Abandonment of Prosecution. Licensor shall notify Licensee in the event Licensor decides at any time to abandon or discontinue prosecution of any patent application covered under the Patent Rights. Such notification will be given as early as possible which in no event will be less than thirty (30) days prior to the date on which said application(s) will become abandoned.
Abandonment of Prosecution. Each Party will notify the other Party in the event it desires to abandon its efforts to file, prosecute, maintain or conduct any interferences, re-examinations, reissues and oppositions with respect to its Sole Patent Rights under this Section 10.2 or Section 16.8.2 or Joint Patent Rights for which it is responsible under Section 10.2.2. Notification will be given within a reasonable period (i.e., with sufficient time for such other Party to take whatever action may be necessary) prior to the date on which such Sole Patent Rights or Joint Patent Rights will lapse, go abandoned (other than to file a continuation application for the same subject matter) or otherwise diminish. Such non-abandoning Party will then have the right, exercisable upon written notification to such abandoning Party, to assume full responsibility, at its discretion and its sole cost and expense, to file, prosecute, maintain or conduct any interferences, re-examinations, reissues and oppositions in such country or countries. Should the non-abandoning Party exercise such right, the abandoning Party shall execute such documents and perform such acts as may be reasonably necessary for the non-abandoning Party to prepare, file, prosecute or maintain such Sole Patent Rights or Joint Patent Rights. Thereafter, the non-abandoning Party shall solely own such Sole Patent Rights or Joint Patent Rights and the abandoning Party shall promptly assign its entire interest in such Sole Patent Rights or Joint Patent Rights. The abandoning Party shall have the right to practice and otherwise exploit the inventions claimed in such Sole Patent Rights or Joint Patent Rights to the extent provided by the applicable license rights granted under Article 9.
Abandonment of Prosecution. If GEM decides that it no longer desires to prepare, file, prosecute or maintain an application or Intellectual Property right as provided in this Section 2.6 in any country or countries, GEM shall give written notice to AATI of such election, but in no case later than 60 days before any required action relating to the filing, prosecution or maintenance of such patent application or Intellectual Property right. Upon such notice, AATI shall have the right, but not the obligation, to file and maintain such Intellectual Property right or patent application in its own name and at its own expense and GEM shall reasonably cooperate with and assist AATI in connection with such activities.
Abandonment of Prosecution. Avanir shall notify HBI in the event Avanir decides at any time, subject to Avanir’s obligation to use all commercially reasonable efforts as provided herein, to abandon or discontinue prosecution of any one or more of the patent applications included in the Licensed Patents in the Territory, including any decisions to discontinue pursuit of applications which have been finally rejected. Such notification will be given as early as possible which in no event will be less than *** days prior to the date on which said application(s) will become abandoned. HBI shall have the option, exercisable upon written notification to Avanir, to assume full responsibility, at its discretion and expense, for the prosecution of the affected patent application(s). Under no circumstances shall any such expense paid by HBI be refundable to HBI by Avanir. Under no circumstance shall any such assumption of responsibility on the part of HBI affect ownership of any such patent application or any patent issuing thereon.
Abandonment of Prosecution. ZARS shall notify TALISKER in the event ZARS decides at any time to abandon or discontinue prosecution of any one or more of the patent applications included in the ZARS Patent Rights. Such notification will be given as early as possible which in no event will be less than fifteen (15) days prior to the date on which said application(s) will become abandoned. TALISKER shall have the option, exercisable upon written notification to ZARS, to assume full responsibility, at its discretion and expense, for the prosecution of the affected patent application(s). In such event, ZARS shall: (i) execute any documents or other instruments reasonably appropriate for vesting or confirming TALISKER’s right and ability to continue the prosecution of any such abandoned patent applications, where and as applicable; and (ii) shall make available to TALISKER or its authorized attorneys, agents or representatives, such of its employees whom TALISKER in its reasonable judgment deems necessary in order to assist it in obtaining patent protection for such ZARS Patent Rights. TALISKER shall continue such prosecution in ZARS’ name, and no decisions by ZARS related to whether or not to continue prosecution of any patent application result in a change in ownership of the patent application; provided, that in the event any patent issues on abandoned prosecution of which TALISKER has elected to continue pursuant to this Section 9.3, ZARS: (A) shall reimburse TALISKER for all costs and expenses to undertake such prosecution hereunder; (B) will thereafter maintain such patent in accordance with Section 9.1; and (C) shall and hereby does grant to TALISKER a perpetual, irrevocable, co-exclusive (solely with ZARS, its subsidiaries, successors and sublicensees), freely sublicensable, right and license under any such issued patent, for any and all purposes in the Territory.
Abandonment of Prosecution. Each Party shall notify the other Party in the event it is unable for any reason to meet its obligations under this Article 9 with respect to any Patents covering the Licensed Products. Such notification shall be given within a reasonable period prior to the date on which such Patents will lapse or become abandoned. The Party receiving any notification hereunder shall then have the option, exercisable upon written notification to the Party that delivered such notification, to assume full responsibility, at its discretion and its sole cost and expense, for prosecution or maintenance of the affected Patents in such country or countries in the Territory.
Abandonment of Prosecution. Each party will notify the other Party in the event it desires to abandon its efforts to prosecute, maintain or conduct any interferences, re-examinations, reissues and oppositions directly relating to the Product or the Manufacture of the Product under this Section 13.2.5. Notification will be given within a reasonable period (i.e., with sufficient time for such other Party to take whatever action may be necessary) prior to the date on which such Patent Rights will lapse or go abandoned (other than for the purpose of filing a continuation or continuation in part application). Such other Party will then have the option, exercisable upon written notification to such Party, to assume full responsibility, at its discretion and its sole cost and expense to prosecute, maintain or conduct any interferences, re-examinations, reissues and oppositions in such country or countries.
Abandonment of Prosecution. The Prosecuting Party will notify the other Party in the event it desires to abandon its efforts with respect to the prosecution and maintenance of any Patent Rights being prosecuted by the Prosecuting Party under this Section 10.2, to the extent such Patent Rights pertain to the Licensed Products in the Field in the Shire Territory or the Joint Patent Rights. Notification will be given within a reasonable period (i.e., with sufficient time for such other Party to take whatever action may be necessary) prior to the date on which such Patent Rights will lapse, go abandoned (other than to file continuation application for the same subject matter) or otherwise diminish (but not less than sixty (60) days). Such other Party (the “Acting Party”) will then have the right, exercisable upon written notification to the Prosecuting Party, to assume full responsibility, at its discretion and its sole cost and expense, to file, prosecute, maintain or conduct any interferences, re-examinations, reissues and oppositions in the Shire Territory, or in the case of Joint Patent Rights, any country or countries; provided that, in the case of Shire being the Acting Party with respect to Patent Rights (other than Joint Patent Rights) Controlled by Amicus, such right shall be limited to the extent such Patent Rights pertain to a Licensed Product in the Field in the Shire Territory.
Abandonment of Prosecution. ZARS shall notify ENDO in the event ZARS decides at any time to abandon or discontinue prosecution of any one or more of the patent applications included in the ZARS Patent Rights, including any decisions to discontinue pursuit of applications which have been finally rejected. Such notification will be given as early as possible which in no event will be less than thirty (30) days prior to the date on which said application(s) will become abandoned. ENDO shall have the option, exercisable upon written notification to ZARS, to assume full responsibility, at its discretion and expense, for the prosecution of the affected patent application(s). Under no circumstances shall any such expense paid by ENDO be refundable to ENDO by ZARS. Under no circumstance shall any such assumption of responsibility on the part of ENDO affect ownership of any such patent application or any patent issuing thereon, provided, however, that the affected patent applications and resulting patents shall no longer be within the ZARS Patent Rights for the purpose of determining Patented Products.
