Examples of Milestone Patent in a sentence
Prior to the issuance of the Milestone Patent, the Purchaser shall not take or omit to take any actions in respect the Milestone Patent-Related Applications that adversely affect, or would reasonably be expected to adversely affect, the Milestone Patent Application and/or the issuance of the Milestone Patent (including, without limitation, any actions or omissions that prevent or delay such issuance, or adversely affect the claims contained in Milestone Patent Application).
In furtherance of the foregoing, each Party agrees to execute and deliver any authorizations, powers of attorney, declarations of agency or other documentation necessary or desirable to enable the other Party to prosecute the Milestone Patent Application as contemplated hereby.
The Parties agree that the Milestone Payment will be allocated 100% to the Milestone Patent and that the Closing Date Payment will be allocated in the order that they are received by the Seller to the assets set forth above in the order set forth on Schedule 3.4. The Parties agree that the Sales-Based Contingent Purchase Price Payments will be allocated to the licenses granted under Section 2.6.
In the event that the Milestone Patent issues without Substantially Equivalent Claims and/or any of the Milestone Patent-Related Applications or other Product Patent Rights being transferred to the Purchaser hereunder results in the issuance of a Patent prior to the issuance of the Milestone Patent, the Parties shall meet and negotiate in good faith an appropriate modification of the amount, conditions and timing of the Milestone Payment (which in no event shall exceed $6,000,000).
After such time as Reliant receives the Milestone Payment as required under Section 3.2, Reliant shall have no further obligation or right with respect to the prosecution or maintenance of the Milestone Patent.
In the event that Reliant shall not have received the Milestone Payment in full in the time periods provided herein (including, as applicable, any notice and cure period), then Purchaser shall transfer, or cause to be transferred, each of the Milestone Patent Rights back to Reliant.
With respect to the Milestone Patent-Related Applications, the Purchaser agrees that, prior to the issuance of the Milestone Patent, it will consult with Reliant on all matters related the Milestone Patent-Related Applications and the prosecution thereof, and will provide Reliant with copies of all material correspondence and documentation related thereto (subject, as applicable, to appropriate confidentiality undertakings from Reliant).
The listing of the Milestone Patent in the Orange Book, once obtained, shall be referred to herein as the “OB Patent Listing”.