Right to Prosecute. As between the Parties, Partner will have the right to control the Patent Prosecution of all Partner Collaboration Patent Rights throughout the world. Partner will be responsible for [***]% of the costs and expenses incurred with respect to the Patent Prosecution of such Patent Rights throughout the world.
Right to Prosecute. Voxeljet acknowledges that Z Corp. and M.I.T. shall have the right, but shall not be obligated, to prosecute at their own expense all infringements of the M.I.T. Patents. Z Corp. shall have the right, but shall not be obligated, to prosecute at its own expense all infringements of the Z Corporation Patents. [***] 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.
Right to Prosecute. (a) In the event of infringement by a third party of any patent under the Licensed Patent Rights within the Licensed Field, WANG may elect, at his own expense, to enforce such Licensed Patent Rights against the infringers by appropriate legal proceedings or otherwise. Any and all recoveries by way of royalties. damages or settlement shall go to WANG. Licensee will cooperate with WANG and execute any documents necessary for WANG to exercise WANG's rights under this clause.
(b) In the event of infringement by a third party as described in Section 6.2(a) above, if WANG shall fail to proceed against any such infringer within ninety (90) days after receipt of a written request by Licensee to do so or if WANG shall fail to exercise due diligence in proceedings instituted pursuant to Section 6.2(a) above, then Licensee, in its own discretion and at its own expense, may prosecute the infringer in the name of WANG. Any and all recoveries by way of royalties, damages or settlement shall be divided by Licensee and WANG as follows: 95% to Licensee and 5% to WANG.
Right to Prosecute. ESG shall have the right, but shall not be obligated, to prosecute at its own expense all infringements of the Patent Rights and, in furtherance of such right, Viking hereby agrees that ESG may include Viking as a party plaintiff in any such suit, without expense to Viking. The total cost of any such infringement action commenced or defended solely by ESG shall be borne by ESG and ESG shall keep any recovery or damages derived therefrom, whether compensatory for past infringement or punitive.
Right to Prosecute. MIT shall have the right, but not the obligation, to prosecute at its own expense all infringements of the PATENT RIGHTS. The total cost of any such infringement action commenced or defended solely by MIT shall be borne by MIT, and MIT shall keep any recovery or damages derived therefrom, whether compensatory for past infringement or punitive.
Right to Prosecute. As between the Parties, Ionis will have the (i) first right, in its sole discretion, to control the Patent Prosecution of all Ionis Product-Specific Patents in the Otsuka Territory and all Joint Collaboration Patent Rights worldwide, and (ii) sole right, in its sole discretion, to control the Patent Prosecution of all (A) Ionis Product-Specific Patents in the Ionis Territory, and (B) Ionis Core Technology Patents and Ionis Manufacturing and Analytical Patents, in each case, worldwide (collectively, ((i) and (ii)), the “Ionis Prosecuted Patent Rights”). Upon Xxxxx’ request, Otsuka will obtain any necessary assignment documents for Ionis with respect to the Patent Prosecution of Ionis Prosecuted Patent Rights, will render all signatures that will be necessary for such patent filings, and will assist Ionis in all other reasonable ways that are necessary for the issuance of Ionis Prosecuted Patent Rights as well as for the Patent Prosecution of Ionis Prosecuted Patent Rights, and Xxxxx will reimburse Otsuka’s reasonable External Costs incurred in connection therewith. Ionis will be responsible for [***] of the costs and expenses incurred with respect to the Patent Prosecution of all Ionis Product-Specific Patents, Ionis Core Technology Patents and Ionis Manufacturing and Analytical Patents throughout the world and for [***] of the costs and expenses incurred with respect to the Patent Prosecution of Joint Collaboration Patent Rights in the Ionis Territory. Otsuka will be responsible for [***] of the reasonable out-of-pocket costs incurred by or on behalf of Ionis with respect to the Patent Prosecution of the Joint Collaboration Patent Rights in the Otsuka Territory (including any maintenance fees owed to local patent offices for the Joint Collaboration Patent Rights in the Otsuka Territory), and Otsuka will reimburse Ionis for such costs within [***] after receiving an invoice with reasonable supporting documentation for such costs.
Right to Prosecute. As between the Parties, Otsuka will have the first right to control the Patent Prosecution of all Otsuka Patent Rights throughout the world. Otsuka will be responsible for [***] of the costs and expenses incurred with respect to the Patent Prosecution of such Patent Rights throughout the world.
Right to Prosecute. As between the Parties, Kiniksa or its Affiliate will have the first right, in its sole discretion, to control the Patent Prosecution of all Kiniksa Patent Rights throughout the world. Partner will obtain any necessary assignment documents for Kiniksa with respect to the Patent Prosecution of such Patent Rights, will render all signatures that will be necessary for such patent filings, and will assist Kiniksa or its Affiliate in all other reasonable ways that are necessary for the issuance of such Patent Rights as well as for the Patent Prosecution of such Patent Rights. Partner will be responsible for [***]% of the reasonable out-of-pocket costs incurred by or on behalf of Kiniksa or its Affiliate with respect to the Patent Prosecution of such Patent Rights in the Territory, and will reimburse Kiniksa for such costs within [***] days after receiving an invoice with reasonable supporting documentation for such costs.
Right to Prosecute. As between the Parties, Licensor or its Affiliate will have the sole right to control the Patent Prosecution of the Licensor Patent Rights and Patent Rights claiming Joint IP (the “Licensor Prosecuted Patent Rights”) worldwide. Such Patent Prosecution will be at Licensor’s sole expense, except any maintenance fees imposed by the Japan Patent Office shall be solely borne by Licensee.
Right to Prosecute. Except as set forth in Section 12.5.2(b) (Partner First Right), uniQure will have the first right to control the Patent Prosecution of any uniQure Product Patent Rights in the Territory, at uniQure’s sole cost and expense. uniQure will use reasonable efforts in connection with such Patent Prosecution to obtain and maintain any granted claims.
