Trius Patents Sample Clauses

Trius Patents. Trius shall have the sole right, but not the obligation, to control and manage the preparation, filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of all Trius Patents in the Trius Territory, at its sole cost and expense and by counsel of its own choice. Trius shall keep Bayer reasonably informed of the status of filing, prosecution and maintenance of the Trius Patents in the Trius Territory, including, without limitation, by providing Bayer with copies of all significant communications received from or filed in patent office(s) in the Trius Territory with respect to Trius Patents, provided that in the event that the Trius Patents include any Patents owned by a Third Party to which Trius grants a license to commercialize Products in the Trius Territory, Trius will not be obligated to provide Bayer with copies of communications with patent office(s) in the Trius Territory relating to such Third Party licensee’s Patents to the extent it would constitute a breach of Trius’ confidentiality obligations to such Third Party licensee. Trius shall have the first right, but not the obligation (except as expressly set forth in the penultimate paragraph of this Section 7.2(a) with respect to Trius Patents in the Bayer Territory that are owned by Dong-A), to control and manage the preparation, filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of all Trius Patents in the Bayer Territory, using the same outside patent counsel used by Trius for Trius Patents in the Bayer Territory prior to the Effective Date, provided that if Bayer reasonably requests that, in any country of the Bayer Territory, Trius shall use Bayer’s preferred local patent counsel in such country instead of Trius’ current local patent counsel (if any) in such country. Bayer shall reimburse Trius for all external patent fees and costs incurred with respect to preparation, filing, prosecution and maintenance of Trius Patents in the Bayer Territory. Trius shall keep Bayer reasonably informed of progress with regard to the preparation, filing, prosecution and maintenance of Trius Patents in the Bayer Territory, including, without limitation, content, timing and jurisdiction of the filing of such Trius Patents, and shall consult with, and consider in good faith the requests and suggestions of, Bayer with respect to filing and prosecuting Trius Patents in the Bayer Territory. Without limiting the gen...
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Trius Patents. (i) Subject to the rights of Dong-A under the Dong-A Agreement, Bayer shall have the first right, but not the obligation, to bring and control any action or proceeding against a Third Party with respect to infringement of any Trius Patent in the Field in the Bayer Territory, at its own expense and by counsel of its own choice, and Trius shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. If Bayer fails to bring any such action or proceeding within (A) 120 days following the notice of alleged infringement, or (B) 30 days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, then Trius shall have the right to bring and control any such action, at its own expense and by counsel of its own choice, and Bayer shall have the right, but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. (ii) Trius shall have the sole right, but not the obligation, to bring and control any action or proceeding with respect to infringement of any Trius Patent: (A) in the Bayer Territory with respect to any infringing activity that is outside the Field; and (B) in the Trius Territory; in each case, at its own expense and by counsel of its own choice.
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Related to Trius Patents

  • Licensed Patents Immune Design, at its expense, shall have the first right to file, prosecute and maintain all Licensed Patents for which Immune Design has any exclusive rights under this Agreement using patent counsel reasonably approved by IDRI, including conducting any interferences, reexaminations, reissues, oppositions, or request for patent term extension relating thereto. Immune Design shall conduct such filing, prosecution and maintenance in good faith, taking into consideration IDRI’s retained rights hereunder, and consistent with reasonable business judgment, provide IDRI with all relevant or material documentation and proposed filing in the Territory so that IDRI may be concurrently and promptly informed of the continuing prosecution, and consult with IDRI with regards to Immune Design’s patent strategy with the Licensed Patents for which Immune Design has any exclusive rights under this Agreement. Licensed Patents in the name of IDRI shall remain in the name of IDRI. Immune Design shall use commercially reasonable efforts to ***, as applicable. To the extent such ***, Immune Design shall provide IDRI reasonable opportunity to review and comment on such prosecution efforts regarding such Licensed Patents in the Territory, and any IDRI comments will be reasonably considered in such prosecution efforts, and included to the extent affecting the IDRI Exclusive Field or IDRI Territory, as the case may be. If Immune Design determines in its sole discretion to abandon or not maintain any Licensed Patent for which Immune Design has any exclusive rights under this Agreement in the Territory, then Immune Design shall promptly provide IDRI with written notice of such determination at least sixty (60) days before any deadline for taking action to avoid abandonment and shall provide IDRI with the right, opportunity and reasonable assistance to prepare, file, prosecute and maintain such Licensed Patent in the applicable jurisdiction in IDRI’s sole discretion and at IDRI’s expense, provided that Immune Design shall provide such reasonable assistance at its own costs and expenses. If IDRI elects to prepare, file, prosecute and maintain such Licensed Patent in such jurisdiction for which Immune Design has any exclusive rights, then Immune Design’s license rights to such Licensed Patent in such country will become nonexclusive in such country under such Licensed Patent (and/or patent application). If IDRI desires Immune Design to file, in a particular jurisdiction, a Licensed Patent for which Immune Design has any exclusive rights under this Agreement that claims priority to another Licensed Patent for which Immune Design has any exclusive rights under this Agreement, IDRI shall provide written notice to Immune Design requesting that Immune Design file such patent application in such jurisdiction. If IDRI provides such written notice to Immune Design, Immune Design shall either (i) file and prosecute such patent application and maintain any patent issuing thereon in such jurisdiction and the Parties shall share the related costs and expenses (A) in countries *** on the basis of *** percent (***%) Immune Design: *** percent (***%) IDRI or (B) in countries within the IDRI Territory equally; or (ii) notify IDRI that Immune Design does not desire to file such patent application in such jurisdiction and provide IDRI with the opportunity to file and prosecute such patent application, provided that if IDRI files and prosecutes such patent application in such jurisdiction, then Immune Design’s license rights to such License Patent in such country will become nonexclusive in such country under such Licensed GLA Patent (and/or patent application). Immune Design shall be responsible for the costs and expenses incurred in connection with its own activities for filing, prosecuting and maintaining the Licensed Patents; IDRI shall be responsible for monitoring of such activities by IDRI.

  • Patent Rights The State and the U. S. Department of Transportation shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use any patents developed by the Engineer under this contract.

  • Trademarks, Patents Each of the Borrower and the Subsidiaries possesses or has the right to use all of the patents, trademarks, trade names, service marks and copyrights, and applications therefor, and all technology, know-how, processes, methods and designs used in or necessary for the conduct of its business, without known conflict with the rights of others.

  • Licensed Patent Rights The Licensee shall indemnify and hold the IC, its employees, students, fellows, agents, and consultants harmless from and against all liability, demands, damages, expenses, and losses, including but not limited to death, personal injury, illness, or property damage in connection with or arising out of:

  • Trademarks, Patents, Etc Schedule 2.1