Prosecution Rights Sample Clauses
The Prosecution Rights clause defines which party has the authority to initiate and control legal actions, particularly regarding the enforcement of intellectual property rights such as patents or trademarks. Typically, this clause outlines the procedures for deciding who may file lawsuits, manage litigation, or settle disputes related to infringements, and may specify notification requirements or cost-sharing arrangements. Its core function is to clarify and allocate the responsibility for protecting legal rights, thereby preventing disputes between parties over who can take action and ensuring that enforcement efforts are coordinated and effective.
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Prosecution Rights. (a) iTolerance shall have the right, but not the obligation, to prepare, file, prosecute, maintain and enforce, under its exclusive control and at its expense, any Patents constituting or claiming, disclosing or otherwise covering any iTolerance IP or other Intellectual Property of iTolerance. Kadimastem shall (a) cooperate in good faith to assist iTolerance in such preparation, filing, prosecution and maintenance of Patents claiming, disclosing or otherwise covering iTolerance IP developed in connection with the R&D Project; and (b) sign and deliver all documents and information as may be reasonably required to prepare, file, register, maintain and enforce such Patents and other Intellectual Property constituting such iTolerance IP to the extent relating to the R&D Project and thereby perfect the rights of iTolerance in iTolerance IP.
(b) Kadimastem shall have the right, but not the obligation, to prepare, file, prosecute, maintain and enforce, under its exclusive control and at its expense, any Patents constituting or claiming, disclosing or otherwise covering any Kadimastem IP or other Intellectual Property of Kadimastem. iTolerance shall (a) cooperate in good faith to assist ▇▇▇▇▇▇▇▇▇▇ in such preparation, filing, prosecution and maintenance of Patents claiming, disclosing or otherwise covering Kadimastem IP developed in connection with the R&D Project; and (b) sign and deliver all documents and information as may be reasonably required to prepare, file, register, maintain and enforce such Patents and other Intellectual Property constituting such Kadimastem IP to the extent relating to the R&D Project and thereby perfect the rights of Kadimastem in Kadimastem IP.
Prosecution Rights. On and after the Closing Date, the expenses for prosecuting each Covered Patent (including without limitation any taxes, annuities and maintenance fees for any pending application and/or issued patent corresponding to each Covered Patent), and for the issuance of the respective patent shall be borne by NetRatings. JMM agrees to furnish NetRatings with all documents and other assistance, as such may be necessary, for the prosecution of each application. JMM agrees that it will not challenge the validity or enforceability of the Covered Patents, and will not assist, assign or cooperate, directly or indirectly, in (i) challenging the validity or enforceability of any claims of the Covered Patents in any action or (ii) defending any third party in an infringement action asserted by NetRatings related to the Covered Patents.
Prosecution Rights. Sony shall have the sole right to commence ------------------ and conduct all proceedings relating to the Trademark, and without restricting the generality of the foregoing, Sony shall at its own expense and its own sole discretion, prosecute, defend or settle all suits or proceedings arising out of any claim of unfair competition, passing-off or infringement of the copyright or trademark rights in the Trademark or any other claims made by any third parties in connection with the Trademark; provided, however, that Sony shall prosecute any such claim or proceeding which involves infringement of the Trademark by a third party where such infringement consists of unauthorized use of the Trademark in connection with a movie theater or theaters, unless Sony in its reasonable judgment determines not to do so, and that LTM shall give Sony prompt written notice of suits or threats of suits concerning these matters against LTM, the Subsidiaries or Sony. LTM agrees to cooperate, and LTM agrees to have the Subsidiaries cooperate, at Sony's cost, in any reasonable manner deemed necessary by Sony, in the prosecution, defense or settlement of any suits or proceedings as referred to herein. Nothing contained herein shall be construed as obligating Sony to bring or defend any proceedings in respect of the Trademark.
Prosecution Rights. (a) [***].
(b) The Parties will, through the JSC, designate which of them shall be the Rights Owner with respect to Foreground IP. The Rights Owner will, acting through patent counsel or agents mutually acceptable to the Parties, shall be responsible for the preparation, filing, prosecution and maintenance of such Patent Rights, with the expense of such preparation, filing, prosecution and maintenance shared by the Parties equally.
(c) At the Rights Owner’s request, the other Party shall cooperate with and assist the Rights Owner in all reasonable respects, in connection with the Rights Owner’s preparation, filing, prosecution (including review and comments regarding responses to office actions and/or official actions from worldwide patent offices) and maintenance of such Patent Rights.
Prosecution Rights. As between the Parties, Lilly, at its sole expense, shall be primarily responsible for the Patent Prosecution of all Lilly Patent Rights, Aduro Patent Rights, and Joint Patent Rights. Aduro shall cooperate with and assist Lilly in all reasonable respects in connection with Lilly’s Patent Prosecution of such Patent Rights. If Lilly decides to cease prosecution or to allow to lapse any Lilly Patent Right, Aduro Patent Right, or Joint Patent Right, it shall inform Aduro of such decision or cessation promptly and, in any event, so as to provide Aduro a reasonable amount of time to meet any applicable deadline to establish or preserve such Patent Rights. Aduro shall have the right, but not the obligation, to assume sole responsibility for continuing the prosecution of such Patent Rights and paying any required Patent Costs to maintain such Patent Rights or defend such Patent Rights; provided that Aduro shall not have the right to continue prosecuting any such Patent Rights to the extent that Lilly’s notice pursuant to the foregoing sentence states that Lilly is ceasing such prosecution to benefit the Product and provides a commercially reasonable justification for such strategy. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Prosecution Rights. CTI will have the sole right, but not the obligation, to, at its own expense, prosecute any Patent claiming any Pre-Existing Invention, Sponsored Research Invention, or any Hope Heart Oncology Invention. The Hope hereby irrevocably designates CTI and its agents as The Hope’s agents and its attorneys-in-fact to act for and on its behalf and instead of it, to execute and file any such document and to do all other lawfully permitted acts to further the prosecution and issuance of Patents. CTI shall consult with The Hope regarding the prosecution of any such Patent applications by providing The Hope a reasonable opportunity to review and comment on all proposed submissions to any patent office before submittal; provided, however, that CTI shall have no obligation to implement or incorporate any such comments other than to consider them in good faith. In the event The Hope wishes CTI to prosecute such a Patent outside the Field of Oncology and Supportive Care Applications, The Hope may request that CTI do so, and CTI may determine, in its reasonable discretion, whether it wishes to do so. If CTI declines to do so, the parties shall cooperate to allow The Hope to prosecute such Patent at its own expense. The Hope shall, and shall cause its agents and employees to, furnish CTI with all documents and other assistance, as such may be necessary, for the prosecution of each application.
Prosecution Rights. (a) As of the Effective Date, pursuant to section 7.1 of the Penn Other Fields License Agreement, Penn controls the preparation, prosecution and maintenance of the Penn Patent Rights (as defined in the Penn Other Fields License Agreement) and the selection of patent counsel, with input from Apellis.
(b) As between the Parties, Apellis will have the first right (but not the obligation) to prepare, file, prosecute, and maintain (collectively, “Prosecute”) (i) all Apellis Patent Rights, other than Joint Patent Rights, in Apellis’ name and (ii) all Joint Patent Rights in both Parties’ names. Subject to Section 11.5.3(f) (Additional Covenants of Apellis), in the event that Apellis declines to Prosecute any Apellis Patent Rights, other than Joint Patent Rights, in the Sobi Territory or any Joint Patent Rights, it shall give Sobi reasonable notice to this effect, sufficiently in advance to permit Sobi to undertake such Prosecution in any applicable country without a loss of rights, and thereafter Sobi may, upon written notice to Apellis, Prosecute such Patent Rights in the owning Party(ies)’ name(s).
(c) As between the Parties, Sobi will have the sole right (but not the obligation) to Prosecute the Sobi Patent Rights, other than Joint Patent Rights, in Sobi’s name.
(d) The Party Prosecuting any given Apellis Patent Rights or Sobi Patent Rights (for the avoidance of doubt, including Joint Patent Rights) (the “Prosecuting Party”) shall keep the other Party reasonably informed as to material developments with respect to the Prosecution of such Patent Rights that encompass any Product specifically or generically. The Prosecuting Party shall (i) provide the other Party the timely opportunity to have reasonable input into the strategic aspects of such Prosecution and shall consider such other Party’s input with respect to such strategic aspects in good faith, (ii) promptly provide to the other Party drafts of all material patent-related filings and communications related to such Patent Rights, including copies of office actions or other correspondence that the Prosecuting Party receives from any patent office, drafts of office action responses, and other material correspondence that the Prosecuting Party provides to any patent office, and copies and drafts of all interferences, reissues, re-examinations, oppositions, and requests for Patent Term Extensions, in each case, for such other Party’s review and comment, and (iii) consider in good faith any reasonable comments...
Prosecution Rights