Sole Legal Support. If a grantee Party wishes to generate in vitro data or in vivo data to support any of the grantee Party’s legal positions or defenses as part of any judicial and/or patent office proceeding or submission, then the grantee Party will obtain written permission from the grantor Party before undertaking any such action [***]. The grantee Party is obligated to share with the grantor Party all such data that are disclosed in connection with such judicial and/or patent office proceeding or submission and, to the extent reasonably possible, the Parties shall meet and discuss any such use and disclosure in good faith prior to such disclosure. Upon written notice to the grantee Party, the grantor Party may use such in vitro and in vivo data disclosed by the grantee Party solely to support [*** ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. a legal position or defense of the grantor Party in a judicial or patent office proceeding or submission; provided that (a) the grantor Party presents such data of the grantee Party in a manner that is not inconsistent with the grantee Party’s legal and technical arguments and (b) to the extent reasonably possible, the Parties shall meet and discuss any such use and disclosure in good faith prior to such disclosure. Although it is envisioned that the data provided by a grantee Party to the grantor Party under this Section 2.5.4 will publish as part of the judicial or patent office proceeding, if either Party wishes to publish such data of the grantee Party outside of such judicial or legal proceedings (for instance, in a scientific publication), the Party wishing to publish shall seek approval from the other Party through the publication review procedure set forth in Section 5.7. For clarity, patent office proceedings and submissions described in this Section 2.5.4 refer to proceedings such as USPTO inter partes review or EPO opposition proceedings and submissions, and specifically do not include filing of new patent applications or submissions to further the prosecution of a patent application owned solely by either Party, with the exception of an Alligator Patent or Aptevo Patent as provided in Section 11.5.3(b).
