Abbott Inventions. Abbott shall own all proprietary rights to Abbott Inventions, and may obtain patent, copyright, and/or other proprietary protection relating thereto. Abbott hereby grants to Seattle Genetics an [*] license with the right to [*], to each Abbott Invention which has been incorporated into the manufacturing process of the Bulk Drug Substance. Use of such license shall [*], but only in the event that Abbott Patent Rights essential for the manufacture of Bulk Drug Substance are included in such license. The obligation to [*] shall expire upon the earlier of (i) the last to expire issued claim contained with such licensed Abbott Patent Rights or (ii) [*]. Prior to incorporating any Abbott Invention into the manufacturing process for the Bulk Drug Substance that will require [*] in the future, Abbott shall (1) provide Seattle Genetics with all reasonably necessary information regarding the Abbott Invention (provided that such information is within Xxxxxx’x control and such disclosure is not prohibited or restricted by confidentiality protections, in which event, Abbott shall use reasonable efforts to obtain appropriate waivers to permit disclosure of such information) to allow Seattle Genetics to conduct intellectual property due diligence, including without limitation all relevant patents, patent application, patent file wrappers, any validity or patentability searches or opinions and any applicable license agreements and (2) obtain Seattle Genetics prior written approval for inclusion of such Abbott Invention. In the event that either (x) Abbott incorporates such Abbott Invention without Seattle Genetics’ approval or (y) Seattle Genetics requires such license because Abbott cannot supply Bulk Drug substance in accordance with the requirements of the Agreement and such failure is not the result of Seattle Genetics actions or negligence, then during such period of time when Abbott fails to supply Seattle Genetics or during the time when Abbott incorporates such Abbott Invention without Seattle Genetics’ approval, Seattle Genetics shall have a [*] in accordance with this Section 10.2. [*] In the event that Abbott files a patent application on an Abbott Invention, then Abbott shall so notify Seattle Genetics within thirty (30) days of the filing of such patent application.
Abbott Inventions. With respect to any ideas, innovations or inventions (whether or not patentable) developed solely by Abbott during the term of this Agreement and relating to the manufacturing process of Bulk Drug Substance, Abbott shall own all proprietary rights to such ideas, innovations and inventions, and may obtain patent, copyright, and/or other proprietary protection relating to such ideas, innovations and inventions; provided however, that Abbott hereby grants to InterMune a [*] license with the right to grant sublicenses, to the Abbott Know-How, Abbott Confidential Information and Abbott Patent Rights and to any ideas, innovations or inventions developed hereunder [*] for [*] to [*] to manufacturer Bulk Drug Substance [*] hereunder or [*] Such license [*] in [*] to be [*] upon [*] Such [*] for Section 7.1 only shall be [*] as a [*] of Bulk Drug Substance [*] utilizing such licensed technology solely for the [*] In the event that Abbott files a patent application on any such ideas, innovations or inventions, then Abbott shall so notify InterMune within thirty (30) days of the filing of such patent application. Abbott may not use any InterMune Patent Rights, InterMune Know-How or innovations thereto to develop or manufacture bulk drug substance for any other third-party manufacturer other than InterMune during the term of this agreement and its extensions or [*]
Abbott Inventions. With respect to any ideas, innovations or inventions (whether or not patentable) developed by Abbott during the term of this Agreement and relating to the manufacturing process of ECBN-HCl and/or API, Abbott shall own all proprietary rights to such ideas, innovations and inventions, and may obtain patent, copyright, and/or other proprietary protection relating to such ideas, innovations and inventions; provided however, that Abbott shall xxxxx to Versicor a worldwide exclusive license, with the right to grant sublicenses, to any ideas, innovations or inventions developed hereunder as they relate to the manufacturing process of ECBN-HCl or API. In the event that Versicor utilizes a third party in the manufacture of ECBN-HCl or API, Versicor shall pay Abbott an innovation transfer payment (“ITP”) to be mutually agreed upon by the parties in an amount no more than [**] percent of the dollar volume of ECBN-HCl and API purchased by Versicor from a third party utilizing such licensed technology solely for the manufacture of ECBN-HCl and API for Versicor depending on the quality and quantity of Abbott inventions so used, as reasonably determined by Abbott. In the event that Abbott files a patent application on such ideas, innovations or inventions, then Abbott shall so notify Versicor within [**] of the filing of such patent application. Abbott may not use any specific ECBN-HCl or API innovations or inventions for ECBN-HCl or API developed in the Agreement by Abbott or Versicor to develop or manufacture any glucan synthase inhibitors for any third party other than Versicor during the term of this Agreement, and for a [**] period thereafter; provided, however, that Abbott shall be entitled to use any innovations or inventions developed by Abbott hereunder for Xxxxxx’x own purposes; provided, however, that such Abbott inventions and/or innovations shall not include any Versicor Patent Rights, Versicor Know-How or API.
Abbott Inventions. Abbott shall own all proprietary rights to Abbott Inventions, and may obtain patent, copyright, and/or other proprietary protection relating thereto. Abbott hereby grants to Seattle Genetics an irrevocable, worldwide, nonexclusive license with the right to grant sublicenses, to each Abbott Invention which has been incorporated into the manufacturing process of the Bulk Drug Substance. Use of such license shall bear a royalty equal to five percent (5%) of the Applicable Dollar Volume, but only in the event that Abbott Patent Rights essential for the manufacture of Bulk Drug Substance are included in such license. The obligation to pay such royalty shall expire upon the earlier of (i) the last to expire issued claim contained with such licensed Abbott Patent Rights or (ii) ten (10) years. Prior to incorporating any Abbott Invention into the manufacturing process for the Bulk Drug Substance that will require the payment of such a royalty to Abbott in the future, Abbott shall (1) provide Seattle Genetics with all reasonably necessary information regarding the Abbott Invention (provided that such information is within Xxxxxx’x control and such disclosure is not prohibited or restricted by confidentiality protections, in which event, Abbott shall use reasonable efforts to obtain appropriate waivers to permit disclosure of such information) to allow Seattle Genetics to conduct intellectual property due diligence, including without limitation all relevant patents, patent application, patent file wrappers, any
