Prosecution of Patents. Licensed Patents shall be prosecuted and maintained in the Territory by Gilead using diligent efforts, at Gilead's expense, except as otherwise provided in this Section 6.14(a). If Gilead reasonably determines that it has no material or commercially useful application for a Licensed Patent, then EyeTech shall have the right to have Gilead prosecute and maintain such Licensed Patents or file for such patent term extension therefor at EyeTech's sole expense. EyeTech shall bear all reasonable costs of any inter partes patent proceeding, including without limitation oppositions, interferences or contested re-examinations, which proceeding shall be conducted under the control of Gilead.
Appears in 3 contracts
Samples: Licensing Agreement (Eyetech Pharmaceuticals Inc), Licensing Agreement (Eyetech Pharmaceuticals Inc), Licensing Agreement (Osi Pharmaceuticals Inc)
Prosecution of Patents. Licensed Patents shall be prosecuted and maintained in the Territory by Gilead using diligent efforts, at Gilead's ’s expense, except as otherwise provided in this Section 6.14(a). If Gilead reasonably determines that it has no material or commercially useful application for a Licensed Patent, then EyeTech shall have the right to have Gilead prosecute and maintain such Licensed Patents or file for such patent term extension therefor at EyeTech's ’s sole expense. EyeTech shall bear all reasonable costs of any inter partes patent proceeding, including without limitation oppositions, interferences or contested re-examinations, which proceeding shall be conducted under the control of Gilead.
Appears in 1 contract
