EOS Patents definition
Examples of EOS Patents in a sentence
All monies recovered upon the final judgment or settlement of any such suit to enforce any EOS Patents shall be retained by EOS.
SGI and EOS shall fully cooperate with each other in any action to enforce the EOS Patents.
EOS is not aware of any fact or circumstance which would make the EOS Patents invalid and enforceable.
If such assignment becomes effective, (i) Servier shall grant to EOS a royalty free, fully paid up, perpetual, license, with the right to sublicense, under such EOS Patents to exercise the Retained Rights as set forth in Section 7.1 (b) and (ii) in the event of termination of this Agreement by Servier pursuant to Sections 11.2 or 11.3 or by EOS pursuant to Section 11.4, such EOS Patents shall be assigned back to EOS, at no cost to EOS.
EOS has not taken any action or failed to take any action, which action or failure reasonably could be expected to result in the abandonment, cancellation, forfeiture, relinquishment, invalidation or unenforceability of any of the EOS Patents.
If either Party becomes aware of any existing or threatened infringement of any EOS Patents or Joint Invention Patents, which infringing activity involves the manufacture, use, import, offer for sale or sale of any Product in the Licensed Territory (a “Product Infringement”) or Retained Territory, it shall promptly notify the other Party in writing to that effect, and the Parties will consult with each other regarding any actions to be taken with respect to such Product Infringement.
The Parties shall cooperate with each other in obtaining any patent term restoration or supplemental protection certificates or their equivalent for the EOS Patents.
With respect to the EOS Patents, other than the Additional Patents, and the Licensee Patents, Next Generation Patents, and Incorporating Patents, Licensee shall have the first right, but not the obligation, through counsel of its choosing and at its sole cost and expense, to take any measures it deems appropriate to stop such infringing activities by such Third Party in any part of the Territory.
Subject to Section 7.2.4, EOS, through patent attorneys or agents of its choice and at EOS’s expense, shall have the sole right to obtain, prosecute and maintain the EOS Patents throughout the world.
In the Retained Territory, EOS shall have the sole authority and control over the preparation, filing, prosecution and maintenance of the EOS Patents and Joint Invention Patents in the Field, at EOS’ sole cost and expense, provided that EOS shall update Servier from time to time on the status of such Patent prosecution and maintenance efforts.