Corium Patents definition
Examples of Corium Patents in a sentence
If a declaratory judgment action alleging invalidity, unenforceability or non-infringement of any of the Corium Patents is brought against P&G, P&G may elect, in its sole discretion, to have sole control of the action, including, but not limited to, selection and control of counsel and the defense and settlement of the action, and if P&G so elects it shall bear all the costs of the action.
P&G also may, in its sole discretion, elect to undertake or defend any interference, opposition or similar procedure with respect to the Corium Patents providing it bears all the costs of such action, except that P&G shall not have this right with respect to Corium Patents whose claims are solely directed to the Corium Core Field.
Claims relating to the P&G Primary Field of Use shall be included in the Corium Patents of Exhibit C if requested by P&G or may be filed as a separate application if mutually agreed upon by the Parties.
Except as provided in Paragraphs 6.1.1 and 6.5 below, Corium shall retain ultimate control over the preparation, filing, prosecution and maintenance of the Corium Patents set forth in Exhibit A.
Corium will have sole control and discretion regarding how to proceed in the event that a third party is infringing one of the Corium Patents in the Corium Retained Field and any recovery or settlement awarded or received in connection with such action shall be solely retained by Corium.
Both Corium and P&G agree to notify the other in writing should either party become aware of possible infringement of the Corium Patents.
P&G shall have the power to institute, prosecute and settle, including by granting the infringing party a sublicense, suits for infringement of the Corium Patents in the P&G Primary Field of Use, and if required by law, Corium will join as a party plaintiff in such suits at P&G’s expense.
P&G shall have [*] after receipt of all patent filing and prosecution information for the Corium Patents listed in attached Exhibit A to review and determine whether P&G has an interest in opting out of cost sharing for one or more Corium Patents listed in Exhibit A.
All Corium Patents, Existing Technology, Project IP and Non-Project IP shall belong to and, to the extent necessary to transfer or perfect ownership rights therein, be assigned to Corium, and Corium shall have exclusive right, title and interest thereto, subject to the license rights granted to Abrika hereunder.
Claims relating to the P&G Primary Field of Use shall be included in the Corium Patents under this Paragraph 6.2 if requested by P&G or may be included in a separate application if mutually agreed upon by the Parties.