Party Initiated Proceedings. (a) Merck shall have the (i) sole right to initiate a reexamination, supplemental examination, reissue or similar administrative proceeding concerning Patent Rights within Antibody Binder IP and (ii) first right to initiate a reexamination, supplemental examination, reissue or similar administrative proceeding concerning Patent Rights within Collaboration Candidate IP and Other Collaboration IP. Merck and Company shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding concerning Patent Rights within Collaboration Candidate IP or Other Collaboration IP. Merck shall have the first right to control such proceedings concerning Patent Rights within Collaboration Candidate IP or Other Collaboration IP, and Company shall have the right to review [***] any submission to be made [***]. If there is disagreement regarding whether a proceeding under this Section 9.2.2(a) should be initiated, such disagreement shall be referred to the senior intellectual property officers of the Parties. In the event that these two executives do not, after reasonable efforts, reach agreement, the resolution and/or course of conduct shall be determined by Merck. In the event that Merck chooses not to initiate a proceeding concerning Patent Rights within Collaboration Candidate IP or Other Collaboration IP under this Section 9.2.2(a), and upon Merck’s written consent, Company [***] shall have the right to initiate and control such proceedings. [***]
Party Initiated Proceedings. MSD shall have the first right to initiate a reexamination, supplemental examination, reissue or similar administrative proceeding relating to Company Product Related Patent Rights or Joint Patent Rights. Notwithstanding the foregoing, MSD shall not initiate any such proceeding without the prior written consent of Company, which consent shall not be unreasonably withheld or delayed. Company shall have the right to review and approve any submission to be made in connection with such proceeding, which approval will not be unreasonably withheld or delayed. If there is disagreement regarding whether a reexamination, supplemental examination, reissue or similar administrative proceeding relating to Company Product Related Patent Rights or Joint Patent Rights should be initiated, such disagreement shall be referred to the senior intellectual property officers of the Parties. In the event that these two executives do not, after reasonable good faith efforts, reach agreement, the resolution and/or course of conduct shall be determined by MSD. In the event that MSD chooses not to initiate a proceeding under this Section 7.2.2, Company shall have the right to initiate such proceeding. The initiating Party shall have the first right to control such proceedings.
Party Initiated Proceedings. Merck shall have the first right to initiate a reexamination, supplemental examination, reissue or similar administrative proceeding relating to Program Collaboration Patent Rights. Notwithstanding the foregoing, Merck shall not initiate any such proceeding without the prior written consent of Sutro, which consent shall not be unreasonably withheld or delayed. Sutro shall have the right to review and approve any submission to be made in connection with such proceeding, which approval will not be unreasonably withheld or delayed. If there is disagreement regarding whether a reexamination, supplemental examination, reissue or similar administrative proceeding relating to Program Collaboration Patent Rights should be initiated, such disagreement shall be referred to the senior intellectual property officers of the Parties. In the event that these two executives do not, after reasonable good faith efforts, reach agreement, the resolution and/or course of conduct shall be determined by Merck. In the event that Merck chooses not to initiate a proceeding under this Section 9.2.2, and upon Merck’s written consent, Sutro shall have the right to initiate such proceedings. The initiating Party shall have the first right to control such proceedings.
Party Initiated Proceedings. Licensee shall have the first right, but not the obligation, to initiate and control a reexamination, supplemental examination, reissue or similar administrative proceeding relating to the MSD Patents, and shall have the sole right at its discretion, but not the obligation, to initiate and control a reexamination, supplemental examination, reissue or similar administrative proceeding relating to the Improvement Patents. MSD shall have the right to review and comment on any submission to be made in connection with such proceedings, which Licensee will consider in good faith. In the event Licensee determines not to initiate or control any such proceedings relating to the MSD Patents, then it shall so notify MSD and MSD shall have the right, but not the obligation, to assume control of such actions.
Party Initiated Proceedings. Merck shall have the first right to initiate a reexamination, supplemental examination, reissue, or similar administrative proceeding relating to ModeX Patent Rights or Joint Patent Rights. Notwithstanding the foregoing, Merck ***. ModeX shall *** If there is disagreement regarding whether a reexamination, supplemental examination, reissue, or similar administrative proceeding relating to ModeX Patent Rights or Joint Patent Rights should be initiated, ***. In the event that Merck chooses not to initiate a proceeding under this Section 7.2.2, and upon Merck’s written consent, ModeX shall have the right to initiate such proceedings. The initiating Party shall have the first right to control such proceedings.
Party Initiated Proceedings. Aptose shall have the first right to initiate a reexamination, supplemental examination, reissue or similar administrative proceeding relating to Hanmi Patent Rights in the Territory. Notwithstanding the foregoing, Aptose shall not initiate any such proceeding without the prior written consent of Hanmi, which consent shall not be unreasonably withheld or delayed. Hanmi shall have the right to review and approve any submission to be made in connection with such proceeding, which approval will not be unreasonably withheld or delayed. If there is disagreement regarding whether a reexamination, supplemental examination, reissue or similar administrative proceeding relating to Hanmi Patent Rights should be initiated, such disagreement shall be referred to the senior intellectual property officers of the Parties. In the event that these two executives do not, after reasonable good faith efforts, reach agreement within thirty (30) days, the resolution and/or course of conduct shall be determined by Aptose. If Aptose fails to promptly initiate such proceedings, Hanmi may send notification to Aptose to urge Aptose’s prompt initiation of such proceedings, which Aptose shall follow so long as reasonable and practicable. In the event that Aptose chooses not to initiate a proceeding under this Section 9.3.3, and upon Aptose’s written consent, Hanmi shall have the right to initiate such proceedings. The initiating Party shall have the first right to control such proceedings.
Party Initiated Proceedings. Merck shall have the sole right and discretion to initiate a reexamination, supplemental examination, reissue or similar administrative proceeding relating to Product-Specific Company Patent Rights or Joint Patent Rights. Company shall have the right to review any submission to be made in connection with such proceeding. If there is disagreement regarding whether a reexamination, supplemental examination, reissue or similar administrative proceeding relating to Product-Specific Company Patent Rights or Joint Patent Rights should be initiated, such disagreement shall be referred to the senior intellectual property officers of the Parties. In the event that these two executives do not, after reasonable efforts, reach agreement, the resolution and/or course of conduct shall be determined by Merck. In the event that Merck chooses not to initiate a proceeding under this Section 7.2.2, and upon Merck’s written consent, Company shall have the right to initiate such proceedings. Merck shall have the right to control such proceedings.
Party Initiated Proceedings. (a) [**] Patent Rights and Joint Patent Rights. [**] shall have the first right to initiate a reexamination, supplemental examination, reissue or similar administrative proceeding (“Party Initiated Proceedings”) relating to [**] Patent Rights or Joint Patent Rights. Notwithstanding the foregoing, [**] shall not initiate any such proceeding without the prior written consent of [**], which consent shall not be unreasonably withheld, conditioned or delayed. [**] shall have the right to review and approve any submission to be made in connection with such proceeding, which approval will not be unreasonably withheld, conditioned or delayed. If there is disagreement regarding whether a Party Initiated Proceeding relating to such [**] Patent Rights or Joint Patent Rights should be initiated, such disagreement shall be referred to the senior intellectual property officers of the Parties. In the event that these two executives do not, after reasonable good faith efforts, reach agreement, the resolution and/or course of conduct shall be determined by [**]. In the event that [**] chooses not to initiate a proceeding under this Section 7.2.2(a), and upon [**] written consent, which consent shall not be unreasonably withheld, conditioned or delayed, [**] shall have the right to initiate such proceedings. The initiating Party under this Section 7.2.2(a) shall have the first right to control such proceedings.
Party Initiated Proceedings. [***] shall have the first right, but not the obligation, to initiate a reexamination, supplemental examination, reissue or similar administrative proceeding relating to Product-Specific Patents or Joint Patents [***].
Party Initiated Proceedings. (a) Merck shall have the first right to initiate a reexamination, supplemental examination, reissue or similar administrative proceeding relating to Merck Collaboration Patent Rights that are described in Section 10.4.1(b)
