Sole IP Sample Clauses
Sole IP. The following provisions of this Section 7.4(a) shall apply, subject to Section 7.4(c) (Enforcement of Coagulation Factor-Specific Claims within the Amunix Licensed Patents), to all Biogen Idec IP other than Biogen Idec Sole Collaboration IP and all Sobi IP other than Sobi Sole Collaboration IP, both of which, for clarity, are subject to Section 7.4(d).
(i) With respect to any actual or suspected infringement or misappropriation of the Owning Party’s IP applicable to a Product(s), the Owning Party shall have the initial right, but not the obligation, to initiate an appropriate suit against any Third Party who at any time is, or is suspected of, infringing the Owning Party’s Patent Rights anywhere in the world and the Owning Party shall have the sole right, but not the obligation, to initiate an appropriate suit against any Third Party who at any time is, or is suspected of, misappropriating the Owning Party’s Know-How anywhere in the world.
(ii) Subject to any contractual obligations to, or restrictions imposed by, the Owning Party’s Third Party licensors, in the event that the Owning Party does not, within six (6) months of written notice from the Non-Owning Party of a suspected infringement of the Owning Party’s Patent Rights relating to the development, manufacture, use or sale of a Competitive Product (a “Product-Related Infringement”), commence and vigorously and continuously pursue thereafter an action to enjoin such infringement, the Non-Owning Party shall be entitled to commence the action in its name or otherwise take appropriate steps to halt such alleged infringement after giving the Owning Party advance notice of its intent to file any such suit and the reasons therefor; provided, however, that the Non-Owning Party shall not take (nor permit any of its licensees or sublicensees to take) any action involving the enforcement of any of the Owning Party’s Patent Rights in any way that would be reasonably likely to directly and adversely affect their scope, validity or enforceability without the prior written consent of the Owning Party, which consent shall not be unreasonably withheld. For clarity, the mere fact that an enforcement action could lead to a counterattack on scope, validity or enforceability by the alleged infringer shall not be grounds for withholding such consent, unless the Owning Party has reasonable grounds for determining that there is a reasonable likelihood of an adverse outcome and communicates the basis for such determination...
Sole IP. MSI and ▇▇▇▇▇▇▇▇▇ each have the right to file, prosecute and maintain patents relating to any and all of their respective Sole IP, at the owner’s sole discretion and expense, with no obligation to inform or consult with the other except as expressly provided herein. Each party shall inform and consult with the other party in the prosecution and maintenance of such patents, and shall use commercially reasonable efforts to follow the comments provided by such other party.
Sole IP. The Party that solely owns the applicable Intellectual Property described in Section 12.1 (Definitions and Ownership) shall, at its sole discretion and expense, have the right (but not the obligation) to Prosecute and Maintain Patents that describe, cover or claim such owned Intellectual Property (each a “Sole Prosecuted Patent”) as further described in this Section 12.3 (Patent Prosecution).
Sole IP. Other than ADC Improvement IP and MDT Improvement IP, each Party shall own all right, title, and interest in any Intellectual Property developed, invented, discovered, reduced to practice, or created solely by or on behalf of such Party under this Agreement (“Sole IP”).
Sole IP. (i) Chelsea shall be responsible, at its expense, for the preparation, filing, prosecution (including any interferences, oppositions, reissue proceedings and reexaminations) and maintenance of Chelsea IP in its sole discretion and shall have no liability to Active Biotech for any failure to obtain a patent on the Chelsea IP or the failure to obtain a patent of commercially useful scope on the Chelsea IP. Active Biotech shall be responsible, at its expense, for the preparation, filing, prosecution (including any interferences, oppositions, reissue proceedings and reexaminations) and maintenance of Active Biotech IP in its sole discretion and shall have no liability to Chelsea for any failure to obtain a patent on the Active Biotech IP or the failure to obtain a patent of commercially useful scope on the Active Biotech IP.
(ii) If the Owning Party elects not to pursue the filing, prosecution or maintenance of the Active Biotech IP or the Chelsea IP, as applicable, in a particular country, then the Owning Party shall so notify the Non-Owning Party promptly in writing and in reasonable time to enable the Non-Owning Party to meet any deadlines by which an action must be taken to establish or preserve any such Active Biotech IP or Chelsea IP in such country. Upon receipt of each such notice from the Owning Party, the Non-Owning Party shall have the right, but not the obligation, to pursue the filing or support the continued prosecution or maintenance of such Active Biotech IP or Chelsea IP in such country. Any such action taken by the Non-Owning Party shall be in the name of the Owning Party and shall be at the Non-Owning Party’s expense.