Gilead Patents. Gilead shall have the sole right, at its sole cost and expense, to prepare, file, prosecute and maintain the Gilead Patents in the Territory. Gilead shall have sole discretion to determine which Gilead Patents, if any, shall be listed in the “Orange Book” with respect to the Combination Product.
Gilead Patents. As among the Parties, Gilead shall have the sole right and option, at its sole cost and expense, to respond to any Infringement (as defined below) with respect to any Gilead Patent by appropriate steps, including, without limitation, by filing an infringement suit or taking other similar action. Gilead shall also have the sole right and option not to take action to respond to any such Infringement (and in such event no other Party shall have the right to take any action to respond to any Infringement with respect to such Gilead Patent). At Gilead’s request, each of BMS and the JV shall, at such Party’s own expense, provide reasonable assistance to Gilead in connection with any such action to respond to Infringement, including, without limitation, providing access to relevant documents and other evidence, making its employees available at reasonable business hours, and joining (and having the JV join) the action to the extent necessary to allow Gilead to maintain the action. For purposes of this Section 11.3, (i) “Infringement” shall mean (A) infringement or potential infringement of one (1) or more Gilead Patents and/or one (1) or more BMS Patents, as the case may be, by the actions of a Third Party in connection with a product (an “Infringing Combination Product”) containing, among its active pharmaceutical ingredients, all of TDF, FTC and EFV and/or (B) with respect to Canada, [ * ] with respect to the Combination Product and (ii) “other similar action” shall include, without limitation, responses to paragraph (iv) certification under the Drug Price Competition and Patent Restoration Act (also known as the Xxxxx-Xxxxxx Act) (a “Paragraph (iv) Certification”) and actions under section 6 of the Patented Medicines (Notice of Compliance) Regulations (Canada) resulting from an attempt to market a Generic Version Combination Product. For the avoidance of doubt, the Parties acknowledge and agree that infringement of a Gilead Patent or a BMS Patent, as the case may be, other than by an Infringing Combination Product, is outside the scope of this Agreement and shall not create any rights or impose any obligations on the Parties hereunder, including any right or obligation to take actions to respond to such infringement.
Gilead Patents. Except as otherwise set forth in this Section 9.3, Gilead shall be responsible for the filing, Prosecution and maintenance of the Gilead Patents at its sole expense. If Gilead determines to abandon or not file or maintain any (i) Patent within the Gilead Patents in any country; or (ii) any claim or subject matter directed to a composition of matter, manufacture or use of a Compound or Product in the Licensed Indication in any country, then Gilead shall promptly notify the representatives of the IP Subcommittee and shall provide JT with thirty (30) days prior written notice of such determination (or such other period of time reasonably necessary to allow JT to assume such responsibilities). JT shall then have the opportunity to file, Prosecute or maintain such Patent, claims or subject matter in any such country in JT’s name and at JT’s sole expense.
Gilead Patents. Gilead Patents shall be prosecuted (including the handling of interferences) and maintained by Gilead or its licensors. Gilead shall furnish Roche with copies of draft submissions to the relevant patent authorities and will consider Roche's comments. If Roche does not provide Gilead with comments within thirty (30) days of receipt of a draft, Gilead shall be free to proceed with its submission or other contemplated action. Further, Gilead shall always be entitled
Gilead Patents. Gilead shall have the sole right, but not the obligation, to control the preparation, filing, prosecution and maintenance of Gilead Patents using patent counsel of Gilead's choice, at Gilead's expense.
Gilead Patents. Except as set forth in Sections 10.2(a), or 10.2(c) or (d), Gilead shall be responsible for the prosecution and maintenance of the Gilead Patents on a worldwide basis. GSK shall reimburse to Gilead [ * ] incurred with respect to the GSK Territory. GSK shall have the right to review and comment upon such prosecution by Gilead of the Gilead Patents in the GSK Territory. Gilead shall provide GSK with a copy of each submission to a patent authority in the GSK Territory regarding a Gilead Patent [ * ]after making such filing. If Gilead determines in its sole discretion to abandon or not maintain any patent application within the Gilead Patents anywhere in the GSK Territory, then Gilead shall provide GSK with [ * ] prior written notice of such determination (or such other period of time reasonably necessary to allow GSK to assume such responsibilities) and shall provide GSK with the opportunity to prosecute and maintain such patent application in the GSK Territory on behalf of Gilead [ * ].
Gilead Patents. Except as otherwise set forth in this Section 9.3, Gilead shall be responsible for the filing, Prosecution and maintenance of the Gilead Patents at its sole expense. If Gilead determines to abandon or not file or maintain any (i) Patent within the Gilead Patents in any country; or (ii) any claim or subject matter directed to a composition of matter, manufacture or use of a Compound or Product in the Licensed Indication in any country, then Gilead shall promptly notify the representatives of the IP Subcommittee and shall provide JT with thirty (30) days prior written notice of such determination (or such other period of time reasonably necessary to allow JT to assume such responsibilities). JT shall then have the opportunity to file, Prosecute or maintain such Patent, claims or subject matter in any such country in JT’s name and at JT’s sole expense. [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.
Gilead Patents. Gilead Patents shall be prosecuted (including the handling of interferences) and maintained by Gilead or its licensors. Gilead shall furnish Roche with copies of draft submissions to the relevant patent authorities and will consider Roche’s comments. If Roche does not provide Gilead with comments within thirty (30) days of receipt of a draft, Gilead shall be free to proceed with its submission or other contemplated action. Further, Gilead shall always be entitled to proceed with any submission or other contemplated action if it determines time is of the essence, provided that Gilead makes reasonable efforts to inform Roche as early as practicable and to consider its comments where possible. In the event that Gilead elects not to maintain any issued patent within the Gilead Patents or not to file any patent term extensions to the Gilead Patents which Roche believes are appropriate to obtain an extended period of market exclusivity for Product, Roche shall have the right to elect to have Gilead or its licensors maintain such patents or file for such patent term extensions at Roche’s sole expense. Gilead shall bear the costs incurred in connection with the [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. prosecution and maintenance of Gilead Patents, except that Roche shall make a one-time nonaccountable and noncreditable payment to Gilead in the amount of [ * ] within ten (10) days of the Effective Date as an additional license fee in consideration of Gilead’s obligation to prosecute and maintain the Gilead Patents after the Effective Date.
Gilead Patents. Gilead, through patent attorneys or agents of its choice, shall have the sole right, at its sole cost and expense, to prepare, file, prosecute and maintain the Gilead Patents, including Patents claiming or covering the Gilead-Owned Collaboration Inventions, anywhere in the world in the name of Gilead. Gilead shall have sole discretion to determine which Gilead Patents, if any, shall be listed in the “Orange Book” in the U.S., or any analogous or similar listing in the Territory, with respect to the Combination Product. Without limitation of Section 14.1(e), Tibotec shall and shall cause its Affiliates and their respective employees and agents to reasonably cooperate, by the execution of documents and otherwise, to vest ownership of the Gilead-Owned Collaboration Inventions in Gilead.
Gilead Patents. As between the Parties, Gilead shall have the sole right and option, at its sole expense, to respond to any Infringement (as defined below) with respect to any Gilead Patent, including Patents claiming or covering the Gilead-Owned Collaboration Inventions, by appropriate steps, including by filing an infringement suit or taking other similar action. Gilead shall also have the sole right and option not to take any action to respond to any such Infringement (and in such event Tibotec shall not have the right take any action to respond to any Infringement with respect to such Gilead Patent). At Gilead’s request, Tibotec shall, at Tibotec’s own expense, provide reasonable assistance to Gilead in connection with any such action to respond to Infringement, including providing access to relevant documents and other [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 77 CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. §§ 200.80 (b)(4) AND 230.406 evidence, making its employees available at reasonable business hours, and joining the action to the extent necessary to allow Gilead to maintain the action.
