Prosecution Maintenance and Enforcement. 8.2.1 ViroPharma shall have the first right, at its sole expense, to prepare, file, prosecute and maintain the Collaboration Supported Product Patents. ViroPharma shall give Halozyme an opportunity to review and comment on the text of each patent application included within the Collaboration Supported Product Patents before filing, shall supply Halozyme with a copy of such patent application as filed, together with notice of its filing date and serial number, and shall give Halozyme an opportunity to review and comment on the text of all correspondence received from any patent office. ViroPharma shall consider in good faith the interests of Halozyme in the prosecution of the Collaboration Supported Product Patents. Halozyme shall assist ViroPharma, upon request and at ViroPharma’s sole expense, and to the extent commercially reasonable, in connection therewith. If ViroPharma elects not to file any patent application included in the Collaboration Supported Product Patents in any country, or decides to abandon any such pending application or issued patent in any country, then ViroPharma shall provide written notice to Halozyme, and Halozyme shall have the right at its sole expense to assume control of the preparation, filing, prosecution and maintenance of such patent application or patent at its own expense.
8.2.2 ViroPharma shall have the first right to enforce the Collaboration Supported Product Patents against third party infringers. With respect to any infringement of the Collaboration Supported Product Patents by a third party, if ViroPharma fails to xxxxx such infringement or to file an action to xxxxx such infringement within ninety (90) days after a written request from Halozyme to do so, or if ViroPharma discontinues the prosecution of any such action after filing without abating such infringement, then Halozyme shall have the right to enforce the Collaboration Supported Product Patents against such third party infringer. With respect any action to enforce the Collaboration Supported Product Patents to xxxxx any infringement by a third party, all monies recovered upon the final judgment or settlement of any such action shall (a) first, be used to reimburse the costs and expenses (including reasonable attorneys’ fees and costs) of Halozyme and ViroPharma; and (b) second, (i) if ViroPharma brings such enforcement action, be treated as Net Sales, except for recovered punitive damages which are to be shared equally between the parties and (ii) if Haloz...
Prosecution Maintenance and Enforcement. All Licensed IP in existence as of the date hereof licensed or sublicensed under this Agreement is licensed or sublicensed as such Intellectual Property Rights exist as of the Effective Date and is subject to preexisting licenses granted thereunder. Nothing contained in this Agreement shall be construed as:
Prosecution Maintenance and Enforcement. Company acknowledges and agrees that this Agreement does not confer upon Company any rights or obligations with respect to the prosecution, maintenance and enforcement of the Licensed Patents.
Prosecution Maintenance and Enforcement. Biosite, at its sole expense, shall be responsible for and shall control the preparation, filing, prosecution, maintenance and enforcement of the Patent Rights.
Prosecution Maintenance and Enforcement. R-Pharm shall have the exclusive right to prepare applications for, prosecute, maintain, defend, and enforce, at its own costs, the R-Pharm Know How, Compound Agreement IP and any other Agreement IP solely owned by R-Pharm. OV shall have the exclusive right to prepare applications for, prosecute, maintain, defend, and enforce, at its own costs, any Agreement IP solely owned by OV. The Parties shall work in good faith to coordinate the prosecution, maintenance, defense, and enforcement of any Joint Agreement IP.
Prosecution Maintenance and Enforcement. The rights of each of Philips and SPE to prosecute, maintain and enforce the Licensed Xxxx Patents shall (solely for ease of reference and convenience) be as set forth in Sections 9.2, 9.4, 9.5, 12.1, 12.2, 12.5, 12.6 and 12.7 of the Xxxxxx-Xxxxxxx Agreement, with references to Xxxxxx in such sections deemed references to SPE, mutatis mutandis.
Prosecution Maintenance and Enforcement. 3.14.1 Campxxxx & Xlorxx XXX, or another intellectual property counsel with biotechnology expertise specifically in the field of human antibodies, shall be appointed by mutual agreement between the parties and retained as * CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION. the intellectual property counsel for the prosecution and maintenance of all patent applications and patents which claim Program Antibodies.
3.14.2 Bio-Management hereby assigns to Ixsys all right, title and interest in the Program Inventions and all patent rights and other intellectual property rights therein. Ixsys shall have the right, at its sole discretion, to control the preparation, filing, prosecution, maintenance and enforcement of all patent applications and patents which claim Program Inventions. Nothing in this Section 3.14.2 shall relieve Ixsys from its confidentiality obligations set forth in Article 5 below.
Prosecution Maintenance and Enforcement. AIF will have sole control over, and exclusive responsibility for, all prosecution and maintenance of the Licensed Patents, and any enforcement action taken against third parties in AIF’s sole discretion for infringement of the Licensed Patents. Licensee will reimburse AIF for all of AIF’s costs and expenses incurred in such prosecution, maintenance, or enforcement. AIF will invoice Licensee for such costs and expenses on a quarterly basis, and Licensee shall pay such invoiced amounts within thirty (30) days after the date of invoice. Licensee will promptly notify AIF if it becomes aware of any suspected infringement of the Licensed Patents by a third party.
Prosecution Maintenance and Enforcement. (a) As between the parties and subject to the provisions of this Section 2.5: (i) CTI shall have the sole right, to be exercised (or not exercised) in CTI’s sole discretion, as to (x) the prosecution and maintenance of the Product Patents and the Product Trademarks; (y) the conduct of any and all Actions in respect of any infringement of any of the Product Patents by a Person developing, making, using, offering for sale, selling or importing the Product or any Biosimilar Product in the United States for use of such Product or such Biosimilar Product by an end-user in the United States; and (z) the conduct of any and all Actions in respect of any infringement of any of the Product Trademarks in the United States; and (ii) CTI shall bear the cost of any such prosecution, maintenance and Actions; provided, however, that BIIB shall, as reasonably requested by CTI, provide reasonable cooperation and assistance to CTI in relation to any such prosecution, maintenance and Actions insofar as the same shall relate to the Product. Without limiting the foregoing, CTI shall pay all maintenance fees with respect to the Product Patents and the Product Trademarks.
(b) CTI shall not abandon, allow to lapse or disclaim any portion of the Product Patents or the Product Trademarks without (i) the prior written consent of BIIB (which shall not be unreasonably withheld, delayed or conditioned) and, (ii) with respect to the Product Patents, offering to assign any such Product Patent to BIIB without payment by BIIB to CTI. Notwithstanding the foregoing, in the event that CTI fails to take such action as is necessary to avoid the abandonment, lapse or disclaimer of any Product Patent within five (5) business days of the deadline therefor (“Imminent Lapse Date”) and BIIB has not consented in writing thereto, and CTI has not otherwise advised BIIB that it will take such action prior to the Imminent Lapse Date, then CTI hereby designates and appoints BIIB and each of its duly authorized officers and agents as CTI’s agents and attorneys-in-fact to act on CTI’s behalf to effect such action.
(c) Notwithstanding any provision herein to the contrary, as between the parties: (i) BIIB shall have the sole right, to be exercised (or not exercised) in BIIB’s sole discretion, as to the conduct of any and all Actions in respect of any infringement of any of the Product Patents by a Person developing, making, using, offering for sale, selling or importing (x) anything (including any product) othe...
Prosecution Maintenance and Enforcement. 3.14.1 [***] *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. [***]
3.14.2 Bio-Management hereby assigns to Ixsys all right, title and interest in the Program Inventions and all patent rights and other intellectual property rights therein. Ixsys shall have the right, at its sole discretion, to control the preparation, filing, prosecution, maintenance and enforcement of all patent applications and patents which claim Program Inventions. Nothing in this Section 3.14.2 shall relieve Ixsys from its confidentiality obligations set forth in Article 5 below.
