Product Patents. Quoin shall have the sole right to enforce the Product Patents in the Territory, and shall retain any damages or other amounts collected in connection therewith. Licensee will not take any actions that would challenge Quoin’s ownership in the Product Patents, or contest the validity of the Product Patents. Such actions would be considered a breach of the Agreement.
Product Patents. Artiva shall have the first right, but not the obligation, at Artiva’s expense, to control the preparation, filing, prosecution (including any interferences, re-issue proceedings and re-examinations) and maintenance of the Product Patents in the Territory. Artiva shall keep GCLC reasonably informed of progress with regard to the preparation, filing, prosecution and maintenance of Product Patents in the Territory, including the countries in the Territory in which it intends to file, maintain or abandon a given Product Patent. Artiva will notify GCLC of all warning letters, conflict proceedings, re-examinations, re-issuance, oppositions, revocation proceedings or any other material challenge relating to a given Product Patent in the Territory. Artiva will consult with, and consider in good faith the requests and suggestions of, GCLC with respect to strategies for filing and prosecuting such Product Patents in the Territory. In the event that Artiva desires to abandon or cease prosecution or maintenance of any Product Patent in the Territory, Artiva shall provide reasonable prior written notice to GCLC of such intention (which notice shall, in any event, be given no later than [***] days prior to the next deadline for any action that may be taken with respect to such Product Patent in the Territory with the applicable patent office), and upon GCLC’s written election provided no later than [***] days after such notice from Artiva, Artiva shall continue prosecution or maintenance of such Product Patent at GCLC’s direction and expense. If GCLC does not provide such election within [***] days after such notice from Artiva, Artiva may continue prosecution and maintenance of such Product Patent in the Territory or discontinue prosecution and maintenance of such Product Patent in the Territory. GCLC shall have the sole right, but not the obligation, at GCLC’s expense, to control the preparation, filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of the Product Patents outside the Territory. GCLC shall keep Artiva reasonably informed of progress with regard to the preparation, filing, prosecution and maintenance of Product Patents outside the Territory to the extent such activities could affect the Product Patents in the Territory.
Product Patents. Artiva shall have the sole right, at its sole expense, to Prosecute and Maintain, defend and enforce any and all Patents that Cover an Artiva Product Invention (and not an Affimed Invention or Joint Collaboration Invention) (“Artiva Product Patents”). Affimed shall have the sole right, at its sole expense, to Prosecute and Maintain, defend and enforce any and all Patents that Cover an Affimed Invention (and not an Artiva Product Invention or Joint Collaboration Invention) (“Affimed Patents”). [*****].
Product Patents. Denali shall be the Controlling Party with respect to any Product Patents worldwide. Unless agreed to by the Parties, Denali shall file the Product Patents in at least the countries and jurisdictions set forth in Schedule 9.2.1(c) and use Commercially Reasonable Efforts to [***]. Notwithstanding Section 9.2.3, [***].
Product Patents. As between Novartis and Voyager, Novartis will have the sole right, but no obligation, to take action to obtain a discontinuance of infringement or bring suit against a Third Party infringing or challenging the validity or enforceability of any Licensed Product Patent in the Territory, and any such litigation or steps will be at Novartis’s expense and all recoveries will be retained by Novartis.
Product Patents. U.S. Patent No. 6,905,708 (the “Andrx Patent”) Schedule 1.5
Product Patents. Licensee shall be registered as applicant, holder, or assignee (as the case may be) of any Product Patent(s). Licensee shall be responsible, at its expense and discretion, for the preparation, filing, prosecution, maintenance and defense of any Product Patent. Licensor shall cooperate with Licensee in obtaining patent protection for the Affibody® Ligand(s) and/or the Product Technology by furnishing available information and by procuring the signature of necessary documents by its employees.
Product Patents. Commencing on the Effective Date, Geron shall have the first right but not the obligation, to assume responsibility for filing, prosecution and maintenance of the Product Patents in the name of AngioChem and all costs associated therewith. To enable Geron to perform such function, AngioChem, within sixty (60) days after the Effective Date, shall provide to Geron all records Controlled by AngioChem related to the filing, prosecution and maintenance of the Product Patents, shall execute and file with the appropriate patenting agencies such powers of attorney and other instruments which may be deemed necessary by Geron to enable Geron to file, prosecute and maintain the Product Patents, and shall take such other actions as may reasonably be requested by Geron to enable Geron to perform this function. Notwithstanding the foregoing, if Geron elects not to file, prosecute or maintain a Product Patent, it will promptly inform AngioChem in writing, and AngioChem will have the right, but not the obligation, to file, prosecute or maintain such Product Patent, in any country or countries, at its sole cost and expense, using counsel of Geron’s choice.. In that case, at AngioChem’s request and expense, Geron shall assist in filing, prosecuting and maintaining such Product Patents in any and all countries by executing such applications, specifications, oaths, and all other instruments which AngioChem shall deem necessary in order to apply for and obtain such rights. The Parties shall agree on a plan to file specific divisional, continuation or new patent applications based on Technology Patents, which divisional, continuation or new patent applications will be Product Patents as defined in Section 1.48, and shall cooperate to effectuate the filings in accordance with such plan. ____________________ * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Product Patents. As between Geron and AngioChem, Geron shall have the first right to assert the Product Patents, at its own sole cost and expense, using counsel of its choice, to xxxxx infringement within the Field, and to control the defense of any declaratory judgment action relating to Product Patents. Geron shall keep AngioChem informed of developments in any such action or proceeding, including consultation on any settlement, the status of any settlement negotiations and the terms of any offer related thereto. AngioChem shall cooperate fully in any such action, including, without limitation, being named as a party plaintiff as necessary, and will provide any information or assistance that Geron may reasonably request. In any such action, Geron shall not knowingly take any position adverse to the issuance or maintenance of any Technology Patent. Geron shall have the right to use counsel of its own choice in any such action, and shall bring the action at its own sole cost and expense. Any recovery from any such action shall (a) first be applied to Geron’s costs and expenses, and (b) then to AngioChem’s costs and expenses, and (c) any surplus shall then be treated as Net Sales, and shall be subject to a royalty obligation of * percent (*%).
Product Patents. Sano shall, at its expense, use its diligent efforts, to the extent practicable, to patent the Licensed Products, as well as patentable ideas, concepts, inventions or discoveries (collectively, "Inventions") developed in connection with the Licensed Products or the manufacture thereof during the term of this Agreement (any of which is referred to as a "Product Patent") in countries throughout the Territory, to the extent agreed by the parties.
