Program Antibody Patents. Surface shall have the sole right (but not obligation except as provided below) to Prosecute all Program Antibody Patents, at Surface’s expense, and prior to Commercial Option exercise, in Adimab’s name, and after Commercial Option exercise, in Adimab’ s name to the extent that any Licensed Program Antibody Patent is not assigned to Surface pursuant to Section 3.3(b)(i). Such right shall continue for the duration of the longer of the Evaluation Term and, if Surface exercises the Commercial Option, the term of the license under Section 3.3(b)(ii), subject to all of the following:
Program Antibody Patents. Subject to Adimab’s rights under Section 5.2(c), neither Party is entitled to practice or license any Program Antibody Patent that is not a Licensed Program Antibody Patent without consent of and without a duty of accounting to the other Party; except that (x) Adimab may practice such Program Antibody Patents within the scope of its license under Section 3.1(b) and (y) Arsanis may practice such Program Antibody Patents within the scope of its license under Section 3.1(a).
Program Antibody Patents. (i) Arsanis shall have the sole right (but not the obligation) to file and prosecute all Program Antibody Patents, all at Arsanis’ expense, including the costs of all foreign and PCT filings. Adimab will have the opportunity to review and comment upon any patent applications and correspondence related to preparing and prosecuting such Program Antibody Patents. Arsanis shall incorporate Adimab’s reasonable comments and shall confer and reasonably discuss with Adimab any concerns Arsanis has with Adimab’s comments and seek to resolve the concerns by mutual agreement. Arsanis shall give Adimab no less than [**] days to comment on each draft filing or patent office correspondence in connection with the foregoing prosecution. If additional documentation is required in order for Arsanis to exercise its rights under this paragraph, then the Parties’ respective patent counsel shall reasonably cooperate as to the form of such additional documentation and Adimab shall provide such required additional documentation (which may include a power of attorney).
Program Antibody Patents iTeos shall have the sole right to file and prosecute all Program Antibody Patents, at iTeos’s expense, and prior to Option exercise, in Adimab’s name. Such right shall continue for the duration of the longer of the Evaluation Term and, if iTeos exercises the Option, the Term, subject to all of the following:
Program Antibody Patents. Company hereby grants Twist a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right, including the right to grant and authorize sublicenses through multiple tiers, to practice and otherwise exploit Program Antibody Patents and any Inventions owned or controlled by Company, solely in connection with the use and exploitation by or under the authority of Twist of the Antibody Libraries.
Program Antibody Patents. On a Target-by-Target basis, Xxxxxxxx will have the sole right to file and prosecute all Program Antibody Patents, at Xxxxxxxx’x expense, and prior to Option exercise, Xxxxxxxx will record Adimab as the sole assignee, subject to the remainder of this Section 5.4(c) (Program Antibody Patents). Such right will continue for the duration of the longer of the Evaluation Term and, if Xxxxxxxx exercises the Option, the Term, subject to all of the following:
Program Antibody Patents. Scholar Rock shall have the sole right to file and prosecute all Program Antibody Patents, at Scholar Rock’s expense, and prior to Option exercise, recording Adimab as the sole assignee. Such right shall continue for the duration of the longer of the Evaluation Term (or Fibrosis Evaluation Term, as applicable) and, if Scholar Rock exercises the Option, the Term, subject to all of the following: *** Confidential Treatment Requested *** CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
Program Antibody Patents. Checkpoint shall have the sole and exclusive right to file, prosecute and maintain, defend and enforce all Program Antibody Patents, at Checkpoint’s expense, and prior to Option exercise, in Adimab’s name, and after Option exercise, in Checkpoint’s name. Such right shall continue for the duration of the longer of the Evaluation Term and, if Checkpoint exercises the Option, the Term. Such right shall include, following the exercise of the Option, having the exclusive right, but not the obligation, to, at its expense, initiate, prosecute, and control any action or legal proceedings, and/or enter into a settlement, including any declaratory judgment action, with respect to the Program Antibody Patents. In any such litigation brought by Checkpoint with respect to the Program Antibody Patents, Checkpoint shall have the right to join Adimab as a party to such litigation, and Adimab shall cooperate reasonably with respect thereto, as requested by Checkpoint and at Checkpoint’s cost. The exercise of the right to file and prosecute the Program Antibody Patents shall be subject to all of the following:
Program Antibody Patents. On a Research Program-by-Research Program basis, Alector will have the sole right (but not the obligation) to file, prosecute, maintain, defend, enforce and extend all Program Antibody Patents, at Alector’s expense. Such right will continue for the duration of the longer of the Evaluation Term and, if Alector exercises the Option, the Term, subject to all of the following:
Program Antibody Patents. On a Target-by-Target basis, Adagio will have the sole right to file and prosecute all Program Antibody Patents, at Adagio’s expense, and prior to Option exercise, Adagio will record Adimab as the sole assignee. Such right will continue for the duration of the longer of the Evaluation Term and, if Adagio exercises the Option, the Term, subject to all of the following:
