Examples of Micrologix Patent Rights in a sentence
Each Party shall use Commercially Reasonable Efforts to ensure that where permissible under Applicable Law(s) and provided there is adequate space available on any such packaging, such Party shall identify by number any applicable Micrologix Patent Rights and applicable patent rights within the Strata Intellectual Property with any reasonable patent marking notification(s).
Micrologix shall transfer the files relating to the prosecution of the Micrologix Patent Rights listed on Exhibit A to patent counsel of Spring Bank’s choosing immediately after the execution of this Agreement, unless there are filings required or office actions which require a response within thirty (30) days of execution, in which case, Spring Bank may elect to retain Micrologix’ patent attorneys to make such filing or respond to such office action.
Spring Bank shall use Commercially Reasonable Efforts to ensure that where legally permissible in any country in the Territory and provided there is adequate space available on any such packaging, Spring Bank shall identify any applicable Micrologix Patent Rights with any reasonable patent marking notification(s).
As of the Effective Date, Spring Bank represents and warrants that to the best of its knowledge the use of the Micrologix Patent Rights does not infringe or misappropriate any intellectual property rights of any Third Party.
During the Term, each Party shall give prompt notice to the other of any Third Party act which may infringe one or more claims of the Micrologix Patent Rights that claims the Product or the Compound.
Micrologix may (but shall have no obligation to do so) prosecute any Article 7 Proceeding under this Section 7.3 against such Third Party infringement of any claims of Micrologix Patent Rights where such infringement does not primarily relate to such Third Party activities in the Field in the Territory in accordance with the terms of Section 7.2 and this Section 7.3 and in such event Micrologix shall become the Litigating Party.
Upon learning of any actual, contemplated or threatened Article 7 Proceeding involving any of the Micrologix Patent Rights that claims the Product or the Compound, each Party shall promptly notify the other Party of such and shall, upon request, provide to the other Party an assessment of the status of any such proceeding.
In the event Strata fails to institute any Article 7 Proceeding and terminate any Third Party infringement of the claims of Micrologix Patent Rights that the claim the Product or the Compound within thirty (30) days of the later of: (i) receiving notification from Micrologix of any such infringement or (ii) sending notice to Micrologix of such action, Micrologix may take (but shall have no obligation to do so) such action as it deems appropriate, including the filing of a lawsuit against such Third Party.
Spring Bank shall use its Commercially Reasonable Efforts to bring the Product to market through its own efforts and through the efforts of its sublicensees by a diligent program for exploitation of the Micrologix Patent Rights and to continue active, diligent marketing efforts for the Product throughout the term of this Agreement.
In the event Micrologix fails to institute any Article 7 Proceeding and terminate any Third Party infringement of the claims of Micrologix Patent Rights that claim the Product or the Compound within thirty (30) days of the later of: (i) receiving notification from Strata of any such infringement or (ii) sending notice to Strata of such action, Strata may take (but shall have no obligation to do so) such action as it deems appropriate, including the filing of a lawsuit against such Third Party.