Prosecution. Commencing on the Effective Date, Licensee shall assume, in coordination with CSMC, full responsibility for the application, maintenance, reexamination, reissue, opposition and prosecution of any kind (collectively “Prosecution”) relating to the Patent Rights in the Territory, including, but not limited to, payment of all costs, fees and expenses related thereto. Subject to the approval of CSMC (which approval shall not be unreasonably withheld), Licensee shall have the right to select counsel with respect to the responsibility assumed by Licensee in this Section 5.1, and Licensee shall diligently pursue the Prosecution of the Patent Rights to the benefit of CSMC. For all purposes of the patent Prosecution, CSMC shall be the named “client” of such patent counsel. Each party shall provide the other with copies of any and all material or communications with the United States Patent and Trademark Office, or any foreign patent office, and CSMC shall be afforded the opportunity of prior review and comment on such action or paper.
Prosecution. Company may prosecute any infringement of the Patent Rights or the Copyrights at Company’s expense. Company must not settle or compromise any such litigation in a manner that imposes any obligations or restrictions on Cornell or grants any rights to the Patent Rights or the Copyrights (other than permitted sublicenses) and, if applicable, Technical Information and/or Materials without Cornell’s prior written permission. Financial recoveries from any such litigation will be: (a) first, applied to reimburse each party for their respective litigation expenditures; and (b) second, as to any remainder, retained by Company but treated as Sublicense Income for the purpose of determining the sublicense fees due to Cornell under Section 5.4. Cornell reserves the right to intervene at Cornell’s expense and join Company in any litigation under this Article 12. If Company does not prosecute any infringement of the Patent Rights or the Copyrights, then Cornell may elect to prosecute such infringement at Cornell’s expense, and any financial recoveries will be retained by Cornell in their entirety.
Prosecution. CDS shall have the initial right, but not the obligation, to initiate or prosecute an infringement or other appropriate suit or action against any Third Party who at any time has infringed or is suspected of infringing (an “Infringer”), any of the CDS Patent Rights covering a Product. CDS shall give Alimera sufficient advance notice of its intent to file said suit and the reasons therefore, and shall provide Alimera with an opportunity to make suggestions and comments regarding such filing; provided, however, that Alimera shall provide any such comments sufficiently in advance of any filing dates to allow for consideration by CDS, and further provided that it shall be within CDS’ sole discretion whether to incorporate such suggestions or comments. CDS shall keep Alimera reasonably informed of the status and progress of the litigation. CDS shall have the sole and exclusive right to select counsel for any such suit and action and shall pay [*], including, but not limited to, attorneys’ fees and court costs. If CDS has not taken legal action or been successful in obtaining cessation of the infringement within (a) ninety (90) days from the date of notice by Alimera under Section 7.6.1; (b) thirty (30) days after Alimera notifies CDS that Alimera would like to move for injunctive relief; or (c) ten (10) days before the expiration of a period of time set by applicable law in which action must be taken with respect to the alleged infringement (e.g., as may be required under the Xxxxx-Xxxxxx Act and 35 USC §271), then subject to any rights * Certain information has been omitted and filed separately with the commission. Confidential treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED granted to B&L under the B&L Agreement to enforce or prosecute any Patent Rights owned or Controlled by CDS, Alimera shall have the right to bring suit against an Infringer at Alimera’s own expense. This right of Alimera to bring suit, as well as to continue an existing suit, is also conditioned on all of the following requirements:
Prosecution. Etubics shall have the right, but not the obligation, to control the preparation, filing, prosecution and maintenance (including any oppositions, cancellations, interferences, reissue proceedings, derivation proceedings, or reexaminations) (collectively, “Prosecution” or “Prosecute”) of the Licensed Patents at Etubics’s sole expense. Etubics shall reasonably consult with NantBio regarding the patent filing strategy for the Licensed Patents prior to Prosecution thereof and the Prosecution of the Licensed Patents, in each case to the extent related to the Licensed Product or otherwise relevant to the rights granted hereunder, by providing NantBio a Reasonable Opportunity to review and comment on all proposed submissions to any patent office before submission. For the purpose of this Agreement, “Reasonable Opportunity” means that NantBio shall receive from Etubics or patent counsel true copies of all documents relating to the Prosecution of patent applications and patents within the Licensed Patents as soon as reasonably practical after Etubics has prepared or received such documents and materials, together with any documents submitted by Etubics to or received by Etubics from such patent office with respect to such Prosecution. Etubics shall, in its reasonable judgment and to the extent practicable, consider in good faith and reasonably incorporate NantBio’s comments concerning such documents and materials that Etubics receives from NantBio.
Prosecution. 8.1 The Parties may jointly file a patent application or other applications for the registration of any Intellectual Property Rights in Japan or in any foreign jurisdiction (an “Application”) with respect to any Joint Invention, provided that the Parties have first executed a joint application agreement between the Parties setting forth, among other matters, the content of the application, the application process and the maintenance.
Prosecution. As between the Parties, each Party shall have the sole right (but not the obligation) in its sole discretion (subject to, for Palomar, the MGH Agreement) to prosecute, maintain, enforce and defend any Patents (sub)licensed by such Party to the other Party hereunder, and such other Party shall have no rights with respect to any such activities.
Prosecution. Except as may otherwise be agreed by the Parties, in the License Agreement or otherwise, Penn shall control the preparation and prosecution of all patent applications and the maintenance of all patents related to Penn Intellectual Property. With regard to any patent applications filed at the request and expense of Sponsor, Penn will consult with Sponsor on patent prosecution. Sponsor shall reimburse Penn within [****] after receipt of invoice for all documented expenses incurred in connection with the filing and prosecution of the patent applications and maintenance of the patents that Sponsor has requested Penn to prosecute under Section 5.2 hereof.