Examples of BI Product Development Patents in a sentence
BI shall consult with Vitae prior to its decision to seek a Patent term extension with respect to Vitae Patents, Joint Patents, BI Patents and Patents assigned to BI pursuant to Section 13.1.2, provided, however, that when the Parties hereto cannot reach an agreement for these Patents, BI shall have the right to determine which Vitae Patents, BI Patents, Joint Patents, or BI Product Development Patents to apply for Patent term extension in the Territory.
BI shall not be required to obtain such consent with respect settlement of any disputes involving only BI Product Development Patents.
BI shall have the right but not the obligation to seek extensions of the terms of any Vitae Patents, Joint Patents, BI Patents, BI Product Development Patents and Patents assigned to BI pursuant to Section 13.1.2 Covering a Product.
BI shall be responsible, at its sole expense, for obtaining SPC’s based on BI Patents, or BI Product Development Patents and those Patents assigned to BI pursuant to Section 13.1.2.
BI shall, at its discretion, either use qualified in-house patent counsel or retain qualified outside patent counsel to file, prosecute and maintain BI Patents and BI Product Development Patents.
If the Parties cannot agree with respect to such joint filing, such disagreement shall be resolved in accordance with the procedure identified in Section 13.2.2. BI CONFIDENTIAL TREATMENT REQUESTEDBACE RESEARCH COLLABORATION AND LICENSE AGREEMENTshall have the right and obligation to file, prosecute and maintain the BI Patents and the BI Product Development Patents.
BI shall have the sole right, but not the obligation, to bring and control any action in respect to infringement of any BI Patents or BI Product Development Patents (excluding, for the avoidance of doubt, Selected Zealand Pharma Patents), against any Third Party, including the defense against counter-claims of invalidity and unenforceability, that BI, in its own discretion deems necessary or useful.
Zealand Pharma Patents excludes Zealand Pharma Know-How, BI Patents, BI Product Development Patents and Collaboration Patents.
In the event that, during the Term, either Party becomes aware of any actual or threatened infringement of any BI Patents, BI Product Development Patents, Collaboration Patents, Selected Zealand Pharma Patents, and/ or Zealand Pharma Patents within the Field and material to this Agreement, such Party shall promptly notify the other Party in writing.
In the event that, during the Term of this Agreement, either Party becomes aware of any actual or threatened infringement of any BI Patents, BI Product Development Patents, Collaboration Patents, Selected Zealand Pharma Patents, and/or Zealand Pharma Patents within the Field and material to this Agreement, such Party shall promptly notify the other Party in writing.