Celgene Patents Clause Samples
Celgene Patents. As between the Parties, Celgene shall have the sole right (but not the obligation) to Prosecute and Maintain the Collaboration Patents solely owned by Celgene (the “Celgene Patents”), at its cost. Celgene shall keep Jounce informed as to material developments with respect to the Prosecution and Maintenance of Celgene Patents. Celgene shall provide or make reasonably available to Jounce copies of all substantive office actions or any other substantive documents that Celgene receives from any patent office, including notice of all interferences, reissues, re-examinations, inter partes, review, post grant proceedings, oppositions or requests for patent term extensions. Celgene shall also provide Jounce with a reasonable opportunity to substantively comment on the Prosecution and Maintenance of such Patents prior to taking material actions (including the filing of initial applications), and will in good faith consider any comments by and actions recommended by Jounce; provided however that Jounce does so promptly and consistent with any applicable filing deadlines. If Celgene decides not to file any Collaboration Patent for which it is responsible for Prosecution and Maintenance pursuant to Section 7.3.2(a) and this Section 7.3.1(d) or intends to allow any such Patent to lapse or become abandoned in any country without having first filed a substitute, it shall notify and consult with Jounce of such decision or intention at least [***] prior to the date upon which the subject matter of such Patent shall become unpatentable or such Patent shall lapse or become abandoned, and Jounce shall thereupon have the right (but not the obligation) to assume the Prosecution and Maintenance thereof at Jounce’s expense with counsel of its choice. With respect to any Celgene Independent Products, Celgene retains the right to Prosecute and Maintain any Patents solely Covering such Celgene Independent Products, including allowing such Patent to lapse or become abandoned.
Celgene Patents. Celgene shall have the sole right and option, in its sole discretion and at [***] expense, to Prosecute the Celgene Patents.
Celgene Patents. Section 7.8 of the Master Collaboration Agreement shall apply.
Celgene Patents. Section 7.8 of the Master Collaboration Agreement shall apply. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Celgene Patents. Except as set forth in Section 9.7.2(c), CELGENE shall have the sole right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect to any Competitive Infringement of any CELGENE Patent under this Agreement, by counsel of its own choice.
Celgene Patents. As between the Parties, Celgene shall have the sole right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect to any infringement of any (i) Patents constituting Celgene Background IP and (ii) Celgene Collaboration Patents, by counsel of its own choice, in Celgene’s own name and under Celgene’s direction and control. For the avoidance of doubt, and notwithstanding anything to the contrary herein, Celgene shall have the sole right to make any representations to any administrative body, court or other judicial body in any jurisdiction with respect to Celgene Compounds.
Celgene Patents. As between the Parties, Celgene shall have the sole right (but not the obligation) to Prosecute and Maintain all (i) Patents constituting Celgene Background IP and (ii)