Examples of Roche Collaboration Patent Rights in a sentence
In the event that either Party to this Agreement intends to overcome a rejection of a claimed invention covered by Joint Collaboration Patent Rights, Roche Collaboration Patent Rights or Hookipa Patent Rights pursuant to the provisions of 35 USC §§ 102(a)-(d), such Party shall first obtain the prior written consent of the other Party.
Roche shall have the sole right to, at Roche’s discretion, file, prosecute, and maintain (including the defense of any interference or opposition proceedings) all Patent Rights comprising Roche Technology (other than Roche Collaboration Patent Rights that constitute Product Specific Patent Rights) in Roche’s name.
For the avoidance of doubt, the Commercializing Party’s obligation to pay royalties under this Section 9.3 is imposed only once with respect to the same unit of Licensed Product, including by reason of such Licensed Product being Covered by more than one Valid Claim of Alnylam Platform Patent Rights, Alnylam Patent Rights, Roche Patent Rights, Alnylam Collaboration Patent Rights, Roche Collaboration Patent Rights or Joint Collaboration Patent Rights.
If such Third Party agreement cannot or will not be assigned to Sarepta as contemplated by the previous sentence, then upon Sarepta’s reasonable request, Roche will use reasonable efforts to maintain such Third Party agreement and to grant Sarepta the 79445843_10 sublicenses or other rights under such Roche Collaboration Patent Rights or Roche Collaboration Know-How necessary for Sarepta to Exploit the Terminated Products in the Terminated Regions (to the extent permitted under such Third Party agreement).
The term “Roche Patent Rights” shall mean the Roche Background Patent Rights and the Roche Collaboration Patent Rights.
Furthermore, upon Sarepta’s request, but no more than once per Calendar Quarter, Roche will reasonably discuss and consult with the IP Committee and will provide updates to the IP Committee by audio or video teleconference regarding Roche Collaboration Patent Rights being prosecuted and maintained by Roche, including the strategies for the filing, prosecution, and maintenance of such Roche Collaboration Patent Rights.
If Roche is unable to sublicense any such Roche Collaboration Patent Rights or Roche Collaboration Know-How to Sarepta without the consent of the Third Party, then Roche undertakes, on request from Sarepta, to use reasonable efforts to procure such consent with respect to the Terminated Products in the Terminated Regions on behalf of Sarepta to the extent that it is able to do so, and Sarepta will pay such fees and agree to be bound by the terms agreed between Roche and the Third Party licensor.
Except as provided in Section 10.8.4 (Abandonment), Roche will have the sole right to file, prosecute, and maintain the Roche Background Patent Rights and the Roche Collaboration Patent Rights, provided that Roche will file, prosecute, and maintain the Roche Collaboration Patent Rights using internal counsel and external counsel mutually agreed to by the Parties.
In between such meetings, the IP Committee will receive updates from the Parties regarding the prosecution and maintenance of Sarepta Patent Rights, Roche Collaboration Patent Rights and Joint Collaboration Patent Rights as set forth in this Agreement and will discuss such updates as well as day-to-day activities regarding the preparation, filing, prosecution and maintenance of Sarepta Patent Rights, Roche Collaboration Patent Rights and Joint Collaboration Patent Rights by audio or video teleconference.
Roche will be responsible for 100% of the External Costs incurred by it with respect to the filing, prosecution, and maintenance of the Roche Background Patent Rights and the Roche Collaboration Patent Rights.