Examples of Patent in a sentence
Except as otherwise agreed to by the parties, any recovery realized as a result of any infringement proceeding or other action with respect to any Advaxis HER2 Construct Patent pursuant to Section 8.4(b), after reimbursement of any litigation expenses of Advaxis and OST, shall be (i) provided to, or retained by, as applicable, by OST and (ii) treated as Net Sales of a Licensed Product for purposes of royalty calculations in the period in which payment of such recovery was received.
The parties shall keep one another informed of the status of their respective activities regarding any proceeding or action undertaken with respect to (i) an Invention Patent, or (ii) any Advaxis Background Patent that Covers Licensed Products, pursuant to this Section 8.4 or settlement thereof, and the parties shall assist one another and cooperate in any such action at the other’s reasonable request.
Advaxis shall have the sole right, but not the obligation, to initiate and control any Infringement proceedings or take other appropriate actions against an Infringement of any Advaxis Other Patent, take steps to enforce or defend any such Advaxis Other Patent and control, settle, and defend such suit, or to defend a challenge of the such Patents in a declaratory judgment action, in each case at Advaxis’s expense.
Advaxis shall retain any and all recovery realized as a result of any proceeding or other action with respect to any Advaxis Other Patent pursuant to Section 8.4(c).
If Advaxis determines not to pursue or continue the Prosecution and Maintenance of any Advaxis HER2 Construct Patents, then Advaxis shall provide reasonable prior written notice to Advaxis of such determination prior to the next deadline for any action that may be taken with respect to such Patent with the applicable patent office, and OST shall have the right, but not the obligation, to undertake such Prosecution and Maintenance at its expense.