PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of all patents and the expense thereof shall be the responsibility of Genzyme (and/or its licensor of the Patent Rights).
PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of the Patent Rights in the Territory shall be managed by XENOMICS.
PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of the Patent Rights in the Territory shall be managed by XENOMICS. XENOMICS agrees to renegotiate the terms of this Agreement if XENOMICS is unable to secure issuance of one or more claims that cover substantially the same subject matter as the claims pending in Patent Rights as of the Effective Date in one or more patents in the Territory.
PATENT PROSECUTION; INFRINGEMENT. 6.1 (a) The prosecution, filing and maintenance of the Patent Rights in the Territory shall be managed by XENOMICS. Xenomics acknowledges and agrees that the nucleotide sequence claims set forth in the patent application as claims 16-35 and 56-71 as further described in the Patent Rights (the “NA Claims”) are of potential value to ASURAGEN. Within thirty (30) days of the Effective Date, Xenomics agrees to file a divisional application in the USPTO and the EPO requesting examination of the NA Claims and agrees to use commercially reasonable efforts to pursue the NA Claims. Xenomics agrees to renegotiate the terms of this Agreement if XENOMICS is unable to secure issuance of a Valid Claim that covers an ASURAGEN product within five (5) years of the Effective Date.
PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of the Patent Rights in the Territory shall be managed by TROVAGENE.
PATENT PROSECUTION; INFRINGEMENT. 6.1 The prosecution, filing and maintenance of the Patent Rights in the Territory shall be the responsibility of and managed by TROVAGENE. TROVAGENE shall, twice yearly in June and December, submit to SKYLINE a full report relating to the Patent Rights, the rights granted, opposition procedures and the like for the Territory. TROVAGENE warrants and represents to use all reasonable efforts to pursue the patent applications in each country of the Territory diligently and to obtain patents at the earliest time possible in each country of the Territory.
PATENT PROSECUTION; INFRINGEMENT. Enforcement of Intellectual Property Rights. In the event that the Company becomes aware of any infringement by a third party of any of the IP or Marks (“Infringing Activities”), it shall promptly institute, prosecute and control any action or proceeding with respect to any such Infringing Activities, using counsel of its choice, including any declaratory judgment action arising from such infringement.
PATENT PROSECUTION; INFRINGEMENT. AQ is obligated to, at AQ's expense, prepare and file one or more patent application(s) for any Lead Candidate(s) and Improvements and is obligated to pursue Patent Prosecution of such patent application(s) and patent(s) which issue from such application(s). AQ shall pursue any Patent Prosecution in a manner that it in good faith believes to be scientifically and commercially reasonable; provided, however, that (i) AQ shall determine in consultation with the Joint Project Team the timing and manner of such Patent Prosecution and the amount of resources, personnel, and effort, devoted by AQ to such Patent Prosecution, patent protection or the scope of the protection afforded by any allowed patent claim and (ii) provided that AQ diligently and in good faith pursues Patent Prosecution of a particular Lead Candidate, AQ shall have no liability or obligation to RandH for the failure to obtain any patent protection relating to any Lead Candidate or the scope of the protection afforded by any allowed patent claim. AQ shall pursue the prosecution of any actual or alleged infringement by a third party of any of the Licensed Technology (as defined in Section 9.1 below).
PATENT PROSECUTION; INFRINGEMENT. RandH shall cooperate with AQ's efforts regarding the Patent Prosecution, notify AQ of any possible claims of infringement of the Licensed Technology and cooperate with AQ in the prosecution of any actual or alleged infringement by a third party of any of the Licensed Technology.
PATENT PROSECUTION; INFRINGEMENT
