent shall be borne by Lxxxx and (2) Lxxxx shall keep Telix reasonably informed of all activities with respect filings to such Companion Diagnostic-Specific Joint Patentspatent offices. Clovis shall consider 3BP’s comments, including: [**].acting

Prosecution and Maintenance. (1) Telix hasConcurrent with or subsequent to the filing of a PCT Application, 3BP shall, at Telix’s its own cost and expense, subject to Sections 11.2(c)(i)(2be responsible for the filing of any regional (including with the European Patent Office) or national Patent application (other than a priority application) and 11.2(c)(ii) and for the remainder of this Section 11.2(c)(i), the sole right and obligation to control the preparation, filing, prosecution and maintenance of (A) all 3BP Patents (other than a [***] in the Licensed Territory) in any jurisdiction world-wide and (B) all Joint New Patents using patent counsel of Telix’s choice that is reasonably acceptable to Lxxxx. Telix shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New Patents in the Retained Territory, in its own name with respect to the 3BP Patents, and in the name of both Parties with respect to any Joint Patents, including the defense of any claims or conducting any proceedings relating to such Patents (including but not limited to any patent interference, derivation proceeding, reissue, re-examination, supplemental examination, post-grant review, inter partes review, or other Patent Challenge proceedings, subject in each case to the provisions of Section 9.5). 3BP shall promptly provide Clovis (i) with respect to 3BP Patents, with all material documentation and correspondence from, sent to or filed with patent offices in the Major Markets. Telix will respective jurisdictions regarding the prosecution of any such Patents, and provide Lxxxx Clovis with a reasonable opportunity to review and comment on any upon all substantive filings or correspondence with such patent authorities pertaining offices in advance of submission of such filings to any such Joint New Patent prior to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of all activities patent offices and (ii) with respect to such Joint New Patents, including: [**]. (2) Upon with all documentation and correspondence from, sent to or filed with patent offices in the earlier to occur respective jurisdictions regarding the prosecution of Lxxxx’x exercise of its Option or termination of this Agreementany such Patents, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix Clovis with a reasonable opportunity of a least [***] (or in exceptional urgent cases a lesser but reasonable period) to review and comment on any upon all filings or correspondence with such patent authorities pertaining to any offices in advance of submission of such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred with respect to the Prosecution and maintenance of the applicable Companion Diagnostic-Specific Joint Patent shall be borne by Lxxxx and (2) Lxxxx shall keep Telix reasonably informed of all activities with respect filings to such Companion Diagnostic-Specific Joint Patentspatent offices. 3BP shall consider Clovis’ comments, including: [**]acting reasonably and in good faith, including any comments regarding whether to reduce the scope of or abandon any Valid Claims within such Patents taking into account the joint patent strategy established by the Parties pursuant to Section 9.1.

Prosecution and Maintenance. (a) Unless otherwise set forth in this Section 4.3, (i) Licensor shall prepare, file, prosecute and maintain all patents and patent applications in Licensed Patent Rights for which Licensor has patent prosecution and maintenance rights (including without limitation all such patents and patent applications in the Sublicensed 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 24b-2 of the Securities Exchange Act of 1934, as amended. Intellectual Property); and (ii) Licensor shall provide the Symphony Collaboration with (1) Telix has, at Telix’s expense, subject to Sections 11.2(c)(i)(2) and 11.2(c)(ii) and quarterly reports regarding the remainder status of this Section 11.2(c)(i), the sole right and obligation to control the preparation, filing, prosecution and maintenance of Licensed Patent Rights, (2) copies of and/or access to any patent documents related to the Joint New Licensed Patent Rights as reasonably requested by the Symphony Collaboration, (3) copies of patent applications and other substantive patent prosecution documents pertaining to the Program-Specific Patents using prior to filing in the United States so as to afford the Symphony Collaboration and its patent counsel of Telixcounsel, at the Symphony Collaboration’s choice that is reasonably acceptable to Lxxxx. Telix shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New Patents in each of the Major Markets. Telix will provide Lxxxx with expense, a reasonable opportunity to review and comment on such documents and (4) timely answers to the Symphony Collaboration’s questions regarding the status of patents and patent applications in Licensed Patent Rights. (b) Licensor will use commercially reasonable efforts to seek the allowance of broad generic claims that read on Products as well as Program-Specific Claims, consistent with Licensor’s determination of enforceability, business considerations and other factors. (c) Subject to a reasonable allocation of costs in the event that any filings Program-Specific Patent relates to Licensor’s business other than the Programs, the cost of the prosecution and maintenance of Program-Specific Patents shall be paid by the Symphony Collaboration. Upon the scope of any Licensed Patent Rights being amended so that the patent or correspondence with patent authorities pertaining application’s claims no longer relate to, or are exploitable in connection with, any Product and/or any Program, for which Licensor has not exercised a Discontinuation Option, such patent or patent application shall cease to any such Joint New be a Licensed Patent prior to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of Right and all activities rights and obligations with respect to such Joint New Patentspatent or patent application (including costs, including: [**]fees, prosecution, maintenance and enforcement) shall revert to Licensor. (2d) Upon The Symphony Collaboration shall not be responsible for the earlier to occur costs of Lxxxx’x exercise of its Option any interference or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred reexamination initiated by Licensor with respect to the Prosecution and maintenance of the applicable Companion DiagnosticProgram-Specific Joint Patent shall be borne by Lxxxx Patents (except to the extent allocated in the Development Budget), unless the Parties mutually agree in writing (i) that it is reasonably necessary or useful to file and prosecute such interference or re-examination in connection with such Program-Specific Patents to protect their interests in such Program-Specific Patents and (2ii) Lxxxx to a reasonable allocation of costs in the event that any Program-Specific Patents relate to Licensor’s business other than the Programs, which agreement will not be unreasonably withheld or delayed. In the event, however, that (i) the Symphony Collaboration does not agree to pay such costs (or its share of costs as reasonably allocated as set forth above) of such interference or reexamination and (ii) Licensor successfully files and prosecutes or settles such interference or reexamination at its sole cost, then the licenses granted by Licensor to the Symphony Collaboration in Section 2.2 herein shall keep Telix reasonably informed of all activities immediately terminate with respect to such Companion Diagnosticspecific Program-Specific Joint PatentsPatent subject to such interference or reexamination. (e) The Symphony Collaboration shall not be responsible for the costs of any opposition, including: [**]protest or reexamination initiated by Licensor with respect to 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 24b-2 of the Securities Exchange Act of 1934, as amended. any intellectual property rights owned or controlled by a third party, including those related to any pending patent application, (except to the extent allocated in the Development Budget), unless the Parties mutually agree in writing (i) that it is reasonably necessary or useful to file and prosecute such opposition, protest or reexamination in connection with such third party intellectual property to protect their interests in the Programs and (ii) to a reasonable allocation of costs in the event that such third party intellectual property relates to Licensor’s business other than the Programs, which agreement will not be unreasonably withheld or delayed. (f) Each Party shall provide the prosecuting Party with reasonable cooperation under this Section 4.3.

Prosecution and Maintenance. (a) Unless otherwise set forth in this Section 4.3, (i) Licensor shall prepare, file, prosecute and maintain those patents and patent applications in Licensed Patent Rights for which Licensor has patent prosecution and maintenance rights; and (ii) Licensor shall provide Symphony Icon with (1) Telix has, at Telix’s expense, subject to Sections 11.2(c)(i)(2) and 11.2(c)(ii) and quarterly reports regarding the remainder status of this Section 11.2(c)(i), the sole right and obligation to control the preparation, filing, prosecution and maintenance of Licensed Patent Rights, (2) copies of and/or access to any patent documents related to the Joint New Licensed Patent Rights as reasonably requested by Symphony Icon, (3) copies of patent applications and other substantive patent prosecution documents pertaining to the Program-Specific Patents using prior to filing in the United States so as to afford Symphony Icon and its patent counsel of Telixcounsel, at Symphony Icon’s choice that is reasonably acceptable to Lxxxx. Telix shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New Patents in each of the Major Markets. Telix will provide Lxxxx with expense, a reasonable opportunity to review and comment on such documents and (4) timely answers to Symphony Icon’s questions regarding the status of patents and patent applications in Licensed Patent Rights. (b) Licensor will use commercially reasonable efforts to seek the allowance of broad generic claims that read on Products, consistent with Licensor’s determination of enforceability, business considerations and other factors. (c) Subject to a reasonable allocation of costs in the event that any filings Program-Specific Patent relate to Licensor’s business other than the Programs, the cost of the prosecution and maintenance of Program-Specific Patents shall be paid by Symphony Icon. Upon the scope of any Licensed Patent Rights being amended so that the patent or correspondence with patent authorities pertaining application’s claims no longer relate to, or are exploitable in connection with, any Product and/or any Program, for which Licensor has not exercised a Discontinuation Option, such patent or patent application shall cease to any such Joint New be a Licensed Patent prior to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of Right and all activities rights and obligations with respect to such Joint New Patentspatent or patent application (including costs, including: [**]fees, prosecution, maintenance and enforcement) shall revert to Licensor. (2d) Upon Symphony Icon shall not be responsible for the earlier to occur costs of Lxxxx’x exercise of its Option any interference or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred reexamination initiated by Licensor with respect to the Prosecution Program Specific Patents (except to the extent allocated in the Development Budget), unless the Parties mutually agree in writing (i) that it is reasonably necessary or useful to file and maintenance of the applicable Companion Diagnosticprosecute such interference or re-examination in connection with such Program Specific Joint Patent shall be borne by Lxxxx Patents to protect their interests in such Program Specific Patents and (2ii) Lxxxx to a reasonable allocation of costs in the event that any Program Specific Patents relate to Licensor’s business other than the Programs, which agreement will not be unreasonably withheld or delayed. In the event, however, that (i) Symphony Icon does not agree to pay such costs (or its share of costs as reasonably allocated as set forth above) of such interference or reexamination and (ii) Licensor successfully files and prosecutes or settles such interference or reexamination at its sole cost, then the licenses granted by Licensor to Symphony Icon in Section 2.2 herein shall keep Telix reasonably informed of all activities immediately terminate with respect to specific Program Specific Patent subject to such Companion Diagnostic-Specific Joint Patentsinterference or reexamination. (e) Symphony Icon shall not be responsible for the costs of any opposition, including: [**]protest or reexamination initiated by Licensor with respect to any Third Party IP (except to the extent allocated in the Development Budget), unless the Parties mutually agree in writing (i) that it is reasonably necessary or useful to file and prosecute such opposition, protest or reexamination in connection with such Third Party IP to protect their interests in the Programs and (ii) to a reasonable allocation of costs in the event that such Third Party IP relates to Licensor’s business other than the Programs, which agreement will not be unreasonably withheld or delayed. (f) Each Party shall provide the prosecuting Party with reasonable cooperation under this Section 4.3.

Prosecution and Maintenance. [ * ] prepare, file, prosecute and maintain (1including with respect to related interference, derivation, re-issuance, re-examination, opposition and other post-grant proceedings) Telix hasthe Adamas Memantine Patent Rights in the Territory. Adamas and Forest shall cooperate through the JIPWG in connection with the continued prosecution and maintenance [ * ] of the Adamas Memantine Patent Rights, at Telix’s expense, subject to Sections 11.2(c)(i)(2) and 11.2(c)(ii) and the remainder JIPWG shall discuss and shall strive to agree upon a strategy for the prosecution and maintenance [ * ] of the Adamas Memantine Patent Rights. Subject to this Section 11.2(c)(i7.3(a)(i), if [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the sole right Securities and obligation Exchange Commission pursuant to control Rule 406 of the preparationSecurities Act of 1933, filing, as amended. consensus cannot be reached by the JIPWG with respect to any matter relating to the prosecution and maintenance of the Joint New Patents using Adamas Memantine Patent Rights in the Territory, including whether to file a patent counsel application in the Territory, [ * ] shall have the final decision-making authority regarding such prosecution and maintenance; provided that [ * ] shall consider in good faith [ * ] reasonable proposals or comments as part of Telix’s choice that is reasonably acceptable to Lxxxxsuch filing, prosecution and maintenance. Telix At all times during the Term, [ * ] shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New Patents in each of have the Major Markets. Telix will provide Lxxxx with a reasonable opportunity right to review and comment on the documentation, filings and communications to or from the US Patent and Trademark Office (or any filings or correspondence with patent authorities pertaining successor agency) (including reasonable access thereto) related to any such Joint New the Adamas Memantine Patent prior to any submission thereof to any such authority. Telix Rights, and [ * ] shall keep Lxxxx [ * ] reasonably informed of the status of all activities pending patent applications that pertain to the Adamas Memantine Patent Rights. [ * ]: (1) [ * ] shall incorporate [ * ] reasonable proposals or comments as part of such filing, prosecution or maintenance, and (2) [ * ] shall use for the filing and prosecution of the Adamas Memantine Patent Rights patent counsel [ * ], which [ * ] patent counsel for the Adamas Memantine Patent Rights [ * ]; provided, however, in the event that [ * ] reasonably believes that [ * ] is [ * ] the Adamas Memantine Patent Rights, [ * ] shall have the right to elect to change patent counsel to patent counsel [ * ], such [ * ]. On and after the Effective Date, such [ * ] patent counsel shall [ * ], and [ * ] with respect to such Joint New Patentsfiling and prosecution. If, including: [**[ * ]. , [ * ] decides to abandon any Adamas Memantine Patent Rights, [ * ] shall, at its sole expense, have the option to continue to prosecute and maintain such Patent Rights, in which case such Patent Rights shall [ * ], but, for clarity, shall [ * ]. If, [ * ], [ * ] decides to abandon any Adamas Memantine Patent Rights, [ * ] shall, at its sole expense, have the option to continue to prosecute and maintain such Patent Rights [ * ], provided that (21) Upon the earlier to occur of Lxxxx’x exercise of its Option or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, any such prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx by [ * ] shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred [ * ] with respect to the Prosecution and maintenance of the applicable Companion Diagnostic-Specific Joint other Adamas Memantine Patent shall be borne by Lxxxx and Rights; (2) Lxxxx [ * ] shall (A) keep Telix [ * ] reasonably informed of the status of all activities with respect pending patent applications that pertain to such Companion DiagnosticAdamas Memantine Patent Rights, (B) incorporate [ * ] reasonable proposals or comments as part of such filing, prosecution or maintenance, and (C) use for the filing and prosecution of such Adamas Memantine Patent Rights patent counsel [ * ]; and (3) for clarity, such Adamas Memantine Patent Rights shall [ * ]. If (A) the prosecuting Party’s intended position in the prosecution or maintenance of an Adamas Memantine Patent Right would be reasonably expected to have a material adverse effect on the non-Specific Joint Patentsprosecuting Party’s interest in and rights to the [ * ] (including the licenses granted hereunder), including: [**the [ * ] (in case of [ * ] an Adamas Memantine Patent Right), or the Commercialization of the Products in the Field in the non-prosecuting Party’s territory and (B) the non-prosecuting Party notifies the prosecuting Party of its objection to such prosecution or maintenance position, the Parties shall meet and discuss the non-prosecuting Party’s objection in good faith and use reasonable efforts to determine a mutually agreeable prosecution or maintenance strategy, provided that if the Parties fail to agree and the non-prosecuting Party maintains its objection, [ * ].

Prosecution and Maintenance. (a) Unless otherwise set forth in this Section 4.3, (i) Licensor shall prepare, file, prosecute and maintain those patents and patent applications in Licensed Patent Rights for which Licensor has patent prosecution and maintenance rights; and (ii) Licensor shall provide Symphony GenIsis with (1) Telix has, at Telix’s expense, subject to Sections 11.2(c)(i)(2) and 11.2(c)(ii) and quarterly reports regarding the remainder status of this Section 11.2(c)(i), the sole right and obligation to control the preparation, filing, prosecution and maintenance of Program-Specific Patents, (2) copies of and/or access to any patent documents related to the Joint New Licensed Patent Rights as reasonably requested by Symphony GenIsis, (3) copies of patent applications and other substantive patent prosecution documents pertaining to the Program-Specific Patents using prior to filing in the United States so as to afford Symphony GenIsis and its patent counsel of Telix’s choice that is reasonably acceptable to Lxxxx. Telix shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New Patents in each of the Major Markets. Telix will provide Lxxxx with counsel, at Symphony GenIsis’ expense, a reasonable opportunity to review and comment on any filings or correspondence such documents and (4) timely answers to Symphony GenIsis’ questions regarding the status of patents and patent applications in Licensed Patent Rights. (b) Licensor will use commercially reasonable efforts to seek the allowance of broad generic claims, consistent with patent authorities pertaining Licensor’s determination of enforceability, business considerations and other factors. (c) Subject to any such Joint New costs paid by Third Party Licensors and a reasonable allocation of costs, to the extent that the Program-Specific Patents relate to Licensor’s business other than the Programs, the cost of the prosecution and maintenance of Program-Specific Patents shall be paid by Symphony GenIsis. Upon the scope of any Licensed Patent prior Rights being amended so that the patent or patent application’s claims no longer relate to, or are exploitable in connection with, any Product and/or any Program, for which Licensor has not exercised a Discontinuation Option, such patent or patent application shall cease to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of be a Licensed Patent Right and all activities rights and obligations with respect to such Joint New Patentspatent or patent application (including costs, including: [**]fees, prosecution, maintenance and enforcement) shall revert to Licensor. (2d) Upon Symphony GenIsis shall not be responsible for the earlier to occur costs of Lxxxx’x exercise of its Option any opposition, interference or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred reexamination initiated by Licensor with respect to the Prosecution Program Specific Patents (except to the extent allocated in the Development Budget), unless the Parties mutually agree in writing (i) that it is reasonably necessary or useful to file and maintenance of the applicable Companion Diagnosticprosecute such opposition, interference or re-examination in connection with such Program Specific Joint Patent shall be borne by Lxxxx Patents to protect their interests in such Program Specific Patents and (2ii) Lxxxx to a reasonable allocation of costs to the extent that the Program Specific Patents relate to Licensor’s business other than the Programs, which agreement will not be unreasonably withheld or delayed. In the event, however, that (i) Symphony GenIsis does not agree to pay such costs (or its share of costs as reasonably allocated as set forth above) of such opposition, interference or reexamination and (ii) Licensor successfully files and prosecutes or settles such opposition, interference or reexamination at its sole cost, then the licenses granted by Licensor to Symphony GenIsis in Section 2.2 herein shall keep Telix reasonably informed of all activities immediately terminate with respect to specific Program Specific Patent subject to such Companion Diagnostic-Specific Joint Patentsopposition, including: [**]interference or reexamination. (e) Each Party shall provide the prosecuting Party with reasonable cooperation under this Section 4.3.

Prosecution and Maintenance. (a) Unless otherwise set forth in this Section 4.3, (i) Licensor shall prepare, file, prosecute and maintain those patents and patent applications in Licensed Patent Rights for which Licensor has patent prosecution and maintenance rights; and (ii) Licensor shall provide Symphony Allegro with (1) Telix has, at Telix’s expense, subject to Sections 11.2(c)(i)(2) and 11.2(c)(ii) and semiannual reports regarding the remainder status of this Section 11.2(c)(i), the sole right and obligation to control the preparation, filing, prosecution and maintenance of Licensed Patent Rights, (2) access to any patent documents related to the Joint New Licensed Patent Rights as reasonably requested by Symphony Allegro, (3) copies of draft patent applications, and draft responses to substantive written office actions, pertaining to the Program-Specific Patents using prior to filing in the United States so as to afford Symphony Allegro and its patent counsel of Telixcounsel, at Symphony Allegro’s choice that is reasonably acceptable to Lxxxx. Telix shall use Commercially Reasonable Efforts to Prosecute and maintain Joint New Patents in each of the Major Markets. Telix will provide Lxxxx with expense, a reasonable opportunity to review and comment on such documents and (4) timely answers to Symphony Allegro’s reasonable [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. questions regarding the status of patents and patent applications in Licensed Patent Rights. (b) Licensor will use commercially reasonable efforts to seek the allowance of broad generic claims covering the Products consistent with Licensor’s determination of enforceability, business considerations and other factors. (c) Subject to a reasonable allocation of costs in the event that any filings Program-Specific Patent relates to Licensor’s business other than the Programs, the cost of the prosecution and maintenance of Program-Specific Patents shall be paid by Symphony Allegro. Upon the scope of any Licensed Patent Rights being amended so that the patent or correspondence with patent authorities pertaining application’s claims no longer cover any Product, such patent or patent application shall cease to any such Joint New be a Licensed Patent prior to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of Right and all activities rights and obligations with respect to such Joint New Patentspatent or patent application (including the license set forth in Section 2.2 and costs, including: [**]fees, prosecution, maintenance and enforcement) shall revert to Licensor. (2d) Upon Symphony Allegro shall not be responsible for the earlier to occur costs of Lxxxx’x exercise of its Option any opposition, interference or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred reexamination initiated by Licensor with respect to the Prosecution and maintenance of the applicable Companion DiagnosticProgram-Specific Joint Patent shall be borne by Lxxxx Patents (except to the extent allocated in the Development Budget), unless the Parties mutually agree in writing (i) that it is reasonably necessary or useful to file and prosecute such opposition, interference or reexamination in connection with such Program-Specific Patents to protect their interests in such Program-Specific Patents and (2ii) Lxxxx to a reasonable allocation of costs in the event that any Program-Specific Patents relate to Licensor’s business other than the Programs, which agreement will not be unreasonably withheld or delayed. In the event, however, that (x) Symphony Allegro does not agree to pay such costs (or its share of costs as reasonably allocated as set forth above) of such opposition, interference or reexamination and (y) Licensor successfully files and prosecutes or settles such opposition, interference or reexamination at its sole cost, then the licenses granted by Licensor to Symphony Allegro in Section 2.2 herein shall keep Telix reasonably informed of all activities immediately terminate with respect to such Companion Diagnosticthe specific Program-Specific Joint PatentsPatent that was the subject of such opposition, including: [**]interference or reexamination. (e) Each Party shall provide the prosecuting Party with reasonable cooperation under this Section 4.3.

Prosecution and Maintenance. (1a) Telix has, at Telix’s expense, subject The parties intend to Sections 11.2(c)(i)(2pursue broad patent protection for discoveries and inventions made under the Research Program. (b) Subject to subsections (c) and 11.2(c)(ii(d) below, with respect to (i) any Xxxxxx Patent Rights (including any Xxxxxx Patent Rights relating solely to Program Invention(s) made solely by Icagen that are solely owned by Xxxxxx as a result of an assignment thereof by Icagen to Xxxxxx pursuant to Section 4.2), and (ii) any Joint Patent Rights, Xxxxxx shall be responsible for and control all decisions and all costs and expenses related to whether and where to file for patent protection, as well as for the remainder preparation, filing (foreign and/or domestic), prosecution, issuance and maintenance of patent applications and/or patents covering such Xxxxxx Patent Rights and Joint Patent Rights according to Xxxxxx’x patent policies and procedures. (c) Subject to subsection (d) below, with respect to (i) any Icagen Patent Rights and (ii) any Joint Patent Rights relating solely to Joint Program Invention(s) that are solely owned by Icagen as a result of an assignment by Xxxxxx to Icagen of Xxxxxx’x interest therein pursuant to Section 3.3(a), Icagen shall be responsible for and control all decisions and all costs and expenses related to whether and where to file for patent protection, as well as for the preparation, filing (foreign and/or domestic), prosecution, issuance and maintenance of patent applications and/or patents covering such Icagen Patent Rights and Joint Patent Rights according to Icagen’s patent policies and procedures. (i) With respect to any Icagen Patent Rights or Joint Patent Rights for which Icagen has responsibility under subsection (c) but that relate solely to the composition of matter or use of a Development Compound or Product based thereon or comprised thereof that Xxxxxx is actively developing or commercializing in accordance with this Agreement, Xxxxxx shall have the right, upon prior written notice to Icagen, to assume responsibility for and to control all decisions and all costs and expenses related to whether and where to file for patent protection, as well as for the preparation, filing (foreign and/or domestic), prosecution, issuance and maintenance of patent applications and/or patents covering such Icagen Patent Rights and Joint Patent Rights according to Xxxxxx’x patent policies and procedures. (ii) With respect to any Xxxxxx Patent Rights or Joint Patent Rights for which Xxxxxx has responsibility under subsection (b) but that relate solely to the composition of matter or use of an Abandoned Compound or Product based thereon or comprised thereof that Icagen is actively developing or commercializing in accordance with this Agreement, Icagen shall have the right, upon prior written notice to Xxxxxx, to assume responsibility for and to control all decisions and all costs and expenses related to whether and where to file for patent protection, as well as for the preparation, filing (foreign and/or domestic), prosecution, issuance and maintenance of patent applications and/or patents covering such Xxxxxx Patent Rights and Joint Patent Rights according to Icagen’s patent policies and procedures. (iii) The party responsible for the preparation, filing and prosecution of patent applications under this Section 11.2(c)(i4.4 shall cooperate with the other party to segregate (e.g., by initially filing separate patent applications or by subsequently filing appropriate divisional or continuation patent applications), if practicable, from the inventions claimed in such patent applications any inventions of the other party that are distinct inventions and for which the responsible party would not have the right under this Agreement to assume such responsibility and control if such inventions were so segregated. If the parties are unable to segregate inventions claimed in any patent application as contemplated by the immediately preceding sentence, the parties shall cooperate to allocate enforcement rights between themselves with respect to any patent that issues from such patent application based on which party has the greatest commercial interest in the particular matter. In addition, where the JRC determines that Icagen has a greater commercial interest than does Xxxxxx in Joint Patent Rights for which Xxxxxx otherwise has or would have responsibility under subsection (b), the sole right JRC may shift responsibility for such Joint Patent Rights to Icagen. (e) The party responsible for preparation, filing, prosecution, issuance and obligation maintenance of patent applications and patents covering Xxxxxx Patent Rights, Icagen Patent Rights and Joint Patent Rights under subsections (b), (c) and (d) above shall provide timely notice and information concerning decisions related to control the preparation, filing, prosecution prosecution, issuance and maintenance of patent applications and patents covering such Xxxxxx Patent Rights, Icagen Patent Rights and Joint Patent Rights in sufficient time to allow the other party to provide comments and suggestions concerning such decisions. All such comments and suggestions shall be reasonably considered by the responsible party. In the event the responsible party elects not to file, prosecute or maintain any Xxxxxx Patent Rights, Icagen Patent Rights or Joint New Patents using patent counsel Patent Rights, such party shall provide sufficient advance notice of Telix’s choice that is reasonably acceptable such decision to Lxxxx. Telix the other party to enable such other party to file, prosecute or maintain such Xxxxxx Patent Rights, Icagen Patent Rights or Joint Patent Rights, and such other party shall use Commercially Reasonable Efforts have the right to Prosecute and maintain Joint New Patents in each of the Major Markets. Telix will provide Lxxxx with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Joint New Patent prior to any submission thereof to any such authority. Telix shall keep Lxxxx reasonably informed of all activities with respect to such Joint New Patents, including: [**]do so. (2f) Upon Each party shall inform the earlier to occur other party at regular intervals, or on written request, about the status of Lxxxx’x exercise of its Option all patent applications or termination of this Agreement, Lxxxx has, subject to Section 11.2(c)(ii) and the remainder of this Section 11.2(c)(i)(2), the sole right and obligation to control the preparation, filing, prosecution and maintenance of the Joint New Patents that Cover any Companion Diagnostic, but do not Cover any other product that patents for which it is not a Companion Diagnostic (“Companion Diagnostic-Specific Joint Patents”) using patent counsel of Lxxxx’x choice. Lxxxx shall use Commercially Reasonable Efforts to Prosecute and maintain Companion Diagnostic-Specific Joint Patents in each of the Major Markets. Lxxxx will provide Telix with a reasonable opportunity to review and comment on any filings or correspondence with patent authorities pertaining to any such Companion Diagnostic- Specific Joint Patent prior to any submission thereof to any such authority. Upon any such transfer of control of Prosecution to Lxxxx responsible under this Section 11.2(c)(i)(2), (A) all costs and expenses incurred with respect to the Prosecution and maintenance of the applicable Companion Diagnostic-Specific Joint Patent shall be borne by Lxxxx and (2) Lxxxx shall keep Telix reasonably informed of all activities with respect to such Companion Diagnostic-Specific Joint Patents, including: [**]4.4.