Patent Prosecution and Enforcement. There are no provisions in such related license agreement concerning the prosecution, maintenance, enforcement or defense with respect to the Licensed Patents.
Patent Prosecution and Enforcement. 10 ARTICLE 8 - TERMINATION............................................12 ARTICLE 9 - INDEMNIFICATION........................................13 ARTICLE 10 - ASSIGNMENT............................................13 ARTICLE 11 - AGENCY................................................14
Patent Prosecution and Enforcement. Company will have the first right to prepare, file, prosecute and maintain Patent Rights, in Mayo’s name, with prior advice and comment from Mayo. In the event of a disagreement between Company and Mayo regarding the Patent Rights, Mayo shall make the decision. Regardless of who is controlling the actions, Company shall pay all costs and expenses associated with the filing, prosecution and maintenance of the Patent Rights within thirty days invoice. Mayo will have no liability to Company for any act or omission in the preparation, filing, prosecution, maintenance, abandonment, enforcement, defense or other handling of the Patent Rights or Know-How. The Company will promptly inform Mayo of any suspected infringement of any Patent Rights and Mayo and the Company will have the right to institute an action for infringement of the Licensed Patent consistent with the following:
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Patent Prosecution and Enforcement. Solely in the event of execution of, and in such event promptly after the effective date of, the definitive license agreement entered into between the Parties with respect an Option exercised by Xxxxxxx as contemplated by this Section 10.5: (i) Poseida shall transfer to Xxxxxxx, and Xxxxxxx shall thereafter be solely responsible for, the prosecution and maintenance of all Patent Rights under the applicable Poseida CAR Molecule Technology and/or Poseida Therapeutic Molecule Technology in the Xxxxxxx Field for which an exclusive license has been granted to Poseida thereunder; and (ii) the Parties shall confer and mutually agree upon an enforcement strategy regarding such Patents Rights that are exclusively licensed to Xxxxxxx thereunder against any infringement through the manufacture, use, offer for sale, sale or importation of the applicable Centyrin CAR Molecule(s) and/or Centyrin Therapeutic Molecule(s).
Patent Prosecution and Enforcement. 7.1 U.S. Applications. LICENSEE hereby authorizes UKRF, in the name of UKRF or its employees, at UKRF's expense, to apply for and seek prompt issuance of, and upon issuance, maintain during the term of this Agreement U.S. patent applications and patents as described in the PATENT RIGHTS or as may otherwise apply to the TECHNOLOGY. UKRF shall apply all reasonable efforts to retain broad patent claims as are reasonable and practical taking into consideration the need and likelihood of patent issuance and enforceability. LICENSEE shall take all actions necessary to cooperate with and assist UKRF in the filing and prosecution of such patent applications including but not limited to appropriate invention disclosures and execution of documents as requested by UKRF's patent counsel. UKRF shall keep LICENSEE informed as to the status of such patent applications including providing LICENSEE with copies of all written communications with the patent offices, and consulting with LICENSEE on responses to the patent offices in advance of submission. If UKRF fails to diligently pursue any of such patent applications and, within sixty (60) days of LICENSEE's written request, fails to take such actions set forth in such request respecting the prosecution of any of such patent applications or if UKRF abandons any such patent application, LICENSEE shall have the right, at its expense, to take such actions as are necessary to pursue such patent applications, and LICENSEE shall have the right to offset against payments due to UKRF hereunder until the expenses incurred by LICENSEE to pursue such patent application have been recouped.
Patent Prosecution and Enforcement. Genentech shall be solely responsible, at its sole discretion and expense, for the prosecution, defense, and maintenance of the Licensed Patents and Genentech Technology Patents (including whether to undertake such activities), and for enforcing the same against actual or suspected Third Party infringers (including whether to undertake such activities).
Patent Prosecution and Enforcement. 12.01 Protox shall have full responsibility, including financial responsibility, for filing, prosecuting and maintaining all the Patents in the Territory during the term of this Agreement. If Protox elects to abandon any part of the Patents in the Territory, Protox shall provide written notice of such election to Kissei, and Kissei shall have the right, at its sole discretion, and exercisable within thirty (30) days of its receipt of such notice from Protox to have such part of the Patents assigned to it and/or assume responsibility, including financial responsibility, for such part of the Patents. Protox shall give reasonable assistance to Kissei to support prosecution and defense of such Patents (excluding financial assistance) should Kissei elect to continue prosecution.
Patent Prosecution and Enforcement. 14.1 Licensor will control and be responsible for preparing, filing, prosecuting, defending, litigating and extending and maintaining Licensor’s Patents for the Product in the Territory using a patent attorney of Licensor’s choice (and ***Confidential Treatment Requested ***Text Omitted and Filed Separately with the Securities and Exchange Commission. Confidential Treatment Requested Under 17 C.F.R. Sections 200.80(b)(4) and 230.406 reasonably acceptable to Omthera), and subject to prior consultation with Omthera. Licensor will timely provide all materials regarding same for review by and consultation with Omthera (including before making any submissions or statements to any patent office or court). Each Party will reasonably cooperate with the other in those activities. If Licensor elects not to pursue patent protection in a country with respect to any Licensor’s Patent, then Omthera may elect to do so under its own control. All recoveries from enforcing any Licensor’s Patent will first be used to reimburse the Parties for their reasonable and evidenced out-of-pocket costs, and any remainder paid to the Parties in accordance with their relative economic interests under this Agreement. Omthera will have the right to participate with Licensor in any court or administrative proceedings at their own costs.
Patent Prosecution and Enforcement. If Astellas is responsible for the prosecution or maintenance of any Collaboration Patents [*] at the effective date of termination, Astellas shall promptly transfer to Cytokinetics, and Cytokinetics shall thereafter be solely responsible for, the prosecution and maintenance of such Collaboration Patents that are [*] under Section [*]. Cytokinetics shall have the first right to enforce at Cytokinetics’ sole cost the Collaboration Patents that are [*] under Section [*], in each case against any infringement that adversely affects or is expected to adversely affect Tirasemtiv or Product.
