Patents and Infringement. 8.1 Subsequent to the EFFECTIVE DATE, LICENSORS shall continue to have responsibility, at their shared expense, for filing, prosecuting and maintaining their jointly owned patent applications in the USPTO on TECHNOLOGY; DUKE shall continue to have responsibility, at its own expense, for filing, prosecuting and maintaining its solely owned patent applications in the USPTO on DUKE TECHNOLOGY; and MVP shall continue to have responsibility, at its own expense, for filing, prosecuting and maintaining its solely owned patent applications in the USPTO on MVP TECHNOLOGY. LICENSORS shall keep LICENSEE advised as to the prosecution of such applications by forwarding to LICENSEE copies of all official correspondence relating thereto, and shall give LICENSEE an opportunity to comment on all applications, responses to Office Actions, Declarations and other papers before they are filed with the USPTO, and shall consult with LICENSEE concerning the scope of allowed claims before paying any issue fee.
Patents and Infringement. 6.1 RESPONSIBILITY FOR JOINT PATENT RIGHTS. Company shall have primary responsibility, at Company's expense, for the preparation, filing, prosecution, and maintenance of all Joint Patent Rights (except as otherwise agreed in writing by University and by UC), using patent counsel selected by Company. Company shall consult with University as to the preparation, filing, prosecution, and maintenance of all such Joint Patent Rights reasonably prior to any deadline or action with the U.S. Patent & Trademark Office or any foreign patent office (a "Patent Office") and shall furnish University with copies of all relevant documents reasonably in advance of such consultation. Responsibility for any patent rights covered by the UMMC Cases shall be determined in accordance with Section 6.2 below.
Patents and Infringement. 8.1 From the Agreement Date and for the term of this Agreement, LICENSEE shall have primary responsibility using patent counsel of its choice reasonably acceptable to BAYLOR for filing, prosecuting and maintaining all patent applications and patents included in the Patent Rights licensed hereunder, except that BAYLOR may assume responsibility at its sole expense for pursuing any protection which LICENSEE declines to prosecute pursuant to Paragraph 8.2 of this Agreement.
Patents and Infringement. 46 7.1 FILING AND PROSECUTION OF PATENTS 46 7.2 MAINTENANCE OF PATENTS 46 7.3 PATENT TERM EXTENSIONS 47 7.4 INTERPRETATION OF PATENT JUDGMENTS 47 7.5 INFRINGEMENT ACTIONS. 47
Patents and Infringement. 7.1 After the Agreement Date, LICENSEE agrees to pay all costs, incident to the United States and foreign applications, patents and like protection, including all costs incurred for filing, prosecution, issuance and maintenance fees as well as any costs incurred in filling continuations, continuations-in-part, divisionals or related applications and any re-examination or reissue proceedings.
Patents and Infringement. SUPPLIER shall prosecute diligently each application for United States patent which is now or hereafter pending covering some one or more of the Products and on issuance diligently prosecute each infringer thereof. SUPPLIER shall repurchase from DISTRIBUTOR, at a price equivalent to the full purchase price paid by DISTRIBUTOR, any quantity of Products in DISTRIBUTOR's inventory which DISTRIBUTOR reasonably believes it should not or cannot sell, based on an opinion of DISTRIBUTOR's counsel that future sales by DISTRIBUTOR may result in patent, trade name, trademark, service xxxx, copyright or trademark infringement, or violation of any other proprietary right, or because of a decision, whether interlocutory or final, rendered in an action alleging any such infringement or violation.
Patents and Infringement. 24 VIII. Confidentiality.................................................27 IX. Representations, Warranties and Indemnification.................28 X.
Patents and Infringement. 8.1 Prosecution and Maintenance of Primary Lpath Patent Rights. From the Execution Date, Pfizer shall have the sole right to control the prosecution and maintenance of all Primary Lpath Patent Rights (including without limitation the ***, using patent counsel reasonably acceptable to Lpath. Pfizer shall keep Lpath reasonably informed of the course of the prosecution and maintenance of Primary Lpath Patent Rights and (ii) reasonably consider Xxxxx’s comments regarding such matters, and (iii) reasonably endeavor to undertake all suggestions by Lpath that are not unreasonable. Until expiration of Pfizer’s Expansion Rights, Lpath shall keep Pfizer reasonably informed of the course of the prosecution and maintenance of patents and patent applications Controlled by Lpath as of the Execution Date or at any time during the Term relating to any Licensed Product outside the Field and Lpath shall reasonably consider Pfizer’s comments. In the event that Pfizer does not obtain a license for Licensed Products outside the Field through the Expansion Rights, Lpath shall thereafter keep *** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission. 31 Pfizer reasonably informed with respect to such patents and patent applications other than those having applicability solely outside the Field.
Patents and Infringement. SUPPLIER shall prosecute diligently each application for patent which is now or hereafter pending covering some one or more of the Products and on issuance diligently prosecute each infringer thereof. SUPPLIER shall repurchase from VWR, at a price equivalent to the full purchase price paid by VWR, any quantity of Products in VWR's inventory which VWR reasonably believes it should not or cannot sell, based on the reasonable opinion of VWR's counsel that future sales by VWR may result in patent, trade name, trademark, service xxxx, copyright or trademark infringement, or violation of any other proprietary right, or because of a decision, whether interlocutory or final, rendered in an action alleging any such infringement or violation.
Patents and Infringement. 5.1 GENOMETRIX agrees to pay all costs incident to the filing, prosecuting and maintaining of the Subject Technology in the United States and elected foreign countries, and any and all costs incurred in filing continuations, continuations-in-part, divisionals or related applications thereon and any re-examination or reissue proceedings thereof.
