Product-Specific Technology Patents. OncoGenex will have the sole right and at its sole cost and discretion, to obtain, prosecute and maintain throughout the world the Product-Specific Technology Patents including Joint Product-Specific Technology Patents. OncoGenex shall reimburse Isis for all of Isis’ reasonable out-of-pocket costs incurred prior to and after entering into this Agreement to obtain, prosecute and maintain throughout the world, any Product-Specific Technology Patents Controlled by Isis; provided however that OncoGenex will not be required to make any such reimbursements for expenses incurred by Isis after a Discontinuance. OncoGenex will keep Isis informed of all Isis Product Specific Technology Patent applications and registrations to be filed by OncoGenex, and Isis shall have the right to comment on such applications within the timeframes of the patent filing process and deadlines. Until a Product has reached the dosing of the first patient in a Phase II Clinical Trial stage of development, OncoGenex must accept Isis’ reasonable good faith comments on any Isis Product Specific Technology Patent applications and registrations covering such Product. Notwithstanding the foregoing, if Isis is unilaterally developing and commercializing a Product in accordance with Section 9.2, Isis will have the first right, subject to compliance with any Third Party agreements OncoGenex may have with respect to such Patents, to file, prosecute and maintain any Product-Specific Technology Patents pertaining to such Product at its sole expense, provided that if Isis elects not to (a) pursue the filing, prosecution or maintenance of an OncoGenex Product-Specific Technology Patent or a Joint Product-Specific Technology Patent in a particular country, or (b) take any other action with respect to OncoGenex Product-Specific Technology or Joint Product-Specific Technology in a particular country that is necessary or reasonably useful to establish or preserve rights thereto, then in each such case Isis will so notify OncoGenex promptly in writing and in good time to enable OncoGenex to meet any deadlines by which an action must be taken to establish or preserve any rights in such OncoGenex Product-Specific Technology or Joint Product-Specific Technology in such country, and OncoGenex will have the right, but not the obligation, to pursue the filing or registration, or support the continued prosecution or maintenance, of such OncoGenex Product-Specific Technology Patents or Joint Product-Specific Techno...
Product-Specific Technology Patents. With respect to Product-Specific Technology Patents, the Party owning such Patents will have the first right, but not the obligation, to remove such infringement, provided, however, that the other Party will reimburse the owner of such Patent for its Proportionate Share of the reasonable costs incurred by such owner relating to the removal of any such infringement. In the event the Party owning the Product-Specific Technology Patent fails to take commercially appropriate steps to remove any infringement of any such Product-Specific Technology Patent within ninety (90) days following notice of such infringement, or earlier notifies the other Party in writing of its intent not to take such steps, and such infringement is likely to have a material adverse effect on the Product, the other Party will have the right to do so at its expense, and the Party owning the Product-Specific Technology Patent will have the right, at its own expense, to be represented in any such action.
Product-Specific Technology Patents. With respect to Product-Specific Technology Patents, OncoGenex will have the first right, at OncoGenex’s expense, but not the obligation, to enforce against such infringement. In the event that OncoGenex fails to take commercially appropriate steps to enforce against any infringement of any such Product-Specific Technology Patent within ninety (90) days following notice of such infringement, or earlier notifies Isis in writing of its intent not to take such steps, and such infringement is likely to have a material adverse effect on the Product, Isis will have the right (the “Isis Step-in Right”) to do so at its expense, and OncoGenex will have the right, at its own expense, to be represented in any such action. If Isis is unilaterally developing and commercializing the Product pursuant to Section 9.2, Isis will have the right, at Isis’ own expense, to remove infringement of the Product-Specific Technology Patents. In the event that Isis fails to take commercially appropriate steps to enforce against any infringement of any such Product-Specific Technology Patent within ninety (90) days following notice of such infringement, or earlier notifies OncoGenex in writing of its intent not to take such steps, and such infringement is likely to have a material adverse effect on the Product, OncoGenex will have the right (the “OncoGenex Step-in Right”) to do so at its expense, and Isis will have the right, at its own expense, to be represented in any such action.
Product-Specific Technology Patents. With respect to Product-Specific Technology Patents, OncoGenex will have the first right, at OncoGenex’s expense, but not the obligation, to remove such infringement. In the event that OncoGenex fails to take commercially appropriate steps to remove any infringement of any such Product-Specific Technology Patent within ninety (90) days following notice of such infringement, or earlier notifies Isis in writing of its intent not to take such steps, and such infringement is likely to have a material adverse effect on the Product, Isis will have the right to do so at its expense, and OncoGenex will have the right, at its own expense, to be represented in any such action. If Isis is unilaterally developing and commercializing the Product pursuant to Section 9.2, Isis will have the right, at Isis’s own expense, to remove infringement of the Product-Specific Technology Patents.
Product-Specific Technology Patents. Sarissa will have the sole right and at its sole discretion, to obtain, prosecute and maintain throughout the world the Product-Specific Technology Patents. Sarissa shall reimburse Isis for all of Isis' reasonable out-of-pocket costs incurred prior to and after entering into this Agreement to obtain, prosecute and maintain throughout the world, any Product-Specific Technology Patents Controlled by Isis, provided however that Sarissa will not be required to make any such reimbursements for expenses incurred by Isis after the occurrence of the Discontinuance, as and when Sarissa issues such notice. As of December 31, 2004, these out-of-pocket costs where approximately $[***] Sarissa will keep Isis informed of all Isis Product Specific Technology Patent applications and registrations to be filed by Sarissa, and Isis shall have the right to comment on such applications within the timeframes of the patent filing process and deadlines. Notwithstanding the foregoing, if Isis is unilaterally developing and commercializing the Product in accordance with Section 9.2, Isis will have the first right to file, prosecute and maintain any Product-Specific Technology Patents at its expense.
Product-Specific Technology Patents. With respect to Product-Specific Technology Patents, Sarissa will have the first right, at Sarissa's expense, but not the obligation, to remove such infringement. In the event that Sarissa fails to take commercially appropriate steps to remove any infringement of any such Product-Specific Technology Patent within ninety (90) days following notice of such infringement, or earlier notifies Isis in writing of its intent not to take such steps, and such infringement is likely to have a material adverse effect on the Product, Isis will have the right to do so at its expense, and Sarissa will have the right, at its own expense, to be represented in any such action. If Isis is unilaterally developing and commercializing the Product pursuant to Section 9.2, Isis will have the right, at Isis's own expense, to remove infringement of the Product-Specific Technology Patents.
