Examples of Forest Patents in a sentence
Such disclosures are made with the understanding that they shall remain confidential, they will not be deemed to waive any applicable attorney-client privilege and that they are made in connection with the shared community of legal interests existing between Replidyne and Forest, including the community of legal interests in avoiding infringement of any valid, enforceable patents of Third Parties and maintaining the validity of Patents included in Licensed Technology, Forest Patents and Joint Patents.
Forest shall have the sole right, but not the obligation, to defend and control the defense of the validity and enforceability of the Forest Patents at its sole cost and expense worldwide.
Forest shall have the sole right, but not the obligation, to initiate an infringement action against any Infringement of the Forest Patents, including as a defense or counterclaim in connection with any Third Party Infringement Claim, worldwide, at its sole cost and expense, and Forest shall retain control of such action.
As between the Parties, Forest shall have the sole right to make all filings with Regulatory Authorities in the Territory with respect to the Xxxxxxx Patents, the Forest Patents, and the Joint Patents, including as required or allowed (a) in the United States, in the FDA’s Orange Book, and (b) in the European Union, under the national implementations of Article 10.1(a)(iii) of Directive 2001/EC/83 or other international equivalents.
Forest shall keep Replidyne informed of progress with regard to the preparation, filing, prosecution and maintenance of Forest Patents and consider in good faith the requests and suggestions of Replidyne with respect to strategies for filing and prosecuting the Forest Patents.
As between the Parties, Forest shall have the sole right to make decisions regarding, and to apply for, patent term extensions, including supplementary protection certificates and any other extensions that are now or become available in the future, wherever applicable, for the Xxxxxxx Patents, the Forest Patents and the Joint Patents in any country in the Territory.
With regard to any action or proceeding with respect to infringement of any of the Licensed Patents, Joint Patents or Forest Patents pertaining to the Oral Suspension, including any ANDA Proceeding related to such Licensed Patents, Joint Patents or Forest Patents, in the Territory during the Pediatrician Promotion Period, the parties shall cooperate in bringing and shall share control of such action or proceeding with counsel mutually acceptable to the parties.
Notwithstanding anything to the contrary set forth herein, strategic decisions relating to the prosecution (including decisions relating to reexamination or reissue of issued patents) of DAP Patents, Replidyne Patents or Forest Patents in the Territory and material components of the implementation of such decisions shall require the consensus of Forest, Replidyne and DAP (as to DAP, to the extent provided by the DAP Agreement).
Forest shall be responsible for the preparation, filing, prosecution and maintenance of the Forest Patents at Forest’s expense.
Each of Xxxxxx Xxxxx and Forest will be solely responsible for the preparation, filing, prosecution and maintenance of Xxxxxx Xxxxx Patents and Forest Patents, respectively, and their interest in any patent rights in the Improvements.