Solely Owned Inventions. Each Party, in its sole discretion and at its sole expense, has the right (but not the obligation) to Prosecute and Maintain any Patents for Collaboration Inventions that such Party solely owns, including the right to use Study Data and Sample Data in such Prosecution and Maintenance.
Solely Owned Inventions. Each Party shall exclusively own all right, title and interest in and to all inventions made or conceived solely by the employees, agents, consultants or contractors of such Party or its Affiliates in the course of performing its activities under this Agreement.
Solely Owned Inventions. Subject to 14.4.3 below, in the event that any Background Technology or Collaboration Technology solely owned by a Party (collectively "Technology") necessary for manufacture, use and sale of a Collaboration Product is infringed or misappropriated by a third Party in any country in the Territory, or is subject to a declaratory judgment action arising from such infringement in such country, Warner or GenVec, as the case may be, shall promptly notify the other Party hereto. The Party which owns or Controls such Technology (the "Technology Owner") shall have the initial right (but not the obligation) to enforce such Technology, or defend any declaratory judgment action with respect thereto, at its expense. In the event that the Technology Owner fails to initiate a suit to enforce such Technology against a commercially significant infringement in the Field by a Third Party in any jurisdiction in the Territory within * of a request by the other Party (the "Licensee") to do so, the Licensee may, subject to the Technology Owner's agreements with Third Parties, initiate such suit in the name of the Technology Owner of such Technology against such infringement, at the expense of such Licensee. In the event that the Technology Owner's agreements with a Third Party do not allow the other Party hereto to initiate a suit as described above to enforce the Technology against a Third Party infringer, then the Technology Owner shall be obligated to commence such a suit and use diligent efforts in connection therewith or obtain for the Licensee the right to commence suit against the infringer. The Party involved in any such claim, suit or proceeding, shall keep the other Party hereto reasonably informed of the progress of any such claim, suit or proceeding. Any recovery by such Party received as a result of any such claim, suit or proceeding shall be used first to reimburse such Party for all expenses (including attorneys and professional fees) incurred in connection with such claim, suit or proceeding and if the Party initiating the suit is the Technology Owner of the subject Technology, all of the remainder shall be retained by such Technology Owner, and if the Party initiating the suit is the Licensee, * of the remainder shall be paid to the Technology Owner of the subject Technology and * retained by the Licensee.
Solely Owned Inventions. Coherus shall have sole discretion and responsibility to prepare, file, prosecute, and maintain any and all Patents and Patent Applications within the Coherus Patent Rights. Licensee shall have sole discretion and responsibility to prepare, file, prosecute, and maintain any and all Patents and Patent Applications within the Licensee Patent Rights. At least sixty (60) days prior to the contemplated filing date of any Patent Application in the Territory claiming a Party’s solely-owned Invention, such Party [***], [***], and [***], and shall [***] with respect to such Patent Application. Licensee shall [***] pursuant to this Section 8.4(a) for Patents and Patent Applications within the Licensee Patent Rights, and Coherus shall [***] pursuant to this Section 8.4(a) for Patents and Patent Applications within the Coherus Patent Rights.
Solely Owned Inventions. Any party that solely owns any patentable Invention shall have the right, at its option and expense, to prepare, file and prosecute any patent applications or other appropriate filings with respect to such Invention and to maintain any patents issued thereon, copyrights or other similar rights.
Solely Owned Inventions. Subject to the terms of the Invention Classification Agreement executed by the Parties concurrently with this Agreement, BMX shall be responsible for the filing, prosecution and maintenance of all patents and patent applications claiming BMX Technology and all patent applications and patents covering any BMX Derivative Inventions at BMX's sole expense. Subject to the terms of the Invention Classification Agreement executed by the Parties concurrently with this Agreement, GP shall be responsible for the filing, prosecution and maintenance of all patent applications and patents claiming GP Technology and all patent applications and patents covering any GP Derivative Inventions at GP's sole expense. The inventing Party shall keep the other Party informed of progress with regard to the filing, prosecution, maintenance, enforcement and defense of patents applications and patents claiming any Derivative Invention. No Party shall include any Confidential Information of the other Party in any patent application without the express written consent of the other Party.
Solely Owned Inventions. BioGenerics shall have sole discretion and responsibility to prepare, file, prosecute, and maintain any and all Patents and Patent Applications solely claiming Inventions within the BioGenerics Patent Rights and any and all other Patents and Patent Applications within the BioGenerics Patent Rights, and shall be responsible for [***] proceedings. Licensee shall have sole discretion and responsibility to prepare, file, prosecute, and maintain any and all Patents and Patent Applications solely claiming Inventions within the Licensee Patent Rights, and shall be responsible for [***] proceedings. The Parties shall file any such Patent Application outside of the United States before any oral, written, or electronic disclosure of the Inventions claimed therein to maintain the validity of such Patents and Patent Applications. At [***] 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. least sixty (60) days prior to the contemplated filing date of any Patent Application in the Territory claiming its solely-owned Invention, each Party shall [***], [***], and [***], and shall [***] with respect to such Patent Application. Licensee shall [***] pursuant to this Section 8.4(a) for Patents and Patent Applications within the Licensee Patent Rights, and BioGenerics shall [***] pursuant to this Section 8.4(a) for Patents and Patent Applications within the BioGenerics Patent Rights.
Solely Owned Inventions. (i) As between Durect and Zogenix, Zogenix shall have the exclusive right to and may prepare, prosecute and maintain any or all Zogenix Technology Patents and Zogenix solely invented Other Project Technology (including their issuance, reissuance, reexamination and the defense of any interference, revocation or opposition proceedings) at [* * *].
Solely Owned Inventions. Each Party is responsible for filing, prosecuting and maintaining patent applications and resulting patents on any invention owned solely by it pursuant to Section 13.1 at their own cost; provided, however, that Avecia shall permit Genta to review and comment on any such patent filings of Avecia (including, without limitation, applications and responses to office actions) prior to submission to the relevant patent offices.
Solely Owned Inventions. (a) Roche shall, at its sole discretion and expense, prosecute any and all patent applications within the Roche Technology that are solely owned by Roche, to obtain patents thereon and to maintain all such patents, in countries of its choice, using patent counsel of its choice. Interferences, nullification proceedings, reexaminations, reissues and oppositions shall be considered a part of the prosecution and maintenance of the Roche Patent Rights.
