Prosecution Maintenance and Enforcement. All Licensed IP in existence as of the date hereof licensed or sublicensed under this Agreement is licensed or sublicensed as such Intellectual Property Rights exist as of the Effective Date and is subject to preexisting licenses granted thereunder. Nothing contained in this Agreement shall be construed as:
Prosecution Maintenance and Enforcement. 8.2.1 Intrexon shall have the first right, at its sole expense, to prepare, file, prosecute and maintain the Collaboration Supported Product Patents. Intrexon shall give Halozyme an opportunity to review and comment on the text of each patent application included within the Collaboration Supported Product Patents before filing, shall supply Halozyme with a copy of such patent application as filed, together with notice of its filing date and serial number, and shall give Halozyme an opportunity to review and comment on the text of all correspondence received from any patent office. Intrexon shall consider in good faith the interests of Halozyme in the prosecution of the Collaboration Supported Product Patents. Halozyme shall assist Intrexon, upon request and at Intrexon’s sole expense, and to the extent commercially reasonable, in connection therewith. If Intrexon elects not to file any patent application included in the Collaboration Supported Product Patents in any country, or decides to abandon any such pending application or issued patent in any country, then Intrexon shall provide written notice to Halozyme, and Halozyme shall have the right at its sole expense to assume control of the preparation, filing, prosecution and maintenance of such patent application or patent at its own expense.
Prosecution Maintenance and Enforcement. Company acknowledges and agrees that this Agreement does not confer upon Company any rights or obligations with respect to the prosecution, maintenance and enforcement of the Licensed Patents.
Prosecution Maintenance and Enforcement. R-Pharm shall have the exclusive right to prepare applications for, prosecute, maintain, defend, and enforce, at its own costs, the R-Pharm Know How, Compound Agreement IP and any other Agreement IP solely owned by R-Pharm. OV shall have the exclusive right to prepare applications for, prosecute, maintain, defend, and enforce, at its own costs, any Agreement IP solely owned by OV. The Parties shall work in good faith to coordinate the prosecution, maintenance, defense, and enforcement of any Joint Agreement IP.
Prosecution Maintenance and Enforcement. The rights of each of Philips and SPE to prosecute, maintain and enforce the Licensed Xxxx Patents shall (solely for ease of reference and convenience) be as set forth in Sections 9.2, 9.4, 9.5, 12.1, 12.2, 12.5, 12.6 and 12.7 of the Xxxxxx-Xxxxxxx Agreement, with references to Xxxxxx in such sections deemed references to SPE, mutatis mutandis.
Prosecution Maintenance and Enforcement. Biosite, at its sole expense, shall be responsible for and shall control the preparation, filing, prosecution, maintenance and enforcement of the Patent Rights.
Prosecution Maintenance and Enforcement. 3.14.1 *** Campxxxx & Xlorxx XXX, or another intellectual property counsel with biotechnology expertise specifically in the field of human antibodies, shall be appointed by mutual agreement between the parties and retained as * CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION. the intellectual property counsel for the prosecution and maintenance of all patent applications and patents which claim Program Antibodies.
Prosecution Maintenance and Enforcement. AIF will have sole control over, and exclusive responsibility for, all prosecution and maintenance of the Licensed Patents, and any enforcement action taken against third parties in AIF’s sole discretion for infringement of the Licensed Patents. Licensee will reimburse AIF for all of AIF’s costs and expenses incurred in such prosecution, maintenance, or enforcement. AIF will invoice Licensee for such costs and expenses on a quarterly basis, and Licensee shall pay such invoiced amounts within thirty (30) days after the date of invoice. Licensee will promptly notify AIF if it becomes aware of any suspected infringement of the Licensed Patents by a third party.
Prosecution Maintenance and Enforcement. Amgen shall transfer to Company within 90 days of the Effective Date of the Termination License Agreement Product IP prosecution and maintenance responsibilities and costs. Amgen shall reasonably cooperate with Company to prosecute, maintain and enforce the Product IP. Company shall have the first right, but not the obligations, to maintain the Product IP. Provention shall have the first right, but not the obligation to enforce the Product IP against infringers. Any recovery in respect of an enforcement action shall be treated as Net Sales. Program Costs Except as set forth herein, Company shall assume all Product costs arising and relating to the period that begins after the Effective Date of the Termination License Agreement. Approval Milestone Payments Company will provide notice of the achievement of each of the following milestones within ten (10) business days thereof and thereafter, within forty-five days of delivery of such notice, shall pay to Amgen the following one-time milestone payment: [*****] US$[*****] [*****] Royalties For each quarter in the term, Company would pay to Amgen, within forty-five (45) days following the end of such quarter, royalties of [*****]% of Net Sales (to be defined as defined in the Collaboration Agreement) of Product(s). The royalties payable under the Agreement would be subject to an offset equal to [*****]% of any amounts that Company pays to third parties for rights to develop, manufacture or commercialize Product(s) and other customary deductions (including those contained in the Collaboration Agreement).
Prosecution Maintenance and Enforcement. Licensor shall have the sole right in its sole discretion and control, but not the obligation, to file, prosecute and maintain all Licensed Patents (including any application or registration therefor) and commence any claim or action against a third party for infringement, misappropriation or other violation of any Licensed Patent, at its sole cost and expense. Licensee shall notify Licensor in writing promptly if it becomes aware of any actual or potential infringement, misappropriation or other violation of any Licensed Patent or any challenge to the validity, scope or enforceability of any Licensed Patent in any jurisdiction. Licensee shall, at Licensor’s reasonable request and expense, cooperate fully with Licensor in connection with the prosecution, maintenance and enforcement of all Licensed Patents, including by taking all actions and executing all documents reasonably requested by Licensor in connection therewith and, where required by Applicable Law to achieve standing to bring a lawsuit or proceeding or obtain remedies related thereto, joining in such lawsuit or proceeding.
