Examples of Equillium Territory in a sentence
Equillium shall have the first right, but not the obligation, to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of any Joint Patent in the Equillium Territory, at its own expense and by counsel of its own choice, and Biocon shall have the right, at its own expense (subject to Section 7.5(d)), to be represented in any such action by counsel of its own choice.
For clarity, this Section 2.4 shall not be construed as imposing any limitation or restriction on Biocon’s right to grant licenses under, or any other obligation on Biocon with respect to, the licensing of Biocon Technology outside the Equillium Territory.
Equillium shall have the sole right, but not the obligation, to prosecute and maintain the Equillium Patents in the Equillium Territory, at its sole cost and expense.
Equillium shall have the sole right, in its discretion, to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of an Equillium Patent in the Equillium Territory, at Equillium’s own expense and by counsel of its own choice, and Biocon shall have no rights in connection therewith.
Equillium shall use all Clinical Material supplied under this Agreement solely to conduct development in the Field in the Equillium Territory (and, solely to the extent permitted by the License Agreement, in the Biocon Territory) in accordance with the terms of the License Agreement.
Biocon shall maintain complete and accurate records of the performance of all IND-Enabling Studies and IND-Enabling CMC Activities, including all Data, Inventions and other Information generated or made in the course of such performance, which records shall be maintained in accordance with Biocon’s standard practices and shall in any event be maintained in a manner sufficient for Equillium’s filing of INDs for Product in the Equillium Territory.
The JIPC shall develop and mutually agree in good faith on patent filing, prosecution, maintenance and defense strategy for Patent Rights claiming Inventions in the Equillium Territory.
If the JIPC is unable to reach unanimous agreement on any matter relating to patent filing, prosecution, maintenance and defense strategy for Patent Rights claiming Inventions in the Equillium Territory, such matter will be referred to the JSC for resolution, provided that Biocon shall have final decision-making authority with respect to Patent Rights claiming Biocon Inventions in the Equillium Territory.
Except as expressly set forth in Sections 4.2 and 4.3 or in the Clinical Supply Agreement or any Commercial Supply Agreement, Equillium shall be solely responsible for the development, manufacturing, registration and commercialization of Products in the Field in the Equillium Territory, at Equillium’s sole expense.
Equillium (directly or through its Affiliates or Sublicensees) shall use Commercially Reasonable Efforts to develop and seek Regulatory Approval for, and, if Regulatory Approval is obtained, to commercialize Product in the Field in the Equillium Territory.