Common use of Prior Technology Clause in Contracts

Prior Technology. All right, title and interest in and to the Prior Technology shall, as between the Parties, be jointly owned by Merck and Metabasis. Each Party hereby assigns to the other a joint ownership interest in and to its interest in the Prior Technology. It is understood that, except as expressly set forth in this Agreement, neither Party shall have any right to research, develop, commercialize and/or otherwise exploit Prior Technology without the express written consent of the other Party.