Protection of Patent Rights. 12.01 Dainippon shall at its own expense and responsibility maintain the Patent Rights in the Territory, and agrees to take any necessary steps to extend the patent term of the Patent Rights as reasonably requested by Sunesis. Sunesis shall cooperate, and have the Sublicensee(s) cooperate, with Dainippon in extension of patent term of the Patent Rights and at the request and expense of Dainippon, shall take any necessary steps to extend the patent term of the Patent Rights on behalf of Dainippon. Additionally, Dainippon agrees to keep Sunesis informed regarding the status and maintenance of the Patent Rights and the prosecution of any patent applications therein by updating Schedule 1.17, and without limiting the foregoing shall not allow any patent or patent application within the Patent Rights to lapse without Sunesis’ mutual consent.
12.02 Each party shall inform the other party promptly when it becomes aware that a third party is infringing or attempting to infringe the Patent Rights.
12.03 Dainippon is not obliged to indemnify Sunesis, its Affiliate(s) and the Sublicensee(s) for any damage or loss caused from infringement by any third party of the Patent Rights, but Dainippon shall grant Sunesis the first right, but not the obligation, to institute, by itself or through Sunesis’ designee, at its expense, such action, suit or proceeding as Sunesis may consider necessary to stop the infringement (hereinafter referred to as “Enforcement Action”). If within ninety (90) days after Dainippon has requested Sunesis to initiate a suit with respect to a particular alleged infringement, Sunesis has failed by itself or through its designee to initiate an Enforcement Action to stop the infringement or use reasonable efforts to settle such infringement, then Dainippon shall be entitled, but have no obligation, to initiate an Enforcement Action at its expense against the infringing party. The party initiating an Enforcement Action (hereinafter [*] Certain information on this page has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. referred to as the “Enforcing Party”) shall control such action, provided that the other party (hereinafter referred to as the “Non-Enforcing Party”) shall have the right to participate therein with advisory counsel of its own choice at its own expense. All recoveries received from an action to enforce the Patent Rights shall be ...
Protection of Patent Rights. As between the Parties, TYME shall have the sole right (but not the obligation), as determined by TYME in its sole discretion, to (i) prosecute and maintain the TYME Patent Rights and/or (ii) protect, enforce and defend the TYME Patent Rights. Eagle shall give notice to TYME of any misappropriation or infringement of, or challenge to, the validity or enforceability of the TYME Patent Rights promptly after learning of such misappropriation or infringement or challenge. If TYME institutes an action against Third Party infringers or takes action to stop the misappropriation or infringement of the TYME Patent Rights, Eagle shall reasonably cooperate with TYME, at TYME’s cost and expense. Any recovery obtained by TYME as a result of such proceeding or other actions, whether obtained by settlement or otherwise, shall be retained by TYME. Eagle shall not have any right to institute any action to defend or enforce the TYME Patent Rights.
Protection of Patent Rights. 10 4.4 Allegations of Infringement by Third Parties.. . . . . . .10
Protection of Patent Rights. 3.1 LifeNexus will affix appropriate patent markings pursuant to 35 U.S.C. § 287 (a) to any products claimed by any issued patent in the Patent Portfolio.
3.2 LifeNexus will only use the patents in the Patent Portfolio in accordance with applicable federal, state and local laws and regulations.
3.3 LifeNexus will promptly notify Lifestream if it becomes aware of any entity that is apparently infringing a patent in the Patent Portfolio.
3.4 Lifestream will promptly notify LifeNexus if it becomes aware of any entity that is apparently infringing a patent in the Patent Portfolio within the Licensed Field of Use.
3.5 Neither party will be required by this Agreement to become a party to any dispute, litigation, or administrative proceeding of any kind.
Protection of Patent Rights. As between the Parties, G1 shall have the sole right (but not the obligation), as determined by G1 in its sole discretion, to (a) prosecute and maintain the G1 Patent Rights and (b) protect, enforce and defend the G1 Patent Rights. BI shall give notice to G1 of any misappropriation or infringement of, or challenge to, the validity or enforceability of the G1 Patent Rights promptly after learning of such misappropriation or infringement or challenge. If G1 institutes an action against Third Party infringers or takes action to stop the misappropriation or infringement of the G1 Patent Rights, BI shall reasonably cooperate with G1, at [***] cost and expense. Any recovery obtained by G1 as a result of such proceeding or other actions, whether obtained by settlement or otherwise, shall be retained by G1. BI shall not have any right to institute any action to defend or enforce the G1 Patent Rights.
Protection of Patent Rights. (a) The Inventor shall keep the other party currently informed of all steps to be taken in the preparation, prosecution and maintenance of all of its patents and patent applications now or hereafter existing which claim such Invention and shall furnish the other party with copies of patents and applications, amendments thereto and other
Protection of Patent Rights. Throughout the Primary Term and any Renewal Period, Licensor will apply for, perfect, obtain and/or otherwise refile, in all applicable jurisdictions, for all patents, modifications, enhancements, improvements, and other related intangible rights with respect to the Patent Rights and the Retractable Syringe technology, and will authorize and empower Licensee, or its designee, to do so on its behalf and to take such other and further action that may be necessary or desirable to apply for, perfect, obtain and/or otherwise refile the same PROVIDED Licensee shall not be obligated to incur or pay for any filing fees and/or related charges in connection with such action in excess of SIX THOUSAND AND NO/100 DOLLARS ($6,000) in the aggregate. Licensor agrees to cooperate with Licensee and to take all reasonable steps necessary to prevent the infringement or suspected infringement of the Patent Rights by any third party. In furtherance thereof, Licensee shall have the right, in its sole discretion, to commence and prosecute with reasonable diligence causes of action, whether at law or equity, against third parties for infringement of the Patent Rights in its own name and in the name of Licensor, and Licensor agrees to assist and cooperate fully with Licensee as Licensee may reasonably request in connection with the prosecution of any such cause of action. It is further understood and agreed by Licensor and Licensee that Licensee shall be entitled to all damages, proceeds or recoveries resulting from such causes of action.
Protection of Patent Rights. (a) The Inventor shall keep the other party currently informed of all steps to be taken in the preparation, prosecution and maintenance of all of its patents and patent applications which claim an Invention and shall furnish the other party with copies of patents and applications, amendments thereto and other related correspondence relating to such Invention to and from patent offices and permit the other party to offer its comments thereon before the Inventor makes a submission to a patent office which could materially affect the scope or validity of the patent coverage that may result. The non-Inventor party shall offer its comments promptly. Onyx and Warner shall each promptly notify the other of any infringement and/or unauthorized use of an Invention which comes to its attention.
(b) The non-Inventor party may request in writing that the Inventor take specific, reasonable actions to (i) prepare, file or prosecute a patent application with respect to an Invention, (ii) maintain any patents issued with respect to an Invention, (iii) [**] Confidential Treatment Requested
Protection of Patent Rights. 4.1 CFS (or its principal Xxxxx Xxxxxxxxxxx), in RGGL's name (or assigned to RGGL) and at RGGL's expense, agrees to apply for any and all patents ( two at the minimum) in relation to the Technology, and to maintain patent protection in the United States and in those foreign countries deemed appropriate.
4.2 Any inventions or improvements relating to the Technology made jointly or separately by employees or consultants of CFS and RGGL and its Affiliates after the Effective Date of this Agreement shall be considered the property of RGGL, and in any event, shall be transferred to RGGL under the terms of this Agreement.
Protection of Patent Rights
