Examples of Evogene Patent Rights in a sentence
Evogene is entitled, in connection with the grant of a license to Evogene Patent Rights covering such Excluded Collaboration Hit or Excluded PlaNet Xxxx Xxxxx, to xxxxx sublicenses under the license set forth in this Section 3.2.1 to any Third Party.
Evogene shall Control and be solely responsible for all costs related to the preparation, filing, prosecution and maintenance of the Evogene Patent Rights.
Evogene, at its own cost, shall have the right to participate in all decisions and actions concerning the validity of any Evogene Patent Rights, including the right to join as a party any such action for infringement brought by or against Monsanto where a defense or claim of patent invalidity or unenforceability has been or will be raised.
Evogene shall have the right to retain its own counsel for the purpose of defending the validity or enforceability of any Evogene Patent Rights.
Further, Evogene retains the right to prosecute and defend any action relating to the Evogene Patent Rights that does not constitute an Evogene Defense or Enforcement Matter; provided that Evogene will keep Monsanto reasonably informed of any such actions, and will consult from time to time with Monsanto regarding any such action.
The term of this Agreement shall commence on the Effective Date and, subject to the remaining provisions of this Section 14, shall continue until the later of (i) the last to expire of the Evogene Patent Rights or Monsanto Improvement Patent Rights, or (ii) the end of the last-to-expire period during which Monsanto is obligated to pay Product Royalties pursuant to Section 6.6. The term of this Agreement shall survive the non-renewal, termination or limitation of any particular license granted hereunder.
Moreover, Monsanto’s obligation to grant, or to agree to grant, future licenses under Section 3.2.1 in respect of Monsanto Improvement Patent Rights that would otherwise be subject to the license under Section 3.2.1 shall terminate on the earliest of: (i) the termination or expiration of the Evogene Patent Rights covering such Monsanto Improvement; or (ii) a Change of Control to a Monsanto Competitor; or any other assignment or transfer of this Agreement to a Monsanto Competitor.
EXHIBIT C Evogene Patent Rights [* * *] *** Confidential treatment has been requested for redacted portions of this exhibit.
If either party becomes aware of any possible or actual infringement of any Evogene Patent Rights due solely to the making, using or selling of a Licensed Product by an unlicensed third party (a “Wheat Infringement”), that party shall promptly notify the other party and provide it with details of its knowledge regarding such Wheat Infringement.
In addition, Bayer’s obligations under (a) Section 7.4.1.1(b) with respect to Licensed Products that are not covered by a Valid Claim within the Evogene Patent Rights (as adjusted by Sections 7.4.1.3 and 7.4.1.4) and (b) Section 7.5 with respect to Sublicenses granted prior to termination of the Agreement, as well Bayer’s reporting obligations and Evogene’s inspection rights pursuant to Section 8 as they relate to (a) and (b) shall survive termination.