Patent Term Extension and Supplementary Protection Certificate. Upon receiving Marketing Approval for a POZEN Product, the Parties agree to coordinate the application for any patent term extension or supplementary protection certificates that may be available. The primary responsibility of applying for any extension or supplementary protection certificate will be the Party having the right to make the application under the Applicable Law. The Party responsible for filing the application will keep the other Party fully informed of its efforts to obtain such extension or supplementary protection certificate. Each Party will provide prompt and reasonable assistance, without additional compensation, to obtain such patent extension or supplementary protection certificate. The Party filing such request will pay all expenses in regard to obtaining the extension or supplementary protection certificate.
Patent Term Extension and Supplementary Protection Certificate. (i) Except as provided in Section 7.2.4(ii), AbbVie shall be responsible for making decisions regarding patent term extensions, including supplementary protection certificates and any other extensions that are now or become available in the future, wherever applicable, for Galapagos Patents, AbbVie Patents and Joint Patents in any country or other jurisdiction; provided, that any Dispute with respect thereto shall be finally and definitively resolved by AbbVie.
Patent Term Extension and Supplementary Protection Certificate. As between the Parties, [***] shall have the sole right to make decisions regarding, and to apply for, patent term extensions worldwide, including the United States with respect to extensions pursuant to 35 U.S.C. § 156 et. seq. and in other jurisdictions pursuant to supplementary protection certificates, and in all jurisdictions with respect to any other extensions that are now or become available in the future, wherever applicable, solely for the AbbVie Patents, Morphic Patents, and Joint Patents that claim any Licensed Compound or Licensed Product or the Exploitation of such Licensed Compound or Licensed Product; provided that, [***] shall consult with [***] to determine the course of action with respect to such filings. Morphic shall provide prompt and reasonable assistance, as requested by [***] and at [***] expense, including by taking such action as patent holder as is required under any Applicable Law to help [***] obtain such extension or supplementary protection certificate.
Patent Term Extension and Supplementary Protection Certificate. As between the Parties, regardless of which Party is filing, prosecuting and maintaining any Licensed Patent, PhaseBio Selected Patent or Joint Patent pursuant to this Section 5.2, the Parties shall attempt to make decisions by mutual agreement regarding patent term extensions, in the Territory, including the United States with respect to extensions pursuant to 35 U.S.C. §156 et. seq. and in other jurisdictions pursuant to supplementary protection certificates, and in all jurisdictions with respect to any other extensions that are now or become available in the future, wherever applicable, for the Licensed Patents, the PhaseBio Selected Patents and Joint Patents and with respect to Licensed Compounds and Licensed Products, in each case including whether or not to so apply. If, with respect to any Licensed Compound or Licensed Product and a country, the Parties cannot agree on which Licensed Patent, PhaseBio Selected Patent or Joint Patent as to which the term is to be extended in such country, then with respect to Licensed Patents, PhaseBio Selected Patents and Joint Patents in such country, the Parties shall mutually agree on a Third Party patent lawyer (whose costs shall be borne equally (50/50) between the Parties) and shall give such lawyer instructions to resolve such disagreement in a manner designed to maximize the period of exclusivity for such Licensed Compound or Licensed Product, and the decision of such lawyer shall be binding on the Parties. For clarity, Licensee shall have the sole right to make decisions regarding, and shall have the sole right to *** CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], 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. apply for, patent term extensions in the Territory with respect to PhaseBio Patents that are not PhaseBio Selected Patents.
Patent Term Extension and Supplementary Protection Certificate. Xynomic shall have the right to make decisions regarding patent term extensions, including supplementary protection certificates and any other extensions that are now or become available in the future, wherever applicable, for Pharmacyclics Patents in any country or other jurisdiction. Xynomic shall have the primary responsibility of applying for any extension or supplementary protection certificate with respect to such Patents in the Territory. Pharmacyclics shall provide reasonable assistance, as requested by and at the sole cost of Xynomic, including by taking such action as patent holder as is required under any Applicable Law to obtain such extension or supplementary protection certificate.
Patent Term Extension and Supplementary Protection Certificate. (i) Except as provided in Section 7.2.4(ii), AbbVie shall be responsible for making decisions regarding Patent term extensions, including supplementary protection certificates and any other extensions that are now or become available in the future, wherever applicable, for Ablynx Product Patents, AbbVie Patents, and any Joint Patents in any country or other jurisdiction; provided, that any Dispute with respect thereto shall be finally and definitively resolved by AbbVie.
Patent Term Extension and Supplementary Protection Certificate. AbbVie shall be responsible for, and shall exercise Commercially Reasonable Efforts with respect to, making decisions regarding patent term extensions, including supplementary protection certificates and any other extensions that are now or become available in the future, wherever applicable, for Receptos Patents or AbbVie Patents in any country or other jurisdiction. In this regard, AbbVie shall make such decisions without regard for any compounds, technologies or other intellectual property beyond Licensed Compounds and Licensed Products if it is reasonable to expect that the potential protection of any Licensed Compound or Licensed Product could be adversely affected by taking any such other interests into account. AbbVie shall have the responsibility of applying for any extension or supplementary protection certificate with respect to such Patents in the Territory. AbbVie shall keep Receptos fully informed of its efforts to obtain such extension or supplementary protection certificate. Receptos shall provide prompt and reasonable assistance, as requested by AbbVie, including by taking such action as patent holder as is required under any Applicable Law to obtain such patent extension or supplementary protection certificate. AbbVie shall pay all expenses in regard to obtaining the extension or supplementary protection certificate in the Territory (except to the extent any such expense constitutes an Allowable Expense).
Patent Term Extension and Supplementary Protection Certificate. As between the Parties, Licensee shall have the sole right to make decisions regarding and to apply for, patent term extensions, in the Territory, including in the United States with respect to extensions pursuant to 35 U.S.C. §156 et. seq. and in other jurisdictions pursuant to supplementary protection certificates, and in all jurisdictions with respect to any other extensions that are now or become available in the future, wherever applicable, for the Exclusive Licensed Patents and the Licensed Products, in each case including whether or not to do so; provided that MedImmune shall consult with Licensee to determine the course of action with respect to such filings. MedImmune shall provide prompt and reasonable assistance, as requested by Licensee, including by taking such reasonable action as patent holder as is required under any Applicable Law to obtain such extension or supplementary protection certificate.
Patent Term Extension and Supplementary Protection Certificate. As between the Parties, [***] will have the sole right to make decisions regarding, and to apply for, patent term extensions in the Territory, including in the United States with respect to extensions pursuant to 35 U.S.C. §156 et. seq. and in other jurisdictions pursuant to supplementary protection certificates, and in all jurisdictions with respect to any other extensions that are now or become available in the future, wherever applicable (collectively, the “Extensions”), for the [***] Patent Rights and [***] Patent Rights, in each case including whether or not to do so. [***] will provide prompt and reasonable assistance with respect thereto, as requested by [***], including by taking such action as is required under any Applicable Law to obtain such extension or supplementary protection certificate. As between the Parties, [***] will have the sole right to make decisions regarding, and to apply for, Extensions for the [***] Patent Rights, [***] Patent Rights, and [***].
Patent Term Extension and Supplementary Protection Certificate. Ablynx shall be responsible for taking all decisions regarding Patent term extensions, including supplementary protection certificates and any other extensions that are now or become available in the future, wherever applicable, for Ablynx Nanobody Patents. It is the intention of the Parties that patent term extensions and supplementary protection certificates for the Licensed Compound and Licensed Products shall be secured using the Ablynx Product Patents, Joint Patents or AbbVie Patents. Only where it is not reasonably possible to secure patent term extensions and supplementary protection certificates for the Licensed Compound and Licensed Products under any of the Ablynx Product Patents, Joint Patents or AbbVie Patents, shall Ablynx in good faith consider any request by AbbVie to secure patent term extensions and supplementary protection certificates for the Licensed Compound and Licensed Products under the Ablynx Nanobody Patents (including the manner in which, if possible, the same can be secured under the Ablynx Nanobody Patents), taking into account (i) that the Ablynx Nanobody Patents are licensed by Ablynx to multiple licensees (on a compound-by-compound and target-by-target basis), (ii) the obligations of Ablynx to its other licensees with respect to the Ablynx Nanobody Patents, (iii) the reasonable interests of Ablynx in using the Ablynx Nanobody Patents to secure patent term extensions and supplementary protection certificates for its own products and product candidates, and (iv) the chances of success in obtaining such patent term extensions and supplementary protection certificates for the Licensed Compound and Licensed Products under the Ablynx Nanobody Patents and the duration of the extension (if any) that could be obtained. Notwithstanding any of the foregoing, it is understood and agreed that Ablynx shall be allowed to take the final decision on any matter referred to in this Section 7.9.3.
