Patent Matters Sample Clauses
POPULAR SAMPLE Copied 1 times
Patent Matters. (a) Sellers shall use their reasonable efforts to satisfy the Patent Condition prior to Closing, including but not limited to providing Buyer with instruments and documents that will allow Sellers (or Buyer, as its successor in interest) to successfully withstand the Reexamination. From and after the date hereof until the Closing, Sellers shall use their reasonable efforts to take all actions and to do all things necessary, proper, or advisable in order to defend all lawsuits or other legal, regulatory or other proceedings to which either Seller is a party challenging or affecting the validity or enforceability of Sellers’ Registered Intellectual Property Rights and shall cooperate with Buyer following the Closing in Buyer’s efforts in doing the same.
(b) For the purposes of this Agreement, the “Patent Condition” shall be deemed to have been satisfied by Sellers if, prior to the Closing, Sellers have provided Buyers with (1) a letter from the PTO informing Sellers that it has elected to not pursue further the Reexamination regarding the Invention Patent or (2) appropriate affidavits sworn by either the Inventors identified in the Invention Patent or, to the extent allowed by the PTO, by Sellers, in either case supported by documentary or other evidence that Buyer has determined in its sole but reasonable discretion is sufficient to demonstrate with reasonable certainty that the Invention was conceived by the inventors set forth in the Invention Patent prior to the effective date of the reference cited in the Other Claim. To be useful in satisfying the Patent Condition, the technical disclosure contained in any such evidence must make the showing of facts, in character and weight, to establish reduction to practice of the Invention as claimed in the Invention Patent prior to the effective date of the reference cited in the Other Claim, or conception of the Invention as claimed in the Invention Patent prior to the effective date of the reference cited in the Other Claim coupled with due diligence from prior to said date to a subsequent reduction to practice or to the filing of the application for the Invention Patent. The documentary or other evidence provided by the Sellers may include, without limitation: (a) inventor notebooks, notes, and other electronic records maintained by the inventors with respect to the Invention (b) internal discussions (e-mails, memos, etc.) regarding the Invention, (c) drafts of patent applications with respect to the Invention ...
Patent Matters. SPTL shall have the first right, but not the obligation, to direct and control the preparation, filing, prosecution, issuance, maintenance (including interference, opposition and similar Third Party proceedings before the relevant patent office), enforcement and defense of any Patents (collectively, “Patent Matters”) in the JVC Developments. Otherwise, (a) for Joint Inventions owned by the JVC and SPTL, SPTL shall direct and control all Patent Matters at its cost, (b) for Joint Inventions owned by the JVC and AUO, AUO shall direct and control all Patent Matters at its cost, and (c) each of SPTL and AUO shall direct and control all Patent Matters for the Intellectual Property owned solely by it pursuant to this Agreement at its cost. All of the foregoing shall be as otherwise described in and governed by the terms and conditions of the IP Services Agreement.
Patent Matters. 4.1 Licensor shall have the right, but not the obligation, to prosecute and maintain all Patents to be issued pertaining to the Patent applications licensed in Exhibit A at its cost and expense. Licensor shall keep licensee reasonably apprised of all relevant actions regarding the status of such patents.
4.2 Each Party shall notify the other Party of any infringement of any intellectual property rights with regard to the License IP or a Licensed Product by a third party in the Field which becomes known to such Party, and of any claim of infringement by a third party that the activities of a Party infringe patent rights of such third party. Licensor shall have has sole responsibility and control of legal action relating to claims of infringement with respect to the Licensed Technology.
4.3 Licensor shall have the first right, but not an obligation, to initiate, maintain and control, at Licensor’s expense, legal action against any infringement of intellectual property rights relating to the Licensed Technology by a third party in the Field.
4.4 In any suit, proceeding or dispute involving infringement of any intellectual property rights relating to the License IP in the Field, the Parties shall provide each other with reasonable cooperation shall make available to each other , at reasonable times and under appropriate conditions, all relevant personnel, records, papers, information, samples, specimens, and the like in its possession.
Patent Matters. Exhibit A is an accurate listing by owner, inventor(s), serial number, filing date, country, and status of all patents and patent applications Controlled by Pfenex as of the Effective Date that may be necessary or useful for the development, manufacture, use, offer for sale, sale or import of the Products as contemplated herein.
Patent Matters. 4.1 Licensor shall have the right and the obligation to prosecute and maintain all Patents to be issued pertaining to the Patent applications licensed in Exhibit A at its cost and expense. Licensor shall keep licensee reasonably apprised of all relevant actions regarding the status of such patents. All intellectual property licensed under this agreement shall be for veterinary purposes only.
4.2 Each Party shall notify the other Party of any infringement of any intellectual property rights with regard to the Licensed Technology or a Licensed Product by a third party in the Field which becomes known to such Party, and of any claim of infringement by a third party that the activities of a Party infringe patent rights of such third party. Licensor shall have has sole responsibility and control of legal action relating to claims of infringement with respect to the Licensed Technology.
4.3 Licensor shall have the first right, but not an obligation, to initiate, maintain and control, at Licensor’s expense, legal action against any infringement of intellectual property rights relating to the Licensed Technology by a third party in the Field.
Patent Matters. Seller represents and warrants to the best of its knowledge that as of the Effective Date:
Patent Matters. 20 9.1 BioNumerik Patent Maintenance................................................................ 20 9.2 ASTA Medica Patent Maintenance and Assistance................................................ 21 9.3
Patent Matters. 20 10.1 BioNumerik Patent Maintenance .................................... 20 10.2 Grelan Patent Maintenance and Assistance ......................... 20 10.3 No Present Notification of Infringement- BioNumerik .............. 21 10.4 No Present Notification of Infringement- Grelan .................. 21 10.5 Enforcement of Patents and Proprietary Rights .................... 21
Patent Matters. CTT shall control all aspects of filing, prosecuting and maintaining patents. CTT shall notify DAEYANG of the issuance of any patents to be included in Licensed Technology.
Patent Matters. In consideration of the licenses granted herein, UCSF shall refrain from any participation in or initiation of any opposition, interference or conflict involving the Licensed Patents.