Common use of Continuing Application Clause in Contracts

Continuing Application. No later than thirty (30) days following the EFFECTIVE DATE, ENTREMED shall file, in the United States and any other country or region possible, a continuing patent application claiming priority to the United States Patent Application 08/102,767 (filed August 6, 1993) claiming the use of derivatives of 2-methoxyestradiol as anti-angiogenesis agents for conditions including ocular neovascularization, wherein the molecule is substituted at the 2 position of the estradiol ring with a) alkoxy groups and b) alkyl esters. ENTREMED shall file a petition to make special pursuant to 37 CFR 1.102 (d) with the United States Patent and Trademark Office in reference to such continuing application, and shall take all reasonable action to accelerate the prosecution of such application(s). ENTREMED shall also submit an Information Disclosure Statement at the time of United States filing of such continuing application which shall inform the Patent Examiner of the existence of U.S. Patent No 6,011,023 (▇▇▇▇▇ et al.) and U.S. Patent No. 5,643,900 (Fotsis et al.) and all other references which are required to be disclosed pursuant to 37 CFR Section 1.56. ALLERGAN shall pay ENTREMED * Dollars ($*) upon issue of a U.S. patent containing claims substantially as described in this Section 8.2.