Unified Patent Court. In respect of BioNTech Enforcement Patent Rights, for each and every such Patent Right having effect anywhere within any member state that was or is, from time to time, a signatory to the UPC Agreement, BioNTech shall have the sole discretion to decide whether to (a) opt in or opt out (and to opt in again), pursuant to Article 83 of the UPC Agreement, of the Unified Patent Court system; and (b) elect if such Patent Rights should, during their prosecution, be designated as a Unitary Patent or a European Patent. The other Party shall promptly do all things necessary and execute all documents and make all necessary elections required to give effect to such decision(s) or election(s).
Unified Patent Court. In respect of BioNTech Patent Rights, Research Program Patent Rights, Product Patent Rights and Pfizer Patent Rights, for each and every such Patent Right having effect anywhere within any member state that was or is, from time to time, a signatory to the UPC Agreement, the Party in control of the filing, prosecution and maintenance of such Patent Right (as determined in accordance with Section 7.3.1) shall have the sole discretion to decide whether to (i) opt in or opt out (and to opt in again), pursuant to Article 83 of the UPC Agreement, of the Unified Patent Court system; and (ii) elect if such Patent Rights should, during their prosecution, be designated as a Unitary Patent or a European Patent. The other Party shall promptly do all things necessary and execute all documents and make all necessary elections required to give effect to such decision(s) or election(s).
Unified Patent Court. In the event that Unified Patent Court Agreement enters into force during the Term of this Agreement, Akebia will be solely responsible for making all decisions regarding Patents, including decisions regarding the opting-out or opting-in of existing European Patents into the jurisdiction of the Unified Patent Court or the registration of European Patents with Unitary Effect; provided that Akebia will consult with Licensee with respect to such decisions and will consider the comments and concerns of Licensee in good faith.
Unified Patent Court. A Unified Patent Court for the settlement of disputes relating to Euro- pean patents and European patents with unitary effect is hereby established. The Unified Patent Court shall be a court common to the Contracting Member States and thus subject to the same obligations under Union law as any national court of the Contracting Member States.
Unified Patent Court. Opt-Out and Withdrawal of Opt-Out;
Unified Patent Court. If the Unified Patent Court Agreement enters into force during the Term of this Agreement, then Roche will be solely responsible for making all decisions regarding Patent Rights, including decisions regarding the opting-out or opting-in of existing Patent Rights into the jurisdiction of the Unified Patent Court or the registration of Patent Rights with Unitary Effect; provided that Roche will consult with Sarepta with respect to such decisions and will consider the comments and concerns of Sarepta in good faith.
Unified Patent Court. Otsuka will be solely responsible for making all decisions regarding the opting-out or opting-in of existing Patent Rights into the jurisdiction of the Unified Patent Court or the registration of Patent Rights with Unitary Effect; provided that Otsuka will consult with Xxxxx with respect to such decisions and will consider the comments and concerns of Ionis in good faith.
Unified Patent Court. In the event that Unified Patent Court Agreement enters into force during the Term of this Agreement, the JPC shall be solely responsible for making all decisions regarding Patents, including decisions regarding the opting-out or opting-in of existing European Patents into the jurisdiction of the Unified Patent Court or the registration of European Patents with Unitary Effect.
Unified Patent Court. At any time prior to the end of the “transitional period” as such term is used in Article 83 of the Agreement on a Unified Patent Court between the participating Member States of the European Union, for a given relevant Alnylam Product-Specific Patent in the Member States of the European Union, Roche may request approval in writing from Alnylam (such approval not to be unreasonably, withheld, conditioned or delayed) that Alnylam either (a) opt out from the exclusive competence of the Unified Patent Court or (b) if applicable, withdraw a previously-registered opt-out, and, if Alnylam grants approval in accordance with the foregoing, Alnylam shall notify the United Patent Court Registry, pay any such registry fee (for which Roche shall promptly reimburse Alnylam) and take such other action as may be necessary to effect the opt-out or opt-out withdrawal (“Register”). Alnylam shall Register within [****] days of Alnylam’s approval of Xxxxx’x written request, or such other time parameters specified by Roche.
Unified Patent Court. Moderna shall be solely responsible for making all decisions regarding Moderna Sole Right Patents and Moderna First Right Patents, including decisions regarding the opting-out or opting-in of existing European Patents into the jurisdiction of the Unified Patent Court or the registration of European Patents with Unitary Effect; provided that Moderna shall consult with Immatics and [**].
