Common use of Publications Clause in Contracts

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentech.

Appears in 4 contracts

Sources: Option, License, and Collaboration Agreement, Option, License, and Collaboration Agreement (Arvinas Holding Company, LLC), Option, License, and Collaboration Agreement (Arvinas Holding Company, LLC)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that the publication Neither Party or disclosure of papers, presentations, abstracts its Affiliates shall publish or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and publicly disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possibleresearch and/or development activities conducted under the Research Program or under any Early Development Program, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechthe other Party, except that after the end of the Research Term, the foregoing shall not apply to ChemoCentryx for results that do not relate to any Collaboration Compounds, or to GSK for results that relate directly to any of the Product Candidates or Licensed Products. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Licensed Products, and GSK (and its Affiliates and Sublicensees) shall be free to publish or publicly disclose such results, subject to the prior review by ChemoCentryx for patentability and protection of its Confidential Information. GSK shall provide to ChemoCentryx at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Licensed Product, for review and comment as to matters relating to its patents and Confidential Information. ChemoCentryx shall respond in writing promptly and in no event later than thirty (30) days after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to ChemoCentryx) by the relevant publication deadline, with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until ChemoCentryx is given a reasonable period of time (not to exceed sixty (60) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Licensed Product upon the commercial launch of such Licensed Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or ChemoCentryx (as the case may be) has the right to do so.

Appears in 4 contracts

Sources: Product Development and Commercialization Agreement, Product Development and Commercialization Agreement (ChemoCentryx, Inc.), Product Development and Commercialization Agreement (ChemoCentryx, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize INS recognizes that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations papers by ViroPharma regarding results of and other information regarding the Licensed PROTACs or Licensed Products activities under this Agreement, including oral presentations and abstracts, may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential InformationInformation and avoid loss of potentially patentable rights in Improvements. In particular, it is the patentability intent of inventions and other commercial considerationsthe Parties to maintain the confidentiality of any Confidential Information included in any Patent application until such Patent application has been filed. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party INS shall have the right to review and approve any paper proposed for publication by ViroPharma, including any oral presentation or abstract, which includes INS’s Confidential Information. Before any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission is submitted for publication or an oral presentation is made, ViroPharma shall deliver a complete copy of the date paper or materials for oral presentation to INS at least thirty (30) days prior to submitting the paper to a publisher or making the presentation. INS shall review any such paper and give its comments to ViroPharma within twenty (20) days of presentation, whichever is earlier, of any the delivery of such submitted materialspaper to the other Party. The Non-Publishing Party shall review such submitted With respect to oral presentation materials and respond abstracts, INS shall make reasonable efforts to the Publishing Party expedite review of such materials and abstracts, and shall return such items as soon as reasonably possiblepracticable to ViroPharma with appropriate comments, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Partyif any, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer later than [**]twenty (20) days from the date of delivery to permit the Non-Publishing Party INS. Failure to seek appropriate patent protection, respond within such twenty (20) days shall be deemed approval to publish or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasonspresent. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further If approval of the Non-Publishing Party; provided, such content is not presented given or deemed given, ViroPharma may refer the Dispute in accordance with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter thereinSection 13.7 for resolution. Notwithstanding the foregoing, Arvinas ViroPharma shall comply with INS’s reasonable request to delete references to INS’s Confidential Information in any such paper and shall withhold publication of any such paper or any presentation of same for an additional sixty (60) days in order to permit the Parties to obtain patent protection if either Party deems it necessary. Any publication shall include recognition of the contributions of the other Party, and the contributions of ▇▇▇▇▇▇ Chain to the Development of Licensed Products, according to standard practice for assigning scientific credit, either through authorship or acknowledgement, as may be appropriate. For the avoidance of doubt, INS shall not submit for publication publish any paper, including any oral presentation or presentation any paper abstract, which contains Clinical Data or presentation that includes information pertains to the results of Clinical trials or other studies relating to any Licensed PROTACs or the Licensed Products that contain a Genentech Compound without and or the prior written consent of GenentechINS Technology or includes other Information generated under this Agreement or which includes ViroPharma’s Confidential Information.

Appears in 3 contracts

Sources: Exclusive License Agreement (Intellect Neurosciences, Inc.), Exclusive License Agreement (Intellect Neurosciences, Inc.), Exclusive License Agreement (Viropharma Inc)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect Prior to public disclosure or submission for publication of a proposed academic, scientific or other publication or presentation that contains or references the results of any scientific or clinical activity relating to any paper Development Program or presentation Collaboration Product, or any Patents or Know-How related thereto, the Party disclosing or submitting such proposed publication (“Submitting Party”) shall send the other party (“Responding Party”) by expedited delivery a copy of the proposed publication to be submitted and shall allow the Responding Party a reasonable time period (but no less than forty-five (45) days from the date of confirmed receipt) in which to determine whether the proposed publication contains subject matter for disclosure by Genentech which includes information relating patent protection should be sought (prior to publication of such proposed publication) for the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any purpose of protecting an invention and/or whether the proposed publication contains the Confidential Information of Arvinasthe Responding Party. Following the expiration of the forty-five (45) day review period, Genentech the Submitting Party shall be free to makesubmit such proposed publication for publication and publish or otherwise disclose to the public such scientific or clinical results, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, subject to the procedures set forth in any publication Section 14.3(b). (b) If the Responding Party believes that discloses Genentech’s use the subject matter of the Licensed PROTACs proposed publication contains Confidential Information or Licensed Products a patentable invention of the Responding Party, then prior to the expiration of the applicable time period for review, the Responding Party shall notify the Submitting Party in writing of its determination that such proposed publication contains such information or subject matter for which patent protection should be sought. On receipt of such written notice from the results thereofResponding Party, the Submitting Party shall delay public disclosure of such information or submission of the proposed publication for an additional period of ninety (90) days to permit preparation and filing of a patent application on the disclosed subject matter. For clarity, Genentech The Submitting Party shall not thereafter be permitted free to publish or otherwise disclose such information, except that the Submitting Party may not disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information the Responding Party in violation of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review Sections 14.1 and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentech14.2 hereof.

Appears in 3 contracts

Sources: Collaboration Agreement (Biotech Spinco, Inc.), Collaboration Agreement (Facet Biotech Corp), Collaboration Agreement (Protein Design Labs Inc/De)

Publications. Notwithstanding Sections 10.1 to 10.4Except as provided in this Agreement, both Parties recognize that neither Party or its Affiliates shall publish or publicly disclose the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted research and/or development activities conducted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechthe other Party, except that after the expiration of all Options, the foregoing shall not apply to Anacor for results that relate to any Anacor Development Compounds, or to GSK for results that relate directly to any GSK Development Compounds. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Products, and GSK (and its Affiliates and Sublicensees) only shall be free to publish or publicly disclose such results, subject to the prior review by Anacor for patentability and protection of its Confidential Information. GSK shall provide to Anacor at GSK's earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Product, for review and comment as to matters relating to its patents and Confidential Information. Anacor shall respond in writing promptly and in no event later than [***] after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to Anacor) by the relevant publication deadline, with comments on the proposed material, which GSK will consider in good faith but have no obligation to accept, or a specific statement of concern, based upon either the need to seek patent protection. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until Anacor is given a reasonable period of time (not to exceed [***]) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Product upon the First Commercial Sale of such Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or Anacor (as the case may be) has the right to do so.

Appears in 3 contracts

Sources: Research and Development Collaboration, Option and License Agreement (Anacor Pharmaceuticals Inc), Research and Development Collaboration, Option and License Agreement (Anacor Pharmaceuticals Inc), Research and Development Collaboration, Option and License Agreement (Anacor Pharmaceuticals Inc)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas Pfizer shall not submit for publication or presentation presentation, or publish or present, any paper academic, scientific or medical publication or presentation disclosing the Licensed Know-How (to the extent such Licensed Know-How is still Pfizer’s Confidential Information) without Iterum’s prior written consent, such consent not to be unreasonably withheld or delayed. During the Term, Iterum shall submit to Pfizer for review any proposed academic, scientific or medical publication or public presentation that includes contains Pfizer’s Confidential Information. Such review will be conducted for the purposes of preserving the value of the Licensed Technology and determining whether any portion of the proposed publication or presentation containing Pfizer’s Confidential Information should be modified or deleted. Pfizer shall have the right to approve such proposed publications if such Pfizer’s Confidential Information relates to [ * ], such [ * ] = Certain confidential information relating contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. approval not to be unreasonably withheld or delayed. Written copies of such proposed publication or presentation required to be submitted hereunder shall be submitted to Pfizer no later than [ * ] before submission for publication or presentation (the “Review Period”). Pfizer shall provide its comments with respect to such publications and presentations within [ * ] of its receipt of such written copy. The Review Period may be extended for an additional [ * ] in the event Pfizer can, within [ * ] of receipt of the written copy, demonstrate reasonable need for such extension including for the preparation and filing of patent applications. Iterum will comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any Licensed PROTACs publication governed by this Section 14.3, including International Committee of Medical Journal Editors standards regarding authorship and contributions. For clarity, Iterum shall be free to publish and present all Developed IP generated by or Licensed Products that contain a Genentech Compound on behalf of Iterum or its Affiliates or Partners under this Agreement without the Pfizer’s review or approval (unless this Agreement has been terminated in any country or countries by Pfizer pursuant to Section 13.2 or by Iterum pursuant to Section 13.4, in which case Iterum shall obtain Pfizer’s prior written consent before such publication or presentation according to the procedures set forth in this Section 14.3 for publication or presentation of GenentechPfizer Confidential Information).

Appears in 3 contracts

Sources: License Agreement (Iterum Therapeutics LTD), License Agreement (Iterum Therapeutics LTD), License Agreement

Publications. Notwithstanding Sections 10.1 (a) Neither Party shall publish or present the results of the Research or development studies carried out on any Development Compound or Back-Up Compound until after completion of Phase I clinical development with respect thereto. Subject to 10.4the foregoing and the restrictions provided below, both Parties recognize that either Party may publish or present the results of the Research or of development studies carried out by it on such Development Compound, subject to the prior review by the other Party for patentability and protection of such other Party’s Confidential Information. Each Party shall provide to the other Party the opportunity to review any proposed abstracts, manuscripts or summaries of presentations which cover the results of the Research or of pre-Phase III clinical development of such Development Compound. Each party shall designate a person who shall be responsible for approving such publications. Such designated person shall respond in writing promptly and in no event later than sixty (60) days after receipt of the proposed material with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, the submitting Party agrees not to submit such publication or disclosure to make such presentation that contains such information until the other Party is given a reasonable period of papers, presentations, abstracts time (not to exceed ninety (90) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial issues. This Section 9.2(a) shall cease to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With any Development Compound upon the commercial launch of a Licensed Product containing such Development Compound as an active ingredient. Furthermore, with respect to any paper proposed abstracts, manuscripts or presentation proposed for disclosure summaries of presentations by Genentech which includes information relating investigators or other Third Parties, such materials shall be subject to review under this Section 9.2(a) to the Licensed PROTACs extent that APSA or Licensed Products, so long Targacept (as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free the case may be) has the right to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; anddo so. (b) With respect Each Party also agrees to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve delete from any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing other Party to seek appropriate patent protection, or upon its reasonable request. (c) as requested by Genentech as In any publication permitted under this Section 9.2, each Party shall acknowledge its collaboration with the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing other Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechunder this Agreement.

Appears in 3 contracts

Sources: Collaborative Research and License Agreement (Targacept Inc), Collaborative Research and License Agreement (Targacept Inc), Collaborative Research and License Agreement (Targacept Inc)

Publications. Notwithstanding Sections 10.1 Clauses 17.1 to 10.417.5, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs Research Plan Compounds, Products or Licensed New Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) 17.6.1 With respect to any paper or presentation proposed for disclosure by Genentech Lilly which includes utilizes information relating to the Licensed PROTACs generated by or Licensed Productson behalf of Lilly, so long as such paper or presentation does not contain any Confidential Information of ArvinasImmunocore, Genentech Lilly shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech Lilly shall acknowledge ArvinasImmunocore, as appropriate, in any publication that discloses GenentechLilly’s use of the Licensed PROTACs or Licensed Products or the results thereofof any Research Plan or Co-Development Plan. For clarity, Genentech Lilly shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, Immunocore except as may be expressly permitted under this Agreementpursuant to Clause 16.2 or 16.3; and (b) 17.6.2 With respect to any paper or presentation proposed for disclosure by (i) Genentech Lilly, which includes Confidential Information of ArvinasImmunocore, or (ii) Arvinas Immunocore, which includes utilizes information generated by or on behalf of Immunocore relating to the Licensed PROTACs any Selected Target, Research Plan Compounds, Products or Licensed New Products directed to Exclusive Targets or otherwise includes any Confidential Information of Genentech Lilly, (in each case, the relevant Party is the Publishing Disclosing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Disclosing Party”). The Publishing Disclosing Party shall submit to the Non-Publishing Disclosing Party the proposed publication or presentation (including, without limitation, including posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [***] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Disclosing Party shall may review such submitted materials and respond to the Publishing Disclosing Party as soon as reasonably possible, but in any case within [***] for abstracts) of receipt thereof. As requested by At the option of the Non-Publishing Disclosing Party, the Publishing Disclosing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, Disclosing Party and/or (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [***]) to permit the Non-Publishing Disclosing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentech.

Appears in 2 contracts

Sources: Development and License Agreement (Immunocore LTD), Development and License Agreement (Immunocore LTD)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs Compounds or Licensed Immunocore Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech GNE which includes utilizes information relating to the Licensed PROTACs generated by or Licensed Productson behalf of GNE, so long as such paper or presentation does not contain any Confidential Information of ArvinasImmunocore, Genentech GNE shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech GNE License Agreement relating to MAGE-A4 and [***] compounds 32 shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, Immunocore except as may be expressly permitted under this Agreementpursuant to Section 9.2 or 9.3; and (b) With respect to any paper or presentation proposed for disclosure by Immunocore which utilizes information generated by or on behalf of Immunocore, so long as such paper or presentation does not contain any Confidential Information of GNE, Immunocore shall be free to make, publish and disclose such papers and presentations at its discretion. For clarity, Immunocore shall not be permitted to publish or otherwise disclose any Confidential Information of GNE except as may be expressly permitted pursuant to Section 9.2, 9.3 or 10.5(c); (ic) Genentech With respect to any paper or presentation proposed for disclosure by Immunocore which includes Confidential Information of ArvinasGNE, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party GNE shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”)presentation. The Publishing Party Immunocore shall submit to the Non-Publishing Party GNE the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [***] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party GNE shall review such submitted materials and respond to the Publishing Party Immunocore as soon as reasonably possible, but in any case within t[***] for abstracts) of receipt thereof. As requested by At the Non-Publishing Partyoption of GNE, the Publishing Party Immunocore shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, GNE and/or (b) delay the date of such submission for publication or the date of such presentation presentation_ for a period of time sufficiently long (but in no event longer than [***]) to permit the Non-Publishing Party GNE to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing PartyGNE, the Publishing Party Immunocore may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing PartyGNE; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentech.

Appears in 2 contracts

Sources: License Agreement (Immunocore LTD), License Agreement (Immunocore LTD)

Publications. 14.1 Neither MERCK KGAA nor GENAISSANCE shall disclose to the public or any THIRD PARTY the existence of this AGREEMENT or the terms described herein except with the prior written consent of the other or as required by law. Notwithstanding Sections 10.1 the foregoing, (a) either PARTY may disclose such terms as are required to 10.4be disclosed in its publicly-filed financial statements or other public statements pursuant to applicable laws, both Parties recognize that regulations and stock exchange rules (e.g., the publication or disclosure of papers, presentations, abstracts U.S. Securities and Exchange Commission or any other written stock exchange on which securities issued by GENAISSANCE or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products MERCK KGAA may be beneficial to both Partiesissued); provided, provided that in making such publications or presentations are subject to reasonable controls to protect Confidential Informationdisclosures, each PARTY shall redact the patentability terms of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating this AGREEMENT to the Licensed PROTACs or Licensed Productsextent reasonably possible, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect either Party shall have the further right to disclose the material financial terms of this AGREEMENT under confidentiality undertakings to any paper potential acquirer, merger partner or presentation proposed for disclosure by potential providers of financing and their advisors, and (ic) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party either PARTY shall have the right to review and approve any such proposed paper disclose information regarding the development or presentation (the “Non-Publishing Party”). The Publishing Party shall submit commercialization status of a PRODUCT to the Non-Publishing Party the proposed publication extent such disclosure is customary and material to their current or presentation (includingprospective investors, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior or required by applicable laws or stock exchange rules. Neither PARTY shall make any other statement to the date public regarding the execution and/or any other aspect of submission the subject matter of this AGREEMENT, except: (i) where a PARTY reasonably believes disclosure is required under applicable laws or ethical commercial practice, (ii) for publication customary discussions with current or prospective investors and analysts, and (iii) either PARTY may use the date text of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested a statement previously approved by the Non-Publishing other Party, the Publishing Party . Genaissance shall (a) delete from such proposed make commercially reasonable efforts to coordinate with MERCK KGAA all press releases and announcements that relate to this AGREEMENT or any product developed hereunder. 14.2 Neither PARTY shall make any form of scientific publication or presentation any which discloses Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data other PARTY or information or conclusions and/or in a form or manner that materially alters to which the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound other PARTY has an exclusive license without the prior written consent of Genentechthe other PARTY, but GENAISSANCE acknowledges the interest of MERCK KGAA and the former licensee GSK to publish preclinical scientific data relating to VILAZODONE obtained before the EFFECTIVE DATE which shall be made available to GENAISSANCE reasonably in advance before such publication in which case the written consent of GENAISSANCE shall not be unreasonably withheld or delayed. Following any reversion of rights to MERCK KGAA under Sections 3.6, 3.7 or 4.2 or any termination under Sections 17.1 – 17.3, GENAISSANCE (in the case of any such reversion of rights), the non-terminating party (in the case of a termination under Section 17.1(b)) or both parties (in the case of a termination under Sections 17.1(a), 17.2 or 17.3), shall not make any such publications about a PRODUCT, except to the extent required by law or a manuscript was submitted for publication prior to the date of notice of termination.

Appears in 2 contracts

Sources: License, Development and Cooperation Agreement (Forest Laboratories Inc), License, Development and Cooperation Agreement (Genaissance Pharmaceuticals Inc)

Publications. Notwithstanding Sections 10.1 Neither Party shall publish or present the results of studies carried out under this Agreement without the opportunity for prior review by the other Party in accordance with the provisions set forth in this Section 11.2. Subject to 10.4Section 12.2, each Party agrees to provide the other Party the opportunity to review any proposed abstracts, manuscripts or presentations (including verbal presentations) which relate to any Licensed Product at least sixty (60) days prior to their intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication, or to make such presentation, until the other Party is given a reasonable period of time to secure patent protection for any material in such publication or presentation that is owned by the requesting Party (either individually or jointly with the non-requesting Party) and which the requesting Party believes to be patentable. In the event that the nature of the content of any proposed publication or presentation is such that a Party is entitled to request that submission of such publication or delivery of such presentation be delayed pursuant to the foregoing provisions of this Section 11.2, then both Parties recognize understand that the a reasonable commercial strategy may require delay of publication or disclosure presentation of papers, presentations, abstracts * CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED WITH THE COMMISSION information or any other written or oral presentations regarding results filing of patent applications. The Parties agree to review and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability consider delay of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper publication or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information and filing of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretionpatent applications under certain circumstances. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Neither Party shall have the right to review publish or present Confidential Information of the other Party, and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing each Party shall submit to remove the Non-Publishing Confidential Information of the other Party the from any proposed publication or presentation (includingupon request by such other Party. Nothing contained in this Section 11.2 shall prohibit the inclusion of information necessary to file a patent application with a government authority, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission except for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Nonnon-Publishing filing Party, (b) delay provided the date non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter thereinapplication. Notwithstanding the foregoing, Arvinas the Parties recognize that independent investigators have been engaged, and will be engaged in the future, to conduct clinical trials of Licensed Products. Independent investigators that have been engaged by a Party or both Parties prior to or on the Effective Date may release information regarding such studies in a manner consistent with academic standards within the scope of such investigator’s agreement with the relevant Party. Independent investigators that are engaged by a Party or both Parties after the Effective Date are understood to operate in an academic environment and shall not submit for publication or presentation any paper or presentation that includes be allowed to release information relating regarding such studies in a manner consistent with academic standards and within the scope of such investigator’s agreement with the relevant Party. With respect to any agreement entered by either Party with any independent investigator after the Effective Date to conduct clinical trials of Licensed PROTACs Products, such Party shall use Commercially Reasonable Efforts to include in such agreements provisions that would give such Party the right to limit the publication rights of such independent investigator with respect to any results of such clinical trials to the same extent as such Party would have under this Section 11.2 if such independent investigator were the other Party to this Agreement; provided, however, that in no event shall such Party be required or Licensed Products that contain a Genentech Compound without obligated to make any payment to such independent investigator or incur any financial cost or penalty for the prior written consent benefit of Genentechsuch independent investigator in order to limit the publication rights of such independent investigator in the manner contemplated under this Section 11.2.

Appears in 2 contracts

Sources: License Agreement (Cubist Pharmaceuticals Inc), License Agreement (Cubist Pharmaceuticals Inc)

Publications. Notwithstanding Sections 10.1 (a) Ovid shall have the right to 10.4, both Parties recognize that the review and comment on any material proposed for disclosure or publication or disclosure of papers, presentations, abstracts or any other written or oral presentations by Licensee regarding results of and other information regarding Licensee’s Development activities during the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply Term with respect to papers the Compound and presentations Product, whether by oral presentation, manuscript, or abstract. Before any such material is submitted for publication, or presentation of any such material is made, Licensee shall deliver a complete copy of the material proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) Ovid at least [***] prior to submitting the date of submission for publication material to a publisher or the date of presentationinitiating any other disclosure, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond or as close to the Publishing Party as soon these time frames as reasonably possible, but in . Ovid shall review any case such material and give its comments to Licensee within [***] of the receipt of such material. With respect to oral presentation materials and abstracts, Ovid shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to Licensee with comments, if any. Subject to Section 13.4(b), following the expiration of the applicable time period for abstracts) of receipt thereof. As requested by the Non-Publishing Partyreview, the Publishing Party Licensee shall (a) delete from be free to submit such proposed manuscript for publication or presentation any Confidential Information materials for public disclosure, and does not need to follow this process for subsequent publications or presentations of the Non-Publishing Party, same data. (b) delay If Ovid notifies Licensee within the date of applicable time period set forth in Section 13.4(a) that such submission for publication or the date of presentation, in Ovid’s reasonable judgment: (i) contains an invention for which Ovid desires to obtain patent protection, Licensee shall delay such publication or presentation for a period of time sufficiently long (but in no event longer than up to [**]*] (or such other time period agreed by the Parties in writing) to permit the Non-Publishing Party to seek appropriate preparation and filing of a patent protectionapplication for such invention, or (ii) contains any Confidential Information of Ovid, or (c) as requested by Genentech as could be expected to have an adverse effect on the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure commercial value of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentech.Confidential Information disclosed by

Appears in 2 contracts

Sources: Collaboration and License Agreement (Ovid Therapeutics Inc.), Collaboration and License Agreement (Ovid Therapeutics Inc.)

Publications. Notwithstanding Sections 10.1 15.1 So as not to 10.4jeopardise any Programme Patent filing or exploitation activity being undertaken, both Parties recognize PTC shall (and shall procure that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use member of the Licensed PROTACs PTC Group or Licensed Products or Licencee shall) provide the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose Trust with copies of any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (includingwhich relates to a Programme Invention or Programme Intellectual Property in advance of the submission of such proposed publication or presentation to a journal, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) editor or publication. The Trust shall have at least [**] prior to Business Days from and including the date of submission for publication or the date of presentation, whichever is earlier, receipt from PTC of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation to object to the same because there is patentable subject matter relating to the Programme Invention that needs protection or because such publication would materially jeopardise any Confidential Information Exploitation activity. The Trust will not seek to withhold consent where such publication or presentation will not prejudice the protection or Exploitation of the Non-Publishing Party, (b) delay Programme Intellectual Property and/or the date of Products. 15.2 In the event that the Trust objects to any such submission for publication or presentation on the date basis that it would disclose patentable information, PTC shall refrain (and shall procure that members of the PTC Group, any licensees, the Principal Investigator and the Staff also refrain), from making such publication or presentation for a period of time sufficiently long [**] days from date of receipt of such objection in order for PTC to file the relevant patent application(s) with respect to the patentable subject matter contained in the proposed publication or presentation. Following the expiry of such [**] day period or, if earlier, publication of any patent filed by PTC, PTC shall have the right to publish and reproduce any such publication freely with due acknowledgement of the source. 15.3 A copy of the final manuscript of all research publications that relate to the Programme must be made available from PubMed Central (but or UK PubMed Central) as soon as possible and in any event no event longer later than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentech] months after publication.

Appears in 2 contracts

Sources: Agreement for the Provision of Funding (PTC Therapeutics, Inc.), Agreement for the Provision of Funding (PTC Therapeutics, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.4Neither Party nor its Affiliates shall publish or publicly disclose the results of any of the Research and/or Development activities conducted by either Party under this Agreement without the prior written consent of the JSC, both except as expressly permitted in this Section 9.5 or otherwise in this Agreement. The Parties recognize that it may be useful or required to publish or publicly disclose the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of Research and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both PartiesDevelopment work on Programs, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers each Party (and presentations proposed for disclosure by either Party: (aits Affiliates and Sublicensees) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and or publicly disclose such papers results, subject to the prior review by the JSC for patentability and presentations at protection of its discretionConfidential Information as described in this Section 9.5. Genentech For PROSENSA, the publication right conveyed by the preceding sentence shall acknowledge Arvinasapply solely to Compounds prior to the exercise of an Option by GSK to the relevant PROSENSA Collaboration Program, as appropriateif approved by JSC, such approval not to be unreasonably withheld or delayed. The Party that desires to publish results hereunder shall provide to the JSC and JPS a copy of such proposed abstract, manuscript, or presentation no less than * * * * * prior to its intended submission for publication. The JSC shall respond in any publication that discloses Genentech’s use writing promptly and in no event later than * * * * * after receipt of the Licensed PROTACs proposed material, with one or Licensed Products more of the following: (i) comments on the proposed material, which the publishing Party must consider in good faith, (ii) a specific statement of concern, based upon the need to seek patent protection, or to block publication if the results thereofJSC determines that the proposed disclosure is intellectual property that should be maintained as a trade secret to protect a Compound or any Research and/or Development activities conducted under this Agreement, or (iii) an identification of the other Party’s Confidential Information that is contained in the material reviewed. In the event of concern over patent protection or whether maintaining a trade secret would be a priority, the publishing Party agrees not to submit such publication or to make such presentation that contains such information until the JSC through the JPS is given a reasonable period of time (such time to be no less than * * * * *)to seek patent protection for any material in such publication or presentation which it believes is patentable, or to resolve any other issues or to abandon such proposed publication if the JSC reasonably determines in good faith that maintaining such information as a trade secret is a commercially-reasonable priority. Any Confidential Information of such other Party shall be removed. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.5 to the extent that GSK or PROSENSA (as the case may be) has the right to do so. For clarity, Genentech (a) prior to the exercise of the relevant Option to a given PROSENSA Collaboration Program by GSK, any proposed publication by PROSENSA relating to a PROSENSA Collaboration Program or any Compounds shall not be permitted subject to review by the JSC in accordance with the terms of this Section 9.5, but after the expiration of the relevant Option without exercise by GSK or after the termination of a Program which then reverts to PROSENSA, PROSENSA shall then be free to publish or otherwise publicly disclose any Confidential Information of Arvinas, except as may be expressly permitted results that relate to any Compounds or PROSENSA Products in such PROSENSA Collaboration Program or PROSENSA Development Program without any review by the JSC under this Agreement; and (b) With respect to Section 9.5, unless such proposed disclosure or publication contains any paper or presentation proposed for disclosure by (i) Genentech GSK IP, in which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party case JSC shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (includingdisclosure as stated under this Section 9.5 above, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay after the date exercise by GSK of such submission for publication its Option to a Program, except as required by law or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protectionsecurities regulations, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas PROSENSA shall not submit for have the right to make any publication or presentation any paper or presentation that includes information relating to such PROSENSA Collaboration Program or any Licensed PROTACs Compounds or Licensed GSK Development Compounds or GSK Products that contain a Genentech Compound without the prior written consent of Genentechthe JSC, and GSK shall have the right to make any such publication relating to such PROSENSA Collaboration Program or any Compounds or GSK Development Compounds or GSK Products subject to review by the JSC under this Section 9.5. Notwithstanding the above, if PROSENSA seeks to publish a publication regarding the Exon 51 Program, it shall provide GSK with an advance copy of such publication and obtain GSK’s prior consent before publication.

Appears in 2 contracts

Sources: Research and Development Collaboration and License Agreement (Prosensa Holding B.V.), Research and Development Collaboration and License Agreement (Prosensa Holding B.V.)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech Novacea shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted have no right to publish or otherwise publicly disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, Project Data or (ii) Arvinas which includes information relating other data (not previously published or otherwise publicly disclosed) generated prior to the Effective Date that relates to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each caseProduct, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of GenentechSchering, which may be withheld for any reason, except that, with respect to Project Data or other data that has been previously published or otherwise publicly disclosed, consent will not be unreasonably withheld. Schering shall decide upon any proposed publication of the Project Data (and, for the avoidance of doubt, Schering may disclose clinical trial data and other information related to the Licensed Product as it determines, and shall provide notice and a description of the content of such disclosure to Novacea at least [*] hours in advance of any such disclosure). (b) To the extent that any proposed publication or public presentation (including without limitation any abstracts or manuscripts for publication, slides and texts of oral or other public presentations, and texts of any transmission through any electronic media (e.g., any computer access system such as the Internet, World Wide Web etc.) collectively or individually a “Public Presentation”) to be made by Novacea or its Affiliates may contain Confidential Information of Schering, Novacea shall provide to Schering an advance copy of any such proposed publication or presentation prior to its submission or dissemination to any Third Party. Schering shall have a period of [*] days to review and recommend any changes it reasonably believes are necessary to protect its Confidential Information. Novacea shall remove any Confidential Information of Schering therefrom; other changes recommended by Schering shall not be unreasonably refused. In addition, if such publication could, in Schering’s reasonable judgment, be expected to have a material adverse effect on the commercial value of Schering’s Confidential Information or on the Licensed Product, then Schering shall have the right to delay or prevent such publication as proposed by providing written notice to that effect during such [*] day period. In the case where such publication may disclose any Program IP, any such delay shall be sufficiently long so as to permit the timely preparation and filing of a patent application(s) (or application(s) for other appropriate forms of protection) on the Confidential Information involved. [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

Appears in 2 contracts

Sources: License, Development, and Commercialization Agreement, License Agreement (Novacea Inc)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that 18.1 Any publication of Programme Intellectual Property generated by the ICR will be led by the ICR. Each proposed presentation or publication containing details of work or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of the Programme shall be sent to a reviewer appointed by each the Company, CRT and other information regarding the Licensed PROTACs or Licensed Products may be beneficial ICR at the first meeting of the JSC (the “Reviewers”) for review prior to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect submission to any paper Third Party for presentation or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretionpublication. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Each Party shall have the right to review and approve any such proposed paper or presentation (replace its Reviewer upon written notice to the “Non-Publishing Party”)other Parties. The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party Reviewers shall review each such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case presentation or publication within [***] for abstracts) of receipt thereofits receipt. As requested by Whether or not such presentation or publication is to be permitted, with or without amendments, shall be subject to the Non-Publishing Partyunanimous, written consent of the Publishing Party shall (a) delete from Reviewers, taking into account the patentability of the proposed subject matter of disclosure and the value of such proposed publication information as secret and confidential information. Notwithstanding the foregoing or presentation anything to the contrary herein, at the request of the Company, any Confidential Information of Company which is not Programme Intellectual Property generated by or on behalf of the Non-Publishing Party, (b) delay ICR contained within such proposed presentation or publication shall be removed prior to its submission for presentation or publication by the date Party submitting such presentation or publication for review. The Reviewers may decide to postpone presentation or publication by up to [***] to allow for the filing of a patent application or the taking of such submission for other measures as the Reviewers deem appropriate to establish and preserve any proprietary rights in the information in the proposed presentation or publication. If the Reviewers disagree whether such publication or should be permitted the date dispute shall be referred to the JSC and in the event of such presentation for a period of time sufficiently long (but in continuing dispute, publication shall be permitted no event longer later than [**]) *] following receipt of the proposal by the Reviewers for review, provided that no scientific paper shall be restricted for publication on the basis that it contains information which is also contained in a patent application, the specification of which has been published. 18.2 The Company and CRT acknowledge the importance of publications to permit the Nonacademic standing of the ICR. Accordingly, each of the Company, CRT and the ICR shall use Commercially Reasonable Efforts to facilitate publication of the results of the Programme. Publications shall make an appropriate acknowledgment of the respective contributions of the Parties, which may be by co-Publishing Party to seek authorship of the publication as may be scientifically appropriate patent protectionor customary or as otherwise agreed, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once on a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechbasis.

Appears in 2 contracts

Sources: Collaboration and Option Agreement (Monte Rosa Therapeutics, Inc.), Collaboration and Option Agreement (Monte Rosa Therapeutics, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.410.5, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Collaboration Molecules, Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech Licensee which includes utilizes information relating to the Licensed PROTACs generated by or Licensed Productson behalf of Licensee, so long as such paper or presentation does not contain any Confidential Information of ArvinasKineta, Genentech Licensee shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech Licensee shall acknowledge ArvinasKineta, as appropriate, in any publication that discloses GenentechLicensee’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech Licensee shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, Kineta except as may be expressly permitted under this Agreementpursuant to Section 9.2, 9.3 or 10.6(b); and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech Licensee which includes Confidential Information of ArvinasKineta, or (ii) Arvinas Kineta which includes utilizes information generated by or on behalf of Kineta relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Products, including without limitation any publications containing Confidential Information of Genentech Licensee, (in each case, the “Publishing Disclosing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Disclosing Party”). The Publishing Disclosing Party shall submit to the Non-Publishing Disclosing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] thirty (30) calendar days prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Disclosing Party shall review such submitted materials and respond to the Publishing Disclosing Party as soon as reasonably possible, but in any case within [**] twenty (20) calendar days (ten (10) calendar days for abstracts) of receipt thereof. As requested by At the option of the Non-Publishing Disclosing Party, the Publishing Disclosing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, Disclosing Party and/or (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]sixty (60) calendar days) to permit the Non-Publishing Disclosing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Disclosing Party, the Publishing Disclosing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Disclosing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Kineta-Genentech Compound without the prior written consent of Genentech.Exclusive Option and License Agreement

Appears in 2 contracts

Sources: Exclusive Option and License Agreement (Yumanity Therapeutics, Inc.), Exclusive Option and License Agreement (Yumanity Therapeutics, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.4, both The Parties recognize that the publication or disclosure desirability of papers, presentations, abstracts or any other written or oral presentations regarding publishing and publicly disclosing the results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability clinical trials of inventions and other commercial considerationspharmaceutical products. Accordingly, the following shall apply with respect subject to papers and presentations proposed for disclosure by either coordination through designated representatives of each Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech Processa shall be free to makepublicly disclose the results of clinical trials involving Compounds or Products, subject to prior review by Elion for issues of patentability and protection of its Confidential Information, in a manner consistent with all Laws applicable to Processa and best industry practices. In addition, if Processa intends to publish and disclose such papers and articles in scientific or medical journals or to make presentations of the results of clinical trials involving Compounds or Products, Processa shall provide Elion through the designated representatives of each Party at its discretionearliest opportunity with any proposed abstracts, manuscripts or summaries of presentations that cover the results of Development of any Compound or Product. Genentech Elion shall acknowledge Arvinasrespond promptly through its designated representative, as appropriate, and in any publication that discloses Genentech’s use event no later than thirty (30) days after receipt of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of presentation, or such shorter period as may be required by the Non-Publishing Partypublication. If timely requested by Elion, Processa agrees to allow a reasonable period (bnot to exceed sixty (60) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]days) to permit filings for patent protection and to otherwise address issues of Confidential Information or related competitive harm to the Non-Publishing Party reasonable satisfaction of Elion. In addition, Processa will consider in good faith any comments furnished by Elion to seek appropriate patent protectionProcessa during such period. Processa shall be responsible to assure that its Affiliates and licensees agree to, or (c) as requested by Genentech as the Non-Publishing Partyand comply with, modify such proposed equivalent undertakings in favor of Elion. Elion and its Affiliates may make any publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of any data concerning the contents Compounds or Products that existed as of the Effective Date, provided that Elion provides Processa at least thirty (30) days (or such shorter period as may be required by the publication) to review such publication or public disclosure, allows a reasonable period (not to exceed sixty (60) days) to permit filings for patent protection and to otherwise address issues of Confidential Information or related competitive harm to the reasonable satisfaction of Processa, and reasonably considers any timely comments provided by Processa with respect to such publication or public disclosure. Elion shall not, and shall cause each of its Affiliates, licensees, and sublicensees not to, make any other publications or public disclosures regarding the Compounds or Products without the further approval of the Non-Publishing Party; providedProcessa’s prior written consent. If Processa consents to Elion making such publications, Elion shall provide Processa a reasonable opportunity to comment on any such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas publications and such comments shall not submit for publication be unreasonably rejected. All publications involving Compounds or presentation Products shall include appropriate acknowledgement consistent with standard scientific practice of any paper or presentation that includes information relating contributions of each Party to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechresults being publicly disclosed.

Appears in 2 contracts

Sources: License Agreement (Processa Pharmaceuticals, Inc.), License Agreement (Processa Pharmaceuticals, Inc.)

Publications. Notwithstanding Sections 10.1 BMS shall have the right to 10.4publish manuscripts, both Parties recognize that the publication abstracts, presentations or disclosure of papersother articles in scientific journals or at scientific conferences relating to any Licensed Target, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs Compound or Licensed Products may be beneficial to both PartiesProduct without obtaining the prior written consent of Avidity; provided, provided however, that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper if a Avidity employee is also named as an author or presentation proposed for disclosure by Genentech which includes (b) if such manuscripts, abstracts, presentations or other articles contain information relating to the Licensed PROTACs or Licensed ProductsAvidity AOC Platform Technology, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party then Avidity shall have the right to review and approve any comment upon each such proposed paper manuscript, abstract, presentation or presentation (the “Non-Publishing Party”)other article in which and BMS shall consider such comments in good faith. The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slidesAvidity may not publish manuscripts, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) presentations or other articles in scientific journals or at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating scientific conferences related to any Licensed PROTACs Target, Licensed Compound or Licensed Products that contain a Genentech Compound Product, without the prior written consent of GenentechBMS. If BMS desires to make a publication pursuant to this Section 8.9 for which Avidity has the right to comment, BMS shall provide a copy of the proposed publication (including abstracts, or presentation to a journal, editor, meeting, seminar or other third party) to Avidity for at least [***] prior to submission of such proposed manuscript for publication; the object being to prevent either the endangerment of applications for the protection of property rights by premature publications detrimental to their novelty or the disclosure of Confidential Information. If, during the [***] specified above Avidity notifies BMS that a proposed publication contains patentable subject matter directed to Avidity Platform Inventions that requires protection, Avidity may by written notice delay the publication for a period of time not to exceed [***] from the date of such written notice to seek appropriate patent protection for any subject matter in such publication that it reasonably believes may be patentable. BMS shall delete from the proposed publication prior to submission all Confidential Information of Avidity that Avidity identifies in good faith and requests to be deleted.

Appears in 2 contracts

Sources: Research Collaboration and License Agreement (Atrium Therapeutics, Inc.), Research Collaboration and License Agreement (Avidity Biosciences, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.4, both The Parties recognize that the publication or disclosure desirability of papers, presentations, abstracts or any other written or oral presentations regarding publishing the results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerationsDevelopment activities under this Agreement. Accordingly, the following Licensee shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish publicly disclose in scientific or otherwise disclose any Confidential Information medical journals, reference publications or scientific or medical presentations the results of Arvinas, except as may be expressly permitted Development activities under this Agreement; and (b) With respect Agreement in accordance with this Section 6.5. Prior to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve making any such proposed paper publication or presentation (the “Non-Publishing Party”). The Publishing Party disclosure, Licensee shall submit to the Non-Publishing Party the provide MedImmune with drafts of such proposed publication or presentation (includingdisclosure, without limitation, posters, slides, including as applicable proposed abstracts, manuscripts, marketing materials manuscripts or summaries of presentations. MedImmune shall respond promptly through its designated representative and written descriptions of oral presentations) at least in any event no later than [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) after receipt of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any or such shorter period as may be required by the publication or presentation. Licensee agrees to allow a reasonable additional period to permit filings for patent protection and to otherwise address issues of Confidential Information or related competitive harm to the reasonable satisfaction of MedImmune in a manner consistent with Applicable Law and industry practices. In addition, Licensee shall give due regard to comments furnished by MedImmune and such comments shall not be unreasonably rejected; provided, however, that if any such abstract, manuscript or summary of presentations contains any AstraZeneca Product Reference that (a) is not supported by the approved labeling for the AstraZeneca Product or presents an unbalanced view of the Non-Publishing Party, AstraZeneca Product considering the approved labeling for the AstraZeneca Product as a whole or (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure contains projections of the contents of such publication without the further approval market potential of the Non-Publishing Party; providedAstraZeneca Product, Licensee shall correct or remove such content is not presented with any new data AstraZeneca Product Reference or information or conclusions and/or in a form or manner that materially alters the subject matter thereinsuch projections, as applicable. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating subject to any Licensed PROTACs copyrights or Licensed Products that contain a Genentech Compound without intellectual property rights of Third Parties, Licensee’s publications may include reprints of scientific or medical journal articles or reference publications regarding the prior written consent AstraZeneca Product that, in each case, follow FDA’s “Good Reprint Practices for the Distribution of GenentechMedical Journal Articles and Medical or Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices” guidance. The terms of this Section 6.5 shall be applicable to any Sublicensee of Licensee or any of its Affiliates.

Appears in 2 contracts

Sources: License Agreement (PhaseBio Pharmaceuticals Inc), License Agreement (PhaseBio Pharmaceuticals Inc)

Publications. Notwithstanding Sections 10.1 to 10.4, both The Parties recognize that the publication or disclosure desirability of papers, presentations, abstracts or any other written or oral presentations regarding publishing and publicly disclosing the results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability Clinical Trials of inventions and other commercial considerationspharmaceutical products. Accordingly, the following shall apply with respect subject to papers and presentations proposed for disclosure by either coordination through designated representatives of each Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech Processa shall be free to makepublicly disclose the results of Clinical Trials involving Compounds or Products, subject to prior review by Ocuphire for issues of patentability and protection of its Confidential Information, in a manner consistent with all Laws applicable to Processa and best industry practices. In addition, if Processa intends to publish and disclose such papers and articles in scientific or medical journals or to make presentations of the results of Clinical Trials involving Compounds or Products, Processa shall provide Ocuphire through the designated representatives of each Party at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and earliest opportunity (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for event no less than forty-five (45) days prior to intended submission or presentation) with any proposed abstracts, manuscripts or summaries of presentations that cover the results of Development of any Compound or Product. Ocuphire shall respond promptly through its designated representative, and in any event no later than thirty (30) days after receipt of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of presentation, or such shorter period as may be required by the Non-Publishing Partypublication. If timely requested by Ocuphire, Processa agrees to allow a reasonable period (bnot to exceed sixty (60) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]days) to permit filings for patent protection and to otherwise address issues of Confidential Information or related competitive harm to the Non-Publishing Party reasonable satisfaction of Ocuphire. In addition, Processa will consider in good faith any comments furnished by Ocuphire to seek appropriate patent protectionProcessa during such period. Processa shall be responsible to assure that its Affiliates and licensees agree to, or (c) as requested by Genentech as the Non-Publishing Partyand comply with, modify such proposed equivalent undertakings in favor of Ocuphire. Ocuphire and its Affiliates may make any publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of any data concerning the contents Compounds or Products that existed as of the Effective Date, provided that Ocuphire provides Processa at least thirty (30) days (or such shorter period as may be required by the publication) to review such publication or public disclosure, allows a reasonable period (not to exceed sixty (60) days) to permit filings for patent protection and to otherwise address issues of Confidential Information or related competitive harm to the reasonable satisfaction of Processa, and reasonably considers any timely comments provided by Processa with respect to such publication or public disclosure. Ocuphire shall not, and shall cause each of its Affiliates, licensees, and sublicensees not to, make any other publications or public disclosures regarding the Compounds or Products without the further approval of the Non-Publishing Party; providedProcessa’s prior written consent. If Processa consents to Ocuphire making such publications, Ocuphire shall provide Processa a reasonable opportunity to comment on any such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas publications and such comments shall not submit for publication be unreasonably rejected. All publications involving Compounds or presentation Products shall include appropriate acknowledgement consistent with standard scientific practice of any paper or presentation that includes information relating contributions of each Party to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechresults being publicly disclosed.

Appears in 2 contracts

Sources: License Agreement (Ocuphire Pharma, Inc.), License Agreement (Processa Pharmaceuticals, Inc.)

Publications. Notwithstanding Sections 10.1 The Parties acknowledge that scientific publications and presentations must be strictly monitored to 10.4, both Parties recognize that the prevent any adverse effect from premature publication or disclosure dissemination of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerationsactivities hereunder. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech Each Party (in each case, such capacity the “Publishing Party”) agrees that, except as required by Applicable Laws, it shall not publish or present, or permit to be published or presented, any results of the Development, Manufacture, use or Commercialization of a Licensed Product to the extent such results refer to, derive from or otherwise relate to the Licensed Intellectual Property (the “Covered Results”), without the prior review by and approval of the other Party shall have the right to review and approve any (in such proposed paper or presentation (capacity, the “Non-Publishing Disclosing Party”), which approval shall not be unreasonably withheld; provided that it shall not be deemed unreasonable for ImmunoGen to withhold its consent to any request by CytomX to publish or disseminate Covered Results prior to the publication or dissemination of such Covered Results by ImmunoGen. The Publishing Party shall submit to the Non-Publishing Disclosing Party for review and approval any proposed academic, scientific and medical publication or public presentation which contains Covered Results or otherwise contains the Non-Disclosing Party’s Confidential Information; provided that the foregoing requirement shall apply to ImmunoGen only to the extent any such proposed publication or presentation would refer to, describe or otherwise disclose Confidential Information of CytomX (including, without limitation, postersany non-public Licensed Intellectual Property). In addition, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior each Party shall submit to the date of submission other Party for review and approval any proposed publication or public presentation relating to data generated under the date Research Program. In both instances, such review and approval will be conducted for the purposes of presentation, whichever is earlier, preserving the value of the Licensed Intellectual Property and determining whether any portion of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by proposed publication or presentation containing the Non-Publishing Disclosing Party, the Publishing Party shall (a) delete from ’s Confidential Information should be modified or deleted. Written copies of such proposed publication or presentation required to be submitted hereunder shall be submitted to the Non-Disclosing Party no later than [***] before submission for publication or presentation (the “Review Period”). The Non-Disclosing Party shall provide its comments with respect to such publications and presentations within [***] after its receipt of such written copy, and the Publishing Party shall delete any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission Disclosing Party upon request. The Review Period may be extended for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than an additional [**]) to permit *] in the event the Non-Publishing Disclosing Party to seek appropriate patent protectioncan, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure within [***] of receipt of the contents written copy, demonstrate reasonable need for such extension, including for the preparation and filing of such patent applications. The Parties will each comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechgoverned by this Section 6.3.2.

Appears in 2 contracts

Sources: Research Collaboration Agreement (CytomX Therapeutics, Inc.), Research Collaboration Agreement (CytomX Therapeutics, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.4, both The Parties recognize that the publication or disclosure desirability of papers, presentations, abstracts or any other written or oral presentations regarding publishing the results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerationsDevelopment activities under this Agreement. Accordingly, the following Licensee shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish publicly disclose in scientific or otherwise disclose any Confidential Information medical journals, reference publications or scientific or medical presentations the results of Arvinas, except as may be expressly permitted Development activities performed by Licensee or Licensor under this Agreement; and (b) With respect Agreement in accordance with this Section 7.5. Prior to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve making any such proposed paper publication or presentation (the “Non-Publishing Party”). The Publishing Party disclosure, Licensee shall submit to the Non-Publishing Party the provide Licensor with drafts of such proposed publication or presentation (includingdisclosure, without limitation, posters, slides, including as applicable proposed abstracts, manuscripts, marketing materials manuscripts or summaries of presentations. Licensor shall respond promptly through its designated representative and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstractsevent no later than thirty (30) days after receipt of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any or such shorter period as may be required by the publication or presentation. Licensee agrees to allow a reasonable additional period to permit filings for patent protection and to otherwise address issues of Confidential Information or related competitive harm to the reasonable satisfaction of Licensor in a manner consistent with Applicable Law and industry practices. In addition, Licensee shall give due regard to comments furnished by Licensor and such comments shall not be unreasonably rejected; provided, however, that if any such abstract, manuscript or summary of presentations contains any AstraZeneca Product Reference that (a) is not supported by the approved labeling for the AstraZeneca Product or presents an unbalanced view of the Non-Publishing Party, AstraZeneca Product considering the approved labeling for the AstraZeneca Product as a whole or (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure contains projections of the contents of such publication without the further approval market potential of the Non-Publishing Party; providedAstraZeneca Product, Licensee shall correct or remove such content is not presented with any new data AstraZeneca Product Reference or information or conclusions and/or in a form or manner that materially alters the subject matter thereinsuch projections, as applicable. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating subject to any Licensed PROTACs copyrights or Licensed Products that contain a Genentech Compound without intellectual property rights of Third Parties, Licensee’s publications may include reprints of scientific or medical journal articles or reference publications regarding the prior written consent AstraZeneca Product that, in each case, follow FDA’s “Good Reprint Practices for the Distribution of GenentechMedical Journal Articles and Medical or Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices” guidance or an equivalent regulatory guidance in the Territory. The terms of this Section 7.5 shall be applicable to any Sublicensee of Licensee or any of its Affiliates.

Appears in 1 contract

Sources: License Agreement (PhaseBio Pharmaceuticals Inc)

Publications. Notwithstanding Sections 10.1 Provention and its Affiliates shall have the right to 10.4, both Parties recognize that publish the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Partiestheir development activities, provided that such publications or presentations are subject to reasonable controls to protect Confidential Informationincluding clinical trials, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretionProducts in the Field. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party Vactech shall have the right to review and approve comment on any material proposed for disclosure or publication by Provention or its Affiliate, such as by oral presentation, manuscript or abstract that includes Confidential Information of Vactech. Before any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed material is submitted for publication or disclosure (other than oral presentation (including, without limitation, posters, slides, materials and abstracts, manuscriptswhich are addressed below), marketing Provention shall deliver a complete copy to Vactech at least 30 days prior to submitting the material to a publisher or initiating such other disclosure, and Vactech shall review any such material and give its comments to Provention within 10 days of the delivery of such material to Vactech which comments shall be considered by Provention in good faith. With respect to oral presentation materials and written descriptions of oral presentations) abstracts, Provention shall deliver a complete copy to Vactech at least [**] 10 business days prior to the anticipated date of the presentation, and Vactech shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to Provention with appropriate comments, if any, but in no event later than 5 business days from the date of delivery to Vactech which comments shall be considered by Provention in good faith. Provention shall comply, or cause its Affiliate to comply (as applicable), with Vactech’s requests to delete references to Vactech’s Confidential Information in any such material and, if applicable, agrees to delay any submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation other public disclosure for a period of time sufficiently long (but in no event longer than [**]) up to permit an additional 60 days for the Non-Publishing Party to seek purpose of preparing and filing appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasonsapplications. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas Vactech shall not submit for publication publish or presentation otherwise disseminate, including, but not limited to, in articles, posters, oral presentations or other formats, any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Candidates and/or Products that contain a Genentech Compound without the prior written consent of Genentech.Provention. CONFIDENTIAL

Appears in 1 contract

Sources: License Agreement (Provention Bio, Inc.)

Publications. Notwithstanding Sections 10.1 The Parties acknowledge that scientific publications and presentations must be strictly monitored to 10.4, both Parties recognize that the prevent any adverse effect from premature publication or disclosure dissemination of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerationsactivities hereunder. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech Each Party (in each case, such capacity the “Publishing Party”) agrees that, except as required by Applicable Laws, it shall not publish or present, or permit to be published or presented, any results of the Development, Manufacture, use or Commercialization of a Licensed Product to the extent such results refer to, derive from or otherwise relate to the Licensed Intellectual Property (the “Covered Results”), without the prior review by and approval of the other Party shall have the right to review and approve any (in such proposed paper or presentation (capacity, the “Non-Publishing Disclosing Party”). , which approval shall not be unreasonably withheld; provided that it shall not be deemed unreasonable for CytomX to withhold its consent to any request by ImmunoGen to publish or disseminate Covered Results prior to the publication or dissemination of such Covered Results by CytomX. The Publishing Party shall submit to the Non-Publishing Disclosing Party for review and approval any proposed academic, scientific and medical publication or public presentation which contains Covered Results or otherwise contains the Non-Disclosing Party’s Confidential Information; provided that the foregoing requirement shall apply to CytomX only to the extent any such proposed publication or presentation would refer to, describe or otherwise disclose Confidential Information of ImmunoGen (including, without limitation, postersany non-public Licensed Intellectual Property). In addition, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior each Party shall submit to the date of submission other Party for review and approval any proposed publication or public presentation relating to data generated under the date Research Program. In both instances, such review and approval will be conducted for the purposes of presentation, whichever is earlier, preserving the value of the Licensed Intellectual Property and determining whether any portion of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by proposed publication or presentation containing the Non-Publishing Disclosing Party, the Publishing Party shall (a) delete from ’s Confidential Information should be modified or deleted. Written copies of such proposed publication or presentation required to be submitted hereunder shall be submitted to the Non-Disclosing Party no later than thirty (30) days before submission for publication or presentation (the “Review Period”). The Non-Disclosing Party shall provide its comments with respect to such publications and presentations within fifteen (15) days after its receipt of such written copy, and the Publishing Party shall delete any Confidential Information of the Non-Publishing Party, Disclosing Party upon request. The Review Period may be extended for an additional sixty (b60) delay days in the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Disclosing Party to seek appropriate patent protectioncan, or within fifteen (c15) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure days of receipt of the contents written copy, demonstrate reasonable need for such extension, including for the preparation and filing of such patent applications. The Parties will each comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechgoverned by this Section 6.3.2.

Appears in 1 contract

Sources: Research Collaboration Agreement (CytomX Therapeutics, Inc.)

Publications. Notwithstanding Sections 10.1 Following the Amended Effective Date, Arrowhead shall not have the right to 10.4make any publications regarding the Development or Commercialization of any Licensed Construct or Licensed Product in the Territory, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or including to publish any other written or oral presentations regarding results of and any Clinical Trial or other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply Development activities conducted with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs Construct or Licensed ProductsProduct, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, without the “Publishing Party”)prior approval of GSK. Notwithstanding anything to the contrary in this Agreement, for the other Party avoidance of doubt, GSK shall have the right to review make any publications regarding the Development or Commercialization of any Licensed Construct or Licensed Product in the Territory as it chooses, in its sole discretion, without the approval of Arrowhead, including any Confidential Information as reasonably required for GSK’ s compliance with its then- current policy on the registration and approve any such proposed paper or presentation reporting of results of pharmaceutical company- sponsored Clinical Trials including disclosures made by GSK on ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇; provided that (the “Non-Publishing Party”). The Publishing Party a) GSK shall submit such publication to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) Arrowhead at least [***] prior to Business Days in advance of the date of intended submission for publication or presentation of such publication for Arrowhead’s review; (b) to the date of presentation, whichever is earlier, extent Arrowhead notifies GSK of any of specific, reasonable objections to such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case publication within [***] Business Days following GSK submitting such publication to Arrowhead for abstracts) of receipt thereof. As requested by review pursuant to the Non-Publishing Party, the Publishing Party shall foregoing clause (a) delete from such proposed publication or presentation ), based on concern regarding the specific disclosure of any Confidential Information of the Non-Publishing PartyArrowhead (or any of its Affiliates), as applicable, GSK will delete any such Confidential Information and, acting reasonably and in good faith, consider any other such objections, including whether it is necessary or advisable to delete any other information from such proposed publication; and (bc) upon Arrowhead’s request, GSK shall delay the date of any such submission for publication or presentation as needed to preserve the date patentability of any Confidential Information of Arrowhead (or any of its Affiliates); provided, further, that Arrowhead may elect, by delivery of written notice to GSK, to extend such presentation publication review period for a period of time sufficiently long (but in no event longer than up to an additional [**]) *] Business Days solely to the extent necessary to permit the Non-Publishing Party preparation and filing of any such patent applications with respect to seek appropriate patent protectionsuch Confidential Information of Arrowhead (or its Affiliates), or (c) as applicable. Arrowhead agrees to provide, and to cause its applicable subcontractors to provide, to GSK such assistance as reasonably requested by Genentech as in connection with fulfilling the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents requirements of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechpolicy.

Appears in 1 contract

Sources: License Agreement (Arrowhead Pharmaceuticals, Inc.)

Publications. Notwithstanding Sections 10.1 Neither Party shall publish or present the results of studies carried out under this Agreement without the opportunity for prior review by the other Party. Subject to 10.4Section 13.2, both Parties recognize that each Party agrees to provide the other Party the opportunity to review any proposed abstracts, manuscripts or presentations (including verbal presentations) which relate to any Licensed Product at least [*] prior to their intended submission for publication and agrees, upon request, not to submit any such abstract or manuscript for publication, or to make such presentation, until the other Party is given a reasonable period of time to secure patent protection for any material in such publication or disclosure presentation which it believes to be patentable. Both Parties understand that a reasonable commercial strategy may require delay of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper publication or presentation proposed for disclosure by Genentech which includes of information relating or filing of patent applications. The Parties agree to the Licensed PROTACs or Licensed Products, so long as such paper review and consider delay of publication or presentation does not contain any Confidential Information and filing of Arvinas, Genentech shall be free to make, publish patent applications under certain circumstances. The Steering Committee will review such requests and disclose such papers and presentations at its discretionrecommend subsequent action. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Neither Party shall have the right to review publish or present Confidential Information of the other Party, and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing each Party shall submit to remove the Non-Publishing Confidential Information of the other Party the from any proposed publication or presentation (includingupon request by such other Party. Nothing contained in this Section 12.2 shall prohibit the inclusion of information necessary to file a patent application with a government authority, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission except for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Nonnon-Publishing filing Party, (b) delay provided the date non-filing Party is given a reasonable opportunity to review the information to be included prior to submission of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter thereinapplication. Notwithstanding the foregoing, Arvinas the Parties recognize that independent investigators have been engaged, and will be engaged in the future, to conduct clinical trials of Licensed Products. Independent investigators that have been engaged by a Party or both Parties prior to or on the Effective Date may release information regarding such studies in a manner consistent with academic standards within the scope of such investigator's agreement with the relevant Party. Independent investigators that are engaged by a Party or both Parties after the Effective Date are understood to operate in an academic environment and shall not submit for publication or presentation any paper or presentation be allowed to release information regarding such studies in a manner consistent with academic standards; provided, however, that includes information relating the Party in privity with such investigators shall discourage such disclosures if detrimental to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechcollaboration.

Appears in 1 contract

Sources: Marketing, Distribution and Development Agreement (Gilead Sciences Inc)

Publications. Notwithstanding Sections 10.1 11.3.1 Prior to 10.4, both Parties recognize that public disclosure or submission for publication of a proposed publication describing the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding any Development activities for the Licensed PROTACs Product conducted under this Agreement, DS shall provide Kite with a copy of the proposed publication and shall allow Kite a reasonable time period (but no less than […***…] from the date of confirmed receipt) in which to determine whether the proposed publication contains subject matter for which patent protection should be sought (prior to publication of such proposed publication) for the purpose of protecting an invention, or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, whether the patentability of inventions and other commercial considerations. Accordingly, proposed publication contains the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of ArvinasKite. Following the expiration of the applicable time period for review, Genentech DS shall be free to make, publish and disclose submit such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any proposed publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish for publication or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs public such scientific or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each caseclinical results, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit subject to the Non-Publishing Party procedures set forth in Section 11.3.2. 11.3.2 If Kite believes that the subject matter of the proposed publication or presentation (includingother disclosure contains Confidential Information of Kite or a patentable Invention, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] then prior to the date expiration of submission the applicable time period for publication or the date of presentationreview, whichever is earlier, of any Kite shall notify DS in writing. Upon receipt of such submitted materials. The Non-Publishing Party written notice from Kite, DS shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete remove Kite’s Confidential Information from such proposed publication or presentation any Confidential Information disclosure, and shall delay public disclosure of such information or submission of the Non-Publishing Party, (b) delay the date of such submission proposed publication for publication or the date of such presentation for a an additional period of time sufficiently long (but in no event longer than [**]*…] (or such other time period mutually agreed by the Parties in writing) to permit preparation and filing of a patent application on the Non-Publishing Party disclosed subject matter. 11.3.3 Prior to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of a publication describing the contents results of such publication without the further approval any Development activities for any Licensed Product conducted outside of the Non-Publishing Party; providedTerritory, such content is not presented Kite shall provide DS with any new data or information or conclusions and/or in a form or manner that materially alters copy of the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechproposed publication.

Appears in 1 contract

Sources: Collaboration and License Agreement (Kite Pharma, Inc.)

Publications. Notwithstanding Sections 10.1 During the Term, each Party (as the “Requesting Party”) will submit to 10.4the other Party (as the “Reviewing Party”) for review and approval any proposed academic, both Parties recognize that the scientific and medical publication or disclosure of papers, presentations, abstracts public presentation related to any Licensed Product or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted activities conducted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, to the “Publishing extent it includes Information of the other Party”). In each such instance, such review and approval will be conducted for the purposes of preserving the value of the Reviewing Party’s technology, the other Party shall have the right to review rights granted under this Agreement and approve determining whether any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party portion of the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions containing the Reviewing Party’s Information should be modified or deleted. Written copies of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of required to be submitted hereunder will be submitted to the Non-Publishing Party, (b) delay the date of such Reviewing Party no later than 15 Business Days before submission for publication or presentation (or five Business Days in advance in the date case of an abstract). The Reviewing Party will provide its comments with respect to such publications and presentations within 10 Business Days of its receipt of such presentation written copy (or five Business Days in the case of an abstract). The review period may be extended for a period an additional 30 days if the Reviewing Party reasonably requests such extension including for the preparation and filing of time sufficiently long (but patent applications. Notwithstanding anything to the contrary, the Reviewing Party may require, in no event longer than [**]) to permit its reasonable discretion, that the Non-Publishing Requesting Party to seek appropriate patent protection, or (c) as requested by Genentech as redact the Non-Publishing Reviewing Party, modify ’s Information from any such proposed publication or presentation for patent or business reasonspresentation. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure The Parties will each comply with standard academic practice regarding authorship of the contents scientific publications and recognition of such publication without the further approval contribution of the Non-Publishing Party; provided, such content is not presented with other parties in any new data or information or conclusions and/or in a form or manner that materially alters the subject matter thereinpublication. Notwithstanding the foregoing, Arvinas shall a Licensee’s obligation to submit any publication to the Company for review and approval under this Section 9.4 will not submit for publication or presentation any paper or presentation that includes information relating apply to any Licensed PROTACs or publication made by a Licensee with respect to Licensed Products that does not contain Information or disclose any non-public information of the Company; provided, that where reasonably possible, Licensee will provide Company with an advance copy of such publication if such publication is reasonably likely to have a Genentech Compound without material adverse effect on the prior written consent value of GenentechCompany’s technology. For clarity, neither Party is obligated hereunder to submit proposed publications to the other Party for all proposed publications relating to work conducted outside of the scope of this Agreement. [***] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.

Appears in 1 contract

Sources: Option Agreement (CRISPR Therapeutics AG)

Publications. Notwithstanding Sections 10.1 The Joint Technical Committee shall discuss the overall strategy for, and coordinate, but have no right to 10.4approve or control publication and presentation of results of studies of Products or other data generated by CoTherix or its Affiliates or Sublicensees under this Agreement in support of Products worldwide, both Parties recognize with the aim of obtaining Regulatory Approvals and optimizing Commercialization of the Products worldwide. Each Party recognizes that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations papers regarding results of and other information regarding the Licensed PROTACs or Licensed Products activities under this Agreement, including oral presentations and abstracts, may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information. In particular, it is the patentability intent of inventions and other commercial considerationsthe Parties to maintain the confidentiality of any Confidential Information that may be included in any patent application until such Patent application has been filed. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such paper proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing other Party, the Publishing Party shall (a) delete from such proposed publication including any oral presentation or presentation any abstract, which pertains to results of Development, post approval studies or other studies with respect to Products or includes other data generated under this Agreement or which includes Confidential Information of the Non-Publishing other Party. Before any such paper is submitted for publication or an oral presentation is made, the publishing or presenting Party shall deliver a complete copy of the paper or materials for oral presentation to the other Party at least thirty (b30) delay days prior to submitting the paper to a publisher or making the presentation. The other Party shall review any such paper and give its comments to the publishing Party within fifteen (15) days of the delivery of such paper to the other Party. With respect to oral presentation materials and abstracts, the other Party shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to the publishing or presenting Party with appropriate comments, if any, but no event later than fifteen (15) days from the date of delivery to the other Party. Failure to respond within such submission fifteen (15) days shall be deemed approval to publish or present. The publishing or presenting Party shall comply with the other Party’s request to delete references to such other Party’s Confidential Information in any such paper and will withhold publication of any such paper or any presentation of same for publication or the date of such presentation for a period of time sufficiently long an additional sixty (but 60) days in no event longer than [**]) order to permit the NonParties to obtain patent protection if either Party deems it necessary. Any publication shall include recognition of the contributions of the other Party according to standard practice for assigning scientific credit, either through authorship or acknowledgement, as may be appropriate. Each Party shall use commercially reasonable efforts to cause investigators and institutions participating in Development and post approval studies for the Products with which it contracts to agree to terms substantially similar to those set forth in this Section 8, which efforts shall satisfy such Party’s obligations under this Section 8 with respect to such investigators and institutions. With respect to oral presentations, both Parties recognize the need to move quickly in special cases and under exigent circumstances. Therefore, in special circumstances such as late-Publishing breaking conference presentation opportunities the Parties shall cooperate so as to allow the Party who has the opportunity to seek appropriate patent protection, or (c) as requested by Genentech as make such presentation move quickly and not miss the Non-Publishing Party, modify such proposed opportunity. If either Party wishes for a draft publication or presentation for patent or business reasons. Once a publication has been approved by communication under this Section 8.5 to be translated into any language other than the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; providedoriginal language, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas Party shall not submit be responsible to manage and pay for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechsuch translation.

Appears in 1 contract

Sources: License Agreement (Cotherix Inc)

Publications. (a) Notwithstanding Sections 10.1 anything in this Agreement or the MDA to 10.4the contrary, both Parties recognize Omega is permitted to publish the results of its Development and other activities under this Agreement, provided, however, that if Omega wishes to make a publication or public presentation of such results that contains the Confidential Information of Nitto, Omega will deliver to Nitto a copy of any proposed written publication or presentation of such results at least thirty (30) days prior to submission for publication or presentation. Nitto will have the right (i) to propose modifications to the publication or disclosure presentation for patent reasons, trade secret reasons or business reasons within ten (10) days of papersreceipt of such copy, presentationswhich proposals Omega will consider in good faith, abstracts or any other written or oral presentations regarding results except to the extent such proposed modification involves the protection of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Nitto’s Confidential Information, other than Confidential Information that is Study Data generated in the patentability performance of inventions a Work Plan or Joint Development Plan under the MDA (which is Confidential Information of both Nitto and other commercial considerations. AccordinglyOmega), the following in which case Omega shall apply with respect implement such proposal, and (ii) to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper request a reasonable delay in publication or presentation proposed in order to protect patentable information in accordance with Article 6. Following the expiration of the applicable time period for disclosure by Genentech which includes information relating review (and subject to the Licensed PROTACs implementation of Nitto’s proposed modifications as provided for above), Omega will be free to submit for publication or Licensed Productsotherwise disclose to the public such results, so long as subject to the procedures set forth in the remainder of this Section 8.6. If N▇▇▇▇ provides written notice to Omega requesting a delay pursuant to clause (ii) in this Section 8.6, Omega will delay such paper submission or presentation does for a period of an additional forty five (45) days to enable Nitto to file patent applications on the disclosed subject matter. Omega will thereafter be free to publish or disclose such information, except that Omega may not contain disclose any Confidential Information of Arvinas, Genentech shall be free to make, publish Nitto in violation of Section 8.2. Omega will comply with standard academic practice regarding authorship of scientific publications and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, recognition of the contributions of other parties in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereofscientific publications. For clarityavoidance of doubt, Genentech N▇▇▇▇ shall not be permitted to publish any Study Data, or otherwise disclose any Confidential Information other similar information and data discovered, generated, made or reduced to practice in the performance of Arvinas, except as may be expressly permitted under this Agreement; and, the Joint Development Plan, or the MDA specific to the Collaboration Target. (b) With respect Nitto shall be permitted to publish any paper information Controlled by N▇▇▇▇ related to the Nitto Materials and Nitto Background Technology that do not reference or presentation proposed for disclosure by (i) Genentech which includes incorporate Modified Materials, Omega Materials, Omega Background Technology, Omega’s Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or Omega IP. (c) as requested Omega shall be permitted to publish any information Controlled by Genentech as Omega related to the Non-Publishing Party, modify such proposed publication Omega Materials and Omega Background Technology to do not reference or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with incorporate any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentech.Nitto

Appears in 1 contract

Sources: Collaboration and License Agreement (Omega Therapeutics, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.4During the Term and the term of the License Agreement, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or Altus will not submit any other written or oral presentations regarding results of and other information publications regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Product (including the ***Certain information on this page has been omitted and filed separately with the Commission. Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply treatment has been requested with respect to papers and presentations proposed for disclosure by either Party: (athe omitted portions. Development Results) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of GenentechZogenix. Any proposed publication by Zogenix regarding the Licensed Product in the Territory (including the Development Results) shall comply with this Section 7.5. At least [***] before a manuscript is to be submitted to a publisher, Zogenix will provide Altus with a copy of the manuscript. If Zogenix wishes to make an oral or visual presentation at any conference, it will provide Altus with a summary of such presentation, unless such disclosed information has previously been reviewed by Altus, at least [***] before such oral or visual presentation and, if an abstract is to be published, [***] before such abstract is to be submitted. Any oral or visual presentation, including any question period, shall not include any Confidential Information belonging to Altus unless Altus agrees in writing to such inclusion in advance of such oral presentation. Altus will review the manuscript, abstract, text or any other material provided to it to determine whether patentable subject matter or valuable trade secrets of Altus are disclosed and to assess the accuracy of the technical content therein. Altus will notify Zogenix within [***] of receipt of the proposed publication if Altus, in good faith, determines that patentable subject matter or valuable trade secrets of Altus are or may be disclosed, or if Altus, in good faith, believes Confidential Information of Altus is or may be disclosed. If it is determined by Altus that patent applications should be filed in advance of the proposed publication, Zogenix shall delay its publication or presentation for a period not to exceed [***] from Altus’ receipt of the proposed publication or presentation to allow time for the filing of patent applications covering patentable subject matter. If it is determined in good faith by Altus that Confidential Information of Altus is being disclosed, the Parties shall consult in good faith to arrive at an agreement on mutually acceptable modifications to the proposed publication or presentation to avoid such disclosure. Any publications (whether written or oral), where consistent with customary academic practice, shall acknowledge Altus as the developer and licensor of the Altus Technology and the Altus Product Technology.

Appears in 1 contract

Sources: Development and Option Agreement (Zogenix, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.4Except as provided in this Agreement, both Parties recognize that neither Party or its Affiliates shall publish or publicly disclose the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted research and/or development activities conducted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechthe other Party, except that after the expiration of all Options, the foregoing shall not apply to Anacor for results that relate to any Anacor Development Compounds, or to GSK for results that relate directly to any GSK Development Compounds. The Parties recognize that it may be useful or required to publish or publicly disclose the results of development work on Products, and GSK (and its Affiliates and Sublicensees) only shall be free to publish or publicly disclose such results, subject to the prior review by Anacor for patentability and protection of its Confidential Information. GSK shall provide to Anacor at GSK’s earliest practical opportunity any proposed abstracts, manuscripts or summaries of presentations which cover the results of clinical development of any Product, for review and comment as to matters relating to its patents and Confidential Information. Anacor shall respond in writing promptly and in no event later than [***] after receipt of the proposed material, or within such reasonably shorter period as is required (and promptly communicated by GSK to Anacor) by the relevant publication deadline, with [***] THE SYMBOL [***] IS USED TO INDICATE THAT A PORTION OF THE EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTION. comments on the proposed material, which GSK will consider in good faith but have no obligation to accept, or a specific statement of concern, based upon either the need to seek patent protection. In the event of concern, GSK agrees not to submit such publication or to make such presentation that contains such information until Anacor is given a reasonable period of time (not to exceed [***]) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues. This Section 9.6 shall cease to apply with respect to any Product upon the First Commercial Sale of such Product. Furthermore, with respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, such materials shall be subject to review under this Section 9.6 to the extent that GSK or Anacor (as the case may be) has the right to do so.

Appears in 1 contract

Sources: Research and Development Collaboration, Option and License Agreement (Anacor Pharmaceuticals Inc)

Publications. Notwithstanding Sections 10.1 to 10.4, both The Parties recognize that the publication or desirability of publishing and publicly disclosing the results of, and information regarding, activities under this Agreement. Accordingly, (a) prior to the Option Effective Date, ACI and (b) from and after the Option Effective Date, Takeda, in each case ((a) and (b)), shall be free to publicly disclose the results of, and information regarding, activities under this Agreement, including research, development and commercial information (including with respect to regulatory matters) subject to prior review by the other Party of any disclosure of paperssuch Party’s Confidential Information for issues of patentability and protection of such Confidential Information, presentationsin a manner consistent with Applicable Law and industry practices, abstracts as provided in this Section ‎10.8; provided that if Takeda reasonably believes that a publication of ACI could cause competitive harm or any have a detrimental effect on the value of the Licensed Compounds or Licensed Products or on the overall Patent portfolio for the Licensed Compounds or Licensed Products, Takeda shall notify ACI of such belief in writing, and such publication shall be subject to Takeda’s prior written consent. ‌ ​ ‌ ​ ​ Accordingly, prior to publishing or disclosing the other written Party’s Confidential Information (or, in the case of ACI, publishing or oral presentations regarding results of and other disclosing information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs Compounds or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the publishing Party shall provide the other Party shall have the right to review and approve any with drafts of such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials publications and written descriptions of oral presentations) disclosures at least [***] prior to the date of submission for publication or the date presentation (except with respect to drafts of presentationproposed abstracts, whichever is earlierposters or summaries of presentations, of any of such submitted materials. The Non-Publishing Party which shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within be provided at least [***] prior to submission for abstracts) of receipt thereofpublication or presentation). As requested by the Non-Publishing Party, the Publishing The publishing Party shall (a) delete from respond promptly through its designated representative and in any event no later than [***] after the receipt of such proposed publication or presentation any Confidential Information of or such shorter period as may be required by the Non-Publishing Partypublication or presentation. If the other Party requests a delay in publication or presentation, (b) the publishing Party shall delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than not to exceed [***]) to permit filings for Patent protection and to otherwise address issues of Confidential Information or related competitive harm. For clarity, from and after the Non-Publishing Party to seek appropriate patent protectionOption Effective Date, ACI shall not, and shall cause each of its Affiliates and its and their respective licensors and (sub)licensees not to, make any publications or (c) as requested by Genentech as public disclosures regarding the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs Compounds or Licensed Products that contain a Genentech Compound or any Confidential Information of Takeda without the Takeda’s prior written consent of Genentechconsent.

Appears in 1 contract

Sources: Option and License Agreement (AC Immune SA)

Publications. Notwithstanding Sections 10.1 to 10.4, both The Parties recognize that the publication or disclosure desirability of papers, presentations, abstracts or any other written or oral presentations regarding publishing and publicly disclosing the results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerationsactivities under this Agreement. Accordingly, Disc shall be free to publicly disclose the following results and information regarding its activities under this Agreement, including the Disc Regulatory Results, subject to prior review by Mabwell as provided in Section 8.5(a), and Mabwell shall apply with respect be free to papers publicly disclose the results of and presentations proposed for disclosure information regarding its activities under this Agreement, including the Mabwell Regulatory Results, subject to prior review by either Party:Disc as provided in 8.5(b). (a) With respect Prior to publishing or disclosing any paper or presentation proposed for disclosure by Genentech which includes results of and information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at regarding its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted activities under this Agreement; and (b) With respect to any paper or presentation , including the Disc Regulatory Results, Disc shall provide Mabwell with drafts of proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions or summaries of oral presentations) presentations at least [***] prior to the date of submission for any proposed publication or the date of presentation, whichever is earlier, of any of such submitted materialsdisclosure date. The Non-Publishing Party Mabwell shall review such submitted materials respond promptly through its designated representative and respond to the Publishing Party as soon as reasonably possible, but in any case within event no later than [***] for abstracts) after receipt of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation or such shorter period as may be required by the publication or presentation. Disc shall remove any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but Mabwell identified by Mabwell in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved and shall give due regard to comments furnished by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; providedMabwell, such content is comments not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter thereinto be unreasonably rejected. Notwithstanding the foregoingIn addition, Arvinas shall not submit for Disc agrees to delay such publication or presentation to allow a reasonable period (not to exceed [***]) for Mabwell to file for Patent protection with respect to any paper patentable information or inventions Controlled by Mabwell and identified by Mabwell in such proposed publication or presentation. (b) Prior to publishing or disclosing any results of and information regarding its activities under this Agreement, including the Mabwell Regulatory Results, Mabwell shall provide Disc with drafts of proposed abstracts, manuscripts, or summaries of presentations at least [***] prior to any proposed publication or disclosure date. Disc shall respond promptly through its designated representative and in any event no later than [***] after receipt of such proposed publication or presentation that includes information relating or such shorter period as may be required by the publication or presentation. Mabwell shall remove any Confidential Information of Disc identified by Disc in such proposed publication or presentation and shall give due regard to comments furnished by Disc, such comments not to be unreasonably rejected. In addition, Mabwell agrees to delay such publication or presentation to allow a reasonable period (not to exceed [***]) for Disc to file for Patent protection with respect to any Licensed PROTACs patentable information or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechinventions Controlled by Disc and identified by Disc in such proposed publication or presentation.

Appears in 1 contract

Sources: Exclusive License Agreement (Disc Medicine, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.4, both The Parties recognize that the publication or disclosure desirability of papers, presentations, abstracts or any other written or oral presentations regarding publishing and publicly disclosing the results of and other information regarding regarding, activities under this Agreement. Accordingly, Licensee shall be free to publicly disclose the Licensed PROTACs or Licensed Products may be beneficial to both Partiesresults of and information regarding, provided that such publications or presentations are activities under this Agreement, subject to reasonable controls to protect prior review by AstraZeneca of any disclosure of AstraZeneca’s Confidential Information for issues of patentability and protection of such Confidential Information, the patentability of inventions in a manner consistent with Applicable Law and other commercial considerationsindustry practices, as CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE DERMAVANT SCIENCES LTD. HAS DETERMINED THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO DERMAVANT SCIENCES LTD. IF PUBLICLY DISCLOSED. provided in this Section 6.5 (Publications). Accordingly, the following shall apply with respect prior to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper publishing or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain disclosing any Confidential Information of ArvinasAstraZeneca, Genentech Licensee shall be free to makeprovide AstraZeneca with drafts of proposed abstracts, publish manuscripts or summaries of presentations that cover such Confidential Information. AstraZeneca shall respond promptly through its designated representative and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least event no later than [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) after receipt of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of or such shorter period as may be required by the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for presentation. Licensee agrees to allow a reasonable period of time sufficiently long (but in no event longer than not to exceed [***]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation filings for patent protection and to otherwise address issues of Confidential Information or business reasonsrelated competitive harm to the reasonable satisfaction of AstraZeneca. Once a publication has been approved In addition, Licensee shall give due regard to comments furnished by AstraZeneca and such comments shall not be unreasonably rejected. In the Nonevent that AstraZeneca desires to publish AstraZeneca Know-Publishing PartyHow, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas AstraZeneca shall not submit for publication or presentation any paper or presentation that includes information publications relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound the AstraZeneca Know-How without the Licensee’s prior written consent of Genentechnot to be unreasonable withheld.

Appears in 1 contract

Sources: License Agreement (Dermavant Sciences LTD)

Publications. Notwithstanding Sections 10.1 (a) Subject to 10.4Mirati’s review and approval as set forth below, both Parties recognize that BeiGene shall have the publication or disclosure of papers, presentations, abstracts right to publish Clinical Data pertaining to the Compound or any other written Licensed Product and generated by or oral presentations on behalf of BeiGene in the Licensed Territory pursuant to this Agreement and subject to this Section 11.3(a). Mirati shall have the right to review, comment on, and approve any material proposed for disclosure or publication by BeiGene regarding any such Clinical Data and/or results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply BeiGene’s Development activities with respect to papers the Compound or any Licensed Product, whether by oral presentation, manuscript, or abstract. Before any such material is submitted for publication or presentation of the same is made, BeiGene shall deliver a complete copy to Mirati at least […***…] days prior to submitting the material to a publisher or initiating any other disclosure. Mirati shall review any such material and presentations proposed for disclosure by either Party: (a) give its comments to BeiGene within […***…] days of receipt of such material. With respect to any paper or oral presentation proposed for disclosure by Genentech which includes information relating materials and abstracts, Mirati shall make reasonable efforts to the Licensed PROTACs or Licensed Productsexpedite review of such materials and abstracts, so long and shall return such items as such paper or presentation does not contain any soon as practicable to BeiGene with appropriate comments, if any, but in no event later than […***…] days from receipt. BeiGene shall comply with Mirati’s request to delete references to its Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any such material and agrees to delay any submission for publication that discloses Genentech’s use or other public disclosure for a period of up to an additional […***…] days for the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information purpose of Arvinas, except as may be expressly permitted under this Agreement; andpreparing and filing appropriate patent applications. (b) With respect Subject to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of ArvinasBeiGene’s review and approval as set forth below, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party Mirati shall have the right to review publish preclinical data and Clinical Data pertaining to the Compound or any Licensed Product that is generated by or on behalf of BeiGene or any of its Affiliates or Sublicensees pursuant to this Agreement and subject to this Section 11.3(b). BeiGene shall have the right to review, comment on, and approve any material proposed for disclosure or publication 41 *** Confidential Treatment Requested by Mirati regarding any such proposed paper preclinical and Clinical Data, whether by oral presentation, manuscript, or presentation (the “Non-Publishing Party”)abstract. The Publishing Party shall submit to the Non-Publishing Party the proposed Before any such material is submitted for publication or presentation (includingof the same is made, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) Mirati shall deliver a complete copy to BeiGene at least [***…] days prior to submitting the date material to a publisher or initiating any other disclosure. BeiGene shall review any such material and give its comments to Mirati within […***…] days of receipt of such material. With respect to oral presentation materials and abstracts, BeiGene shall make reasonable efforts to expedite review of such materials and abstracts, and shall return such items as soon as practicable to Mirati with appropriate comments, if any, but in no event later than […***…] days from receipt. Mirati shall comply with BeiGene’s request to delete references to its Confidential Information in any such material and agrees to delay any submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation other public disclosure for a period of time sufficiently long (but in no event longer than up to an additional [**]) to permit *…] days for the Non-Publishing Party to seek purpose of preparing and filing appropriate patent protectionapplications. In addition, Mirati shall keep BeiGene reasonably informed of any proposed publication of preclinical data and Clinical Data pertaining to the Compound or any Licensed Product and generated by or on behalf of Mirati and allow BeiGene the reasonable opportunity to review and discuss any material proposed for disclosure or publication by Mirati regarding any such preclinical data and Clinical Data, whether by oral presentation, manuscript, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechabstract.

Appears in 1 contract

Sources: Collaboration and License Agreement (Mirati Therapeutics, Inc.)

Publications. Notwithstanding Sections 10.1 LICENSEE and its Affiliates shall have the right to 10.4, both Parties recognize that publish the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of their Development activities, including but not limited to non-clinical information and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Partiesclinical trials, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretionProduct(s) in the Field. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party LICENSOR shall have the right to review and approve comment on any material proposed for disclosure or publication by LICENSEE or its Affiliate, such as by manuscript or abstract, that relates to the Development, manufacture or Commercialization of Licensed Product(s) and/or that includes Confidential Information of LICENSOR. Before any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed material is submitted for publication or presentation disclosure (including, without limitation, posters, slides, other than abstracts, manuscriptswhich are addressed below), marketing materials and written descriptions of oral presentations) LICENSEE shall deliver a complete copy to LICENSOR at least [**] 30 days prior to submitting the material to a publisher or initiating such other disclosure, and LICENSOR shall review any such material and give its comments to LICENSEE within 15 days of the delivery of such material to LICENSOR, which comments shall be considered by LICENSEE in good faith. With respect to abstracts, LICENSEE shall deliver a complete copy to LICENSOR at least 10 days prior to the anticipated date of the presentation, and LICENSOR shall make reasonable efforts to expedite review of such abstracts, and shall return such items as soon as practicable to LICENSEE with appropriate comments, if any, but in no event later than 5 calendar days from the date of delivery to LICENSOR which comments shall be considered by LICENSEE in good faith. LICENSEE shall comply, or shall cause its Affiliates to comply (as applicable), with LICENSOR’s requests to delete references to LICENSOR’s Confidential Information in any such material and agrees to delay any submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation other public disclosure for a period of time sufficiently long (but in no event longer than [**]) up to permit an additional 60 days for the Non-Publishing Party to seek purpose of preparing and filing appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasonsapplications. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas LICENSOR shall not submit for publication or presentation publish any paper or presentation that includes information relating to any Licensed PROTACs Product, Licensed Patent Rights, or Licensed Products that contain a Genentech Compound InflamaCORE Program Technology without the prior written consent of GenentechLICENSEE (such consent not to be unreasonably withheld or delayed) except in collaboration with LICENSEE and its Affiliates. For any such desired publication, LICENSOR shall provide to LICENSEE a complete manuscript or abstract at least 60 days prior to its target submission date for review and comment and approval or rejection by LICENSEE; provided, however, that for purposes of this Article 6, no submission of a grant application in respect of any research outside of the Field will be deemed a publication requiring advance submission to, or prior written consent from, LICENSEE; but provided, further, that in cases where such research relates principally to the study of Inflammasomes or components thereof, and/or the mechanism(s) by which Licensed Product(s) works, LICENSEE will be provided both (1) pre-submission copies of all such grant applications and (2) confidential copies of the results thereof when obtained.

Appears in 1 contract

Sources: License Agreement (Larkspur Health Acquisition Corp.)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party Company shall have the right to review and approve publicly present or publish information relating to the Compounds or Products, including all Know-How generated by or on behalf of Company hereunder (including from any Clinical Studies conducted by Company) with respect to any Product (each such proposed paper presentation or presentation (publication, a “Company Publication”) in accordance with this Section 8.2. Company shall provide the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the MRKDG Alliance Manager with a copy of each proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) Company Publication at least [**] prior to the date earlier of its presentation or intended submission for publication publication; provided that in the case of abstracts, this period shall be at least [*] (such applicable period, the “Review Period”). Company agrees that it will not submit or present any such Company Publication (i) until MRKDG has provided comments in writing or by e-mail or telefax during such Review Period on the date material in such Company Publication or (ii) until the applicable Review Period has elapsed without comments from MRKDG, in which case Company may proceed and the Company Publication will be considered approved in its entirety. If Company receives comments from MRKDG during the applicable Review Period, it shall consider the comments of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possibleMRKDG in good faith, but in any case within [**] will retain the sole authority to submit the manuscript for abstracts) of receipt thereof. As requested by the Non-Publishing Partysuch Company Publication, the Publishing Party shall provided that Company agrees to (aA) delete from such proposed publication or presentation any Confidential Information of MRKDG that MRKDG identifies for deletion in its comments (except for information has already been publicly disclosed either prior to the Non-Publishing PartyEffective Date or after the Effective Date through no fault of Company or otherwise not in violation of this Agreement), and (bB) delay the date of such submission for publication or the date of such presentation Company Publication for a period of time sufficiently long (but in no event longer than up to an additional [**]) to permit ] after the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure end of the contents of applicable Review Period to enable MRKDG to draft and file Patent Rights with respect to any subject matter to be made public in such publication without Company Publication and to which MRKDG has the further approval applicable intellectual property rights to file such Patent Rights. MRKDG and MRKDG’s licensees and contractors shall have the right to publish the results of the Non-Publishing PartyExisting Clinical Studies; provided, however, that MRKDG shall submit such content is not presented with any new data publications to Company in advance and shall take into account, or information use Commercially Reasonable Efforts to cause its licensee or conclusions and/or in a form or manner that materially alters the subject matter thereincontractor, as applicable, to take into account, comments made by Company. Notwithstanding Subject to the foregoing, Arvinas with respect to any MRKDG Know-How that is specific to a Compound or Product (to the extent such MRKDG Know-How has not been previously publicly presented or published either (i) prior to the Effective Date or (ii) after the Effective Date in compliance with this Agreement), except as required by Applicable Law, MRKDG shall not submit for publicly present or publish such MRKDG Know-How unless such presentation or publication is approved by Company in writing, such approval not to be unreasonably withheld, conditioned or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechdelayed.

Appears in 1 contract

Sources: License Agreement (Day One Biopharmaceuticals Holding Co LLC)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect If either Party seeks to publish any paper or presentation proposed for disclosure by Genentech which includes information Information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information results of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted work conducted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech , which utilizes data generated from the Research Program and/or includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall or relates in any way to an Active Compound (prior to the first anniversary of the end of the Research Term), or to a Selected Compound or Collaboration Product (after the first anniversary of the end of the Research Term), that Party will provide the other Party the material proposed for disclosure or publication, such as by oral presentation, manuscript or abstract, and the other Party will have the right to review and approve comment on all such material. The Parties will reasonably agree on the content of any such proposed paper publication, except that J&J shall be free to publish the results of and/or Information concerning development of a Development Compound in Phase IIb Trials or presentation later stage trials subject to subclause (the “Non-Publishing Party”). The Publishing Party shall submit b) below. (b) If J&J seeks to publish any Information relating to the Non-Publishing Party the proposed results of work conducted under this Agreement concerning development of a Development Compound in Phase IIb Trials or later stage trials or commercialization of a Collaboration Product, which Information or publication or presentation (includingincludes Confidential Information of Arena, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) J&J will deliver a complete copy to Arena at least [**] 45 days prior to submitting the date material to a publisher or initiating any other disclosure. Arena will review any such material and give its comments to J&J as soon as practicable and will give written notice whether it authorizes the disclosure of its Confidential Information or requests deletion of Arena Confidential Information and/or other comments regarding the disclosure. J&J will comply with any request of Arena to delete references to Arena’s Confidential Information and will reasonably consider any other comments. (c) J&J agrees, at Arena’s request, to delay any submission for publication or other public disclosure regarding results of work conducted under this Agreement, which utilizes data generated from the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but Research Program or relates in any case within [**] for way to an Active Compound, a Collaboration Compound or a Collaboration Product, and other information regarding the Research Program, including oral presentations and abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) up to permit an additional 90 days for the Non-Publishing Party to seek purpose of preparing and filing appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechapplications.

Appears in 1 contract

Sources: Collaboration and License Agreement (Arena Pharmaceuticals Inc)

Publications. Notwithstanding Sections 10.1 During the Research Program Term, Ligand and Lilly each acknowledge the other party's interest in publishing certain information gathered during the collaboration to 10.4obtain recognition within the scientific community and to advance the state of scientific knowledge. Each party also recognizes the mutual interest in obtaining valid patent protection and protecting business interests. The Steering Committee, or its designee, will establish procedures for review of publications that will address the process, timing and criteria for decision while taking into account both Parties recognize Ligand's and Lilly's policies for publication review and approval. The Steering Committee, or its designee (the "Publication Subcommittee"), shall consider each such proposed publication that arises during the Research Program Term by reviewing an advance draft of all written publications and an abstract of all oral presentations, which shall be submitted not later than 45 days prior to the first submission for publication in the case of written publications and 45 days prior to submission of the abstract to the organizers of the forum at which the oral presentation is to be made. If, within 30 days of receipt of the advance copy of a party's proposed written publication or disclosure abstract of papers, presentations, abstracts or any other written or a proposed oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Informationpresentation, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper Steering Committee or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as its Publication Subcommittee informs such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at party that its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (includingcould be expected to have a material adverse effect on any Ligand Patents, without limitationLigand Technology, postersLilly Patents, slidesLilly Technology, abstractsJoint Patents or Joint Technology developed or acquired during the Research Program Term, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of then such submitted materials. The Non-Publishing Party party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent a period of up to 90 days or, if longer, a commercially reasonable period of time, to enable modifications to the publication or presentation for patent, trade secret, or commercial reasons or to allow for patent(s) preparation and filing of the information involved, if such information pertains to a patentable invention. If any material changes are made to the advance copy prior to publication or presentation, the final version shall be submitted for review by the Steering Committee or the Publication Subcommittee, which shall then have a period of 10 business reasonsdays to review the final version. Once If, within 30 days of receipt of an advance copy or within 10 business days of receipt of the final version of a party's proposed publication or presentation, the Steering Committee or the Publication Subcommittee has been failed to act with respect to such party's proposed publication or presentation, then such proposed publication or presentation shall be regarded as approved by the Non-Publishing Party, the Publishing Party Steering Committee and may make subsequent public be published or presented. The disclosure of information that has been previously approved or is not Confidential Information shall not require the contents of such publication without the further review and approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of GenentechSteering Committee under this Section 10.5.

Appears in 1 contract

Sources: Collaboration Agreement (Ligand Pharmaceuticals Inc)

Publications. Notwithstanding Sections 10.1 During the Term, each Party shall submit to 10.4, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have (the right to “Non-Disclosing Party”) for review and approve approval any proposed academic, scientific and medical publication or public presentation which contains the Non-Disclosing Party’s Confidential Information. In addition, Company shall submit to Pfizer for review and approval any proposed publication or public presentation relating to this Agreement. In both instances, such review and approval will be conducted for the purposes of preserving the value of the Company Intellectual Property and the rights granted to Pfizer hereunder and determining whether any portion of the proposed publication or presentation containing the Non-Disclosing Party’s Confidential Information should be modified or deleted. Written copies of such proposed paper publication or presentation required to be submitted hereunder shall be submitted to the Non-Disclosing Party no later than [***] before submission for publication or presentation (the “Non-Publishing PartyReview Period”). The Publishing Non-Disclosing Party shall submit provide its comments with respect to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials such publications and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case presentations within [***] of its receipt of such written copy. The Review Period may be extended for abstracts) of receipt thereof. As requested by an additional [***] in the event the Non-Publishing PartyDisclosing Party can, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than within [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure *] of receipt of the contents written copy, demonstrate reasonable need for such extension including for the preparation and filing of such patent applications. Company and Pfizer will each comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any publication without governed by this Section 6.5.2, including International Committee of Medical Journal Editors standards regarding authorship and contributions. For the further sake of clarity, Pfizer’s obligation to submit any publication to Company for review and approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas under this Section 6.5.2 shall not submit for publication or presentation any paper or presentation that includes information relating apply to any Licensed PROTACs or Licensed Products that publication which does not contain a Genentech Compound without the prior written consent of GenentechCompany’s Confidential Information. 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 UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934.

Appears in 1 contract

Sources: License Agreement (Repligen Corp)

Publications. Notwithstanding Sections 10.1 (a) Viracta shall have the right to 10.4, both Parties recognize that the review and comment on any material proposed for disclosure or publication or disclosure of papers, presentations, abstracts or any other written or oral presentations by Salubris regarding results of and other information regarding Salubris’ Development activities during the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply Term with respect to papers and presentations the Product, whether by oral presentation, manuscript, or abstract. Before any such material is submitted for publication, or presentation of any such material is made, Salubris shall deliver a complete copy of the material proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) Viracta at least [***] for oral presentations or abstracts or [***] for manuscripts prior to submitting the date of submission for publication material to a publisher or the date of presentationinitiating any other disclosure, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond or as close to the Publishing Party as soon these time frames as reasonably possible, but in . Viracta shall review any case such material and give its comments to Salubris within [***] for abstractsoral presentations or abstracts or [***] for manuscripts after the receipt of such material, provided that Viracta shall make reasonable efforts to review such materials and abstracts and return such items as soon as practicable to Salubris with appropriate comments, if any. Subject to Section 13.4(b), following the expiration of the applicable time period for review, Salubris shall be free to submit such proposed manuscript for publication or presentation materials for public disclosure, and does not need to follow this process for subsequent publications or presentations of the same data or other information. (b) of receipt thereof. As requested by If Viracta notifies Salubris within the Non-Publishing Party, the Publishing Party shall applicable time period set forth in subsection (a) delete from above that such proposed publication or presentation any Confidential Information of the Non-Publishing Partypresentation, in Viracta’s reasonable judgment: (bi) contains an invention for which Viracta desires to obtain patent protection, Salubris shall delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than up to [**]*] days (or such other time period agreed by the Parties in writing) to permit the Non-Publishing Party to seek appropriate preparation and filing of a patent protectionapplication for such invention, or (ii) contains any Confidential Information of Viracta, or (c) could be expected to have an adverse effect on the commercial value of any Confidential Information disclosed by Viracta to Salubris, the Parties shall attempt to agree on revisions to the applicable disclosure so as requested by Genentech as to preserve both the Non-Publishing Partycommercial value of such Confidential Information and the scientific merit of such disclosure, modify such proposed and no publication or presentation for patent shall be made by Salubris until the Parties agree on such revisions or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechidentified by Viracta is removed.

Appears in 1 contract

Sources: Exclusive Collaboration and License Agreement (Sunesis Pharmaceuticals Inc)

Publications. Notwithstanding Sections 10.1 11.3.1 Prior to 10.4public disclosure or submission for publication of a proposed publication describing the results of any scientific or clinical activity relating to, both Parties recognize that in the publication case of Teijin, a Licensed Product, or disclosure in the case of papersVersartis, presentationsJoint Development Work, abstracts the Japanese Ongoing Studies, or any other written Development activity under Sections 4.3 or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information4.4, the patentability Party disclosing or submitting such proposed publication (the “Submitting Party”) shall send the other party (the “Responding Party”) a copy of inventions the proposed publication to be submitted and other commercial considerations. Accordinglyshall allow the Responding Party a reasonable time period (but no less than [ * ] days from the date of confirmed receipt) in which to determine whether the proposed publication contains subject matter for which patent protection should be sought (prior to publication of such proposed publication) for the purpose of protecting an invention, or whether the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to publication contains the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinasthe Responding Party. Following the expiration of the applicable time period for review, Genentech the Submitting Party shall be free to makesubmit such proposed publication for publication or otherwise disclose to the public such scientific or clinical results, publish and disclose subject to the procedures set forth in Section 11.3.2. 11.3.2 If the Responding Party believes that the subject matter of the proposed publication or other disclosure contains Confidential Information or a patentable invention of the Responding Party, then prior to the expiration of the applicable time period for review, the Responding Party shall notify the Submitting Party in writing of its determination that such papers and presentations at its discretion. Genentech shall acknowledge Arvinasproposed publication or other disclosure, as appropriateapplicable, in any publication that discloses Genentech’s use contains such information or subject matter for which patent protection should be sought. Upon receipt of such written notice from the Responding Party, the Submitting Party shall delay public disclosure of such information or submission of the Licensed PROTACs proposed publication for an additional period of [ * ] days (or Licensed Products or such other time period mutually agreed by the results thereofParties in writing) to permit preparation and filing of a patent application on the disclosed subject matter. For clarity, Genentech The Submitting Party shall not thereafter be permitted free to publish or otherwise disclose such information, except that the Submitting Party may not disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information the Responding Party in violation of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of GenentechSection 11.1.

Appears in 1 contract

Sources: Exclusive License and Supply Agreement (Versartis, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that During the publication or disclosure Term of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordinglythis Agreement, the following restrictions shall apply with respect to papers and presentations proposed for disclosure by either Partyany Party of Confidential Information relating to the Product in any publication or presentation: (a) With respect Both Parties acknowledge that it is their policy for the studies and results thereof to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish registered and disclose such papers and presentations at its discretionpublished in accordance with their internal guidelines. Genentech shall acknowledge Arvinas, as appropriateGlycArt, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarityaccordance with its internal policies and procedures, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review publish all studies, clinical trials and approve results thereof on the clinical trial registries which are maintained by or on behalf of GlycArt. ICT shall not publish any such proposed paper studies, clinical trials or presentation results thereof on its clinical trial registry, provided however, that GlycArt’s clinical trial registry can be accessed via a link from ICT’s clinical trial registry. (the b) A Party (Non-Publishing Party”)) shall provide the other Party with a copy of any proposed publication or presentation at least thirty (30) days (or at least 10 days in the case of oral presentations) prior to submission for publication so as to provide such other Party with an opportunity to recommend any changes it reasonably believes are necessary to continue to maintain the Confidential Information disclosed by the other Party to the Publishing Party in accordance with the requirements of this Agreement. The incorporation of such recommended changes shall not be unreasonably refused; and If such other Party notifies (“Notice”) the Publishing Party shall submit to in writing, within thirty (30) days after receipt of the Non-Publishing Party copy of the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions or at least fifteen (15) days in the case of oral presentations), that such publication or presentation in its reasonable judgment (i) at least [**] prior contains an invention, solely or jointly conceived and/or reduced to practice by the other Party, for which the other Party reasonably desires to obtain patent protection or (ii) could be expected to have a material adverse effect on the commercial value of any Confidential Information disclosed by the other Party to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from prevent such proposed publication or presentation any Confidential Information delay such publication for a mutually agreeable period of time. In the Non-Publishing Partycase of inventions, a delay shall be for a period reasonably sufficient to permit the timely preparation and filing of a patent application(s) on such invention, and in no event less than ninety (b90) delay days from the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of GenentechNotice.

Appears in 1 contract

Sources: License Agreement (ImmunoCellular Therapeutics, Ltd.)

Publications. Notwithstanding Sections 10.1 (a) Neither Party shall publish or present the results of the Research with respect to 10.4a Collaboration Compound or of development studies carried out thereon until after completion of Phase I clinical development with respect thereto. Subject to the foregoing and the restrictions provided below, both Parties recognize that either Party may publish or present the results of the Research or of development studies carried out on such Collaboration Compound, subject to the prior review by the other Party for patentability and protection of Confidential Information. Each Party shall provide to the other Party the opportunity to review any proposed abstracts, manuscripts or summaries of presentations which cover the results of the Research or of pre-Phase III clinical development of such Collaboration Compound. Such other Party shall respond in writing promptly and in no event later than sixty (60) days after its receipt of the proposed material with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, the submitting Party agrees not to submit such publication or disclosure to make such presentation that contains such information until the other Party is given a reasonable period of papers, presentations, abstracts time (not to exceed ninety (90) days) to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial issues. This Section 8.3(a) shall cease to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to Collaboration Compound upon the Licensed PROTACs or Licensed Products, so long commercial launch of a Collaboration Product containing such Collaboration Compound as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; andan active ingredient. (b) With respect Each Party also agrees to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve delete from any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing other Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter thereinupon its reasonable request. Notwithstanding the foregoing, Arvinas BMS shall not submit for publication publish any Confidential Information comprising or presentation any paper pertaining to Arris Delta Technology or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound Delta Compounds without the prior written consent approval of GenentechArris. (c) In any publication permitted under this Section 8.3, each Party shall acknowledge its collaboration with the other Party under this Agreement.

Appears in 1 contract

Sources: Collaborative Research and License Agreement (Axys Pharmecueticals Inc)

Publications. Notwithstanding Sections 10.1 to 10.4AstraZeneca shall have no right to, both Parties recognize that the publication and shall ensure its employees and contractors do not, publish or disclosure of papers, presentations, abstracts present any data or any other written or oral presentations results regarding results of and other information regarding the Licensed PROTACs Compounds or Licensed Products may be beneficial generated by or on behalf of Licensee, its Affiliates or Sublicensees. AstraZeneca shall not and shall ensure its employees and contractors do not publicly disclose the results of, or information regarding, its or any of its Affiliate’s activities regarding Licensed Compounds or Licensed Products conducted prior to both Parties, the Effective Date of this Agreement; provided that such publications for the period commencing on the Effective Date and continuing for [***] thereafter, notwithstanding the foregoing, AstraZeneca’s employees and contractors may publicly disclose the results of, or presentations are information regarding, its or any of its Affiliate’s activities regarding Licensed Compounds or Licensed Products conducted prior to the Effective Date of this Agreement, subject in each instance to the prior review and written consent of Licensee, in a manner consistent with Applicable Law and industry practices, as provided in this Section 6.5. Licensee shall be free to publicly disclose the results of, and information regarding, activities under this Agreement, subject to reasonable controls to protect prior review by AstraZeneca of any disclosure of AstraZeneca’s Confidential Information solely for issues of patentability and protection of such Confidential Information, in a manner consistent with Applicable Law and industry practices, as provided in this Section 6.5; provided that, notwithstanding the patentability foregoing, upon the expiration of inventions the First Negotiation Period (or, if AstraZeneca exercises its right of first negotiation, the Negotiation Period) and other commercial considerationscontinuing thereafter for the remainder of the Term, Licensee shall be free to publicly disclose the results of, and information regarding, activities under this Agreement without any prior review by AstraZeneca. Accordingly, the following shall apply with respect as required by this Section 6.5, prior to papers and presentations proposed for disclosure by either Party: (a) With respect to publishing or disclosing any paper or presentation proposed for disclosure by Genentech which includes information relating to the Confidential Information regarding Licensed PROTACs Compounds or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes the Party seeking to publish shall provide the other Party with drafts of proposed abstracts, manuscripts or summaries of presentations that cover such Confidential Information of Arvinas, or Information; (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other non-publishing Party shall have the right to review respond promptly through its designated representative and approve in any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least event no later than [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) after receipt of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of or such shorter period as may be required by the Non-Publishing Party, (b) delay the date of such submission for publication or presentation; (iii) the date of such presentation for publishing Party agrees to allow a reasonable period of time sufficiently long (but in no event longer than not to exceed [***]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation filings for patent protection and to otherwise address issues of Confidential Information or business reasons. Once a publication has been approved related competitive harm to the reasonable satisfaction of the other Party; and (iv) the publishing Party shall consider such comments furnished by the Nonnon-Publishing Party, the Publishing publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechgood faith.

Appears in 1 contract

Sources: License Agreement (Ovid Therapeutics Inc.)

Publications. Notwithstanding Sections 10.1 University agrees not to 10.4disclose the Research Results to any third party except in accordance with this Section 7.2 and Section 4.3 of the Research Agreement. University and its employees will be free to publicly disclose (through journals, both Parties recognize lectures, or otherwise) the Research Results, provided that the University shall have provided a copy of the proposed disclosure to Company at least ninety (90) days prior to the submission of any written publication or any oral public disclosure (the "Review Period") to allow Company to review and suggest revisions to the disclosure, and to determine whether any Invention or its Confidential Information would be disclosed. If Company reasonably determines that the proposed disclosure would reveal an Invention or Company Confidential Information, then Company shall notify University of such determination and its basis prior to the expiration of the Review 11 158 Period. With respect to disclosure of papersan Invention, presentationsthe University agrees not to submit the written publication or presentation of the oral public disclosure, abstracts or otherwise disclose the Research Results in any manner that would compromise Company's ability to obtain valid Patent Rights covering such Invention. University shall not disclose Research Results and/or an Invention until one of the following events occurs: (i) Company and University agree that no patentable Invention exists; (ii) University or Company files a patent application claiming the relevant Invention pursuant to Article 6; or (iii) Company and University, jointly agree upon revisions that prevent disclosure of any Invention. With respect to disclosure of Company Confidential Information, upon receipt of notice by Company, the University agrees to delete such information from any proposed disclosure. The foregoing notwithstanding, in the event that Sponsor and/or its sublicensee notifies Principal Investigator and/or University that a proposed publication of Research Results contains information which is of substantial commercial importance to Sponsor and/or its sublicensee, Principal Investigator and University shall delay the proposed publication, or any other written form of public disclosure of such information by Principal Investigator and/or University, for a period not to exceed eighteen (18) months from the filing date of the first patent application covering the information contained in the proposed publication. In the event that Principal Investigator and/or Institution notifies Sponsor of evidence that an independent third party is preparing to publish, or oral presentations regarding results of and other otherwise publicly disclose, essentially the same information regarding the Licensed PROTACs or Licensed Products may be beneficial as that contained in a proposed publication by Principal Investigator and/or University which has been delayed by Sponsor, Sponsor will seriously consider a request by Principal Investigator and/or University to both Partiesallow such delayed publication to occur on an expedited bases, provided that absent written approval from Sponsor no such publications or presentations are subject to reasonable controls to protect Confidential Informationexpedited publication shall occur. For the avoidance of doubt, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall Principal Investigator and/or University will be free to make, publish on the samples and disclose such papers data collected and presentations at its discretiongenerated outside this Agreement under MRC funding according to MRC policy. Genentech shall acknowledge Arvinas, as appropriate, in any Such publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating subject to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information terms of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechthis agreement.

Appears in 1 contract

Sources: Collaboration and License Agreement (Genome Therapeutics Corp)

Publications. Notwithstanding Sections 10.1 The JMAC (and prior to 10.4the establishment of the JMAC, both Parties recognize that the JRC (for Research-related publications) or the JDC (for Development-related publications)) (each of the JRC, JDC and the JMAC, the “Responsible Committee”) shall establish publication review and approval procedures for this Collaboration consistent with the publication policies of both Parties. The Parties shall review and approve any publication by either Party or disclosure of papersits Affiliates or (sub)licensees relating to the Compounds or Collaboration Products, presentationsincluding scientific, abstracts health economic or any other written or oral presentations regarding pharmacoeconomic publications, in accordance with such procedures, considering Astellas’ and Cytokinetics’ interest in publishing the results of the work in the Research, Development, and Medical Affairs Activities in order to obtain recognition within the scientific or other information regarding applicable community and to advance the Licensed PROTACs or Licensed Products may be beneficial to both Partiesstate of knowledge in the field, provided that such publications or presentations are subject to reasonable controls the need to protect Confidential InformationInformation and the Parties’ mutual interest in obtaining valid patent protection, the patentability of inventions protecting reasonable business interests and other commercial considerationstrade secret information, and having an integrated approach to developing one or more Collaboration Products for one or more Indications. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of ArvinasConsequently, except as may be expressly for disclosures permitted under pursuant to Sections 13.3 and 13.5, [ * ] = Certain confidential information contained in this Agreement; and (b) With respect to any paper or presentation proposed for disclosure document, marked by brackets, has been omitted because it is both (i) Genentech which includes Confidential Information of Arvinas, or not material and (ii) Arvinas which includes information relating would likely cause competitive harm if publicly disclosed. each Party and their Affiliates, employee(s) and consultant(s) shall deliver to the Licensed PROTACs Responsible Committee for review and comment a copy of any proposed publication or Licensed Products directed presentation that pertains to Exclusive Targets any Compound or otherwise includes Confidential Information of Genentech Collaboration Product, pursuant to a procedure to be established by the Responsible Committee (in each case, the “Publishing Party”but excluding general corporate publications and presentations), the other Party any such comments to be provided within [ * ] days of receipt. The Responsible Committee shall have the right to review and approve any such proposed paper or presentation (require modifications of the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall : (a) delete from such proposed publication or presentation any to protect each Parties’ respective Confidential Information of the Non-Publishing Party, Information; (b) for trade secret reasons or business reasons; and/or (c) to delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party an additional [ * ] days as may be reasonably necessary to seek appropriate patent protection, or (c) as requested by Genentech as protection for the Non-Publishing Party, modify information disclosed in such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechsubmission.

Appears in 1 contract

Sources: License and Collaboration Agreement (Cytokinetics Inc)

Publications. Notwithstanding Sections 10.1 Subject to 10.4the restrictions provided below, both Parties recognize that the JSC shall determine the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding strategy for the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, Territory. In the patentability of inventions and other commercial considerations. Accordingly, event either Party is permitted by the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted JSC to publish or otherwise disclose any Confidential Information present the results of ArvinasDevelopment carried out on Licensed Product, except as may be expressly permitted under this Agreement; and (b) With respect to any paper such publication or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating shall be subject to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), prior review by the other Party for patentability and protection of such other Party’s Confidential Information. Each Party shall have provide to the right other Party the opportunity to review and approve any such proposed paper abstracts, manuscripts or presentation (summaries of presentations that cover the “Non-Publishing Party”)results of Development of the Product. The Publishing Each Party shall submit to designate a person or persons who shall be responsible for reviewing such publications. Such designated *Confidential Treatment Requested. Omitted portions filed separately with the Non-Publishing Party Commission. person shall respond in writing promptly and in no event later than []* days after receipt of the proposed material with either approval of the proposed material or a specific statement of concern, based upon either the need to seek patent protection or concern regarding competitive disadvantage arising from the proposal. In the event of concern, the submitting Party agrees not to submit such publication or to make such presentation that contains such information until the other Party is given a reasonable period of time (not to exceed []* days) to seek patent protection for any material in such publication or presentation (includingthat it believes is patentable or to resolve any other issues, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing submitting Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete remove from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing other Party to seek appropriate patent protection, or (c) as requested by Genentech such other Party. With respect to any proposed abstracts, manuscripts or summaries of presentations by investigators or other Third Parties, including Related Parties such materials shall be subject to review under this Section 9.5 to the extent that Alnylam or Cubist, as the Non-Publishing Partycase may be, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating right to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechdo so.

Appears in 1 contract

Sources: License and Collaboration Agreement (Cubist Pharmaceuticals Inc)

Publications. 6.1. Notwithstanding Sections 10.1 any other provisions in this Agreement, WAKE FOREST is free to 10.4publish, both Parties recognize present, or use any results arising out of the performance of this Agreement for its own instructional, research, or publication objectives provided that the publication, presentation or use does not disclose any Information defined under Section 9. WAKE FOREST agrees that any proposed publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted Research Project conducted under this Agreement; and Agreement will be submitted to SPONSOR at least thirty (b30) With respect days prior to any paper submission for publication or presentation proposed for disclosure by (i) Genentech which includes Confidential Information presentation. No right of Arvinas, or (ii) Arvinas which includes information relating approval is granted to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, SPONSOR. In the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party event that the proposed publication or presentation (includingcontains subject matter which needs patent protection, without limitationWAKE FOREST will, postersupon written request that identifies potentially patentable subject matter within the 3O-day review period, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to delay the date of submission for publication or presentation for a maximum of an additional ninety (90) days to allow for the date filing of presentationpatent application(s). Should the SPONSOR also desire to publish any results arising out of the performance of this Agreement, whichever is earlier, WAKE FOREST will be provided with a copy of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, at least thirty (b30) delay the date of such days prior to submission for publication or review. In the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit that the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the contains subject matter therein. Notwithstanding which needs patent protection, SPONSOR will, upon written request that identifies potentially patentable subject matter within the foregoing30-day review period, Arvinas shall not submit for delay the publication or presentation for a maximum of an additional ninety (90) days to allow for the filing of patent application(s). 6.2. SPONSOR may issue press releases or other public communications at any paper time concerning the Research Project, but shall furnish a copy thereof to WAKE FOREST at least five (5) working days prior to public release. SPONSOR may not use or presentation that includes information relating refer to the name of WAKE FOREST, its likenesses, logos, or marks of WAKE FOREST in any Licensed PROTACs or Licensed Products that contain a Genentech Compound form without the WAKE FOREST's prior written consent of Genentechapproval, which approval will not be unreasonably withheld.

Appears in 1 contract

Sources: Research Agreement (Idt Inc)

Publications. Notwithstanding Sections 10.1 The Parties acknowledge that scientific publications and presentations must be strictly monitored to 10.4, both Parties recognize that the prevent any adverse effect from premature publication or disclosure dissemination of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerationsactivities hereunder. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech Each Party (in each case, such capacity the “Publishing Party”) agrees that, except as required by Applicable Laws, it shall not publish or present, or permit to be published or presented, any results of the Development, Manufacture, use or Commercialization of a Licensed Product to the extent such results refer to, derive from or otherwise relate to the Licensed Intellectual Property (the “Covered Results”), without the prior review by and approval of the other Party shall have the right to review and approve any (in such proposed paper or presentation (capacity, the “Non-Publishing Non‑Disclosing Party”). , which approval shall not be unreasonably withheld; provided that it shall not be deemed unreasonable for CytomX to withhold its consent to any request by ImmunoGen to publish or disseminate Covered Results prior to the publication or dissemination of such Covered Results by CytomX. The Publishing Party shall submit to the Non-Publishing Disclosing Party for review and approval any proposed academic, scientific and medical publication or public presentation which contains Covered Results or otherwise contains the Non-Disclosing Party’s Confidential Information; provided that the foregoing requirement shall apply to CytomX only to the extent any such proposed publication or presentation would refer to, describe or otherwise disclose Confidential Information of ImmunoGen [***] Certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (including, without limitation, postersany nonpublic Licensed Intellectual Property). In addition, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior each Party shall submit to the date of submission other Party for review and approval any proposed publication or public presentation relating to data generated under the date Research Program. In both instances, such review and approval will be conducted for the purposes of presentation, whichever is earlier, preserving the value of the Licensed Intellectual Property and determining whether any portion of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by proposed publication or presentation containing the Non-Publishing Disclosing Party, the Publishing Party shall (a) delete from ’s Confidential Information should be modified or deleted. Written copies of such proposed publication or presentation required to be submitted hereunder shall be submitted to the Non-Disclosing Party no later than thirty (30) days before submission for publication or presentation (the “Review Period”). The Non-Disclosing Party shall provide its comments with respect to such publications and presentations within fifteen (15) days after its receipt of such written copy, and the Publishing Party shall delete any Confidential Information of the Non-Publishing Party, Disclosing Party upon request. The Review Period may be extended for an additional sixty (b60) delay days in the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Disclosing Party to seek appropriate patent protectioncan, or within fifteen (c15) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure days of receipt of the contents written copy, demonstrate reasonable need for such extension, including for the preparation and filing of such patent applications. The Parties will each comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechgoverned by this Section 6.3.2.

Appears in 1 contract

Sources: License Agreement (CytomX Therapeutics, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that Neither Party shall publish or present the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of studies carried out during the Collaborative Research Period and the BMS Independent Activity Period (including results of studies carried out with Non-LXR Modulators) without the opportunity for prior review by the other information regarding Party; provided, however, that BMS may publish or present the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability results of inventions and other commercial considerations. Accordingly, the following shall apply studies with respect to papers and presentations Collaboration Compounds that have received approval as an ECN without prior review by Exelixis. Subject to Section 9.3, each Party agrees to provide the other Party the opportunity to review any proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any contains Confidential Information of Arvinasthe other Party and would or may constitute an oral, Genentech shall be free written or electronic public disclosure if made (including the full content of proposed abstracts, manuscripts or presentations) which relate to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas[ * ], or (ii) Arvinas which includes information relating otherwise may [ * ], at least [ * ] prior to the Licensed PROTACs its intended submission for publication and agrees, upon request, not to submit any such abstract or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), manuscript for publication until the other Party is given a reasonable period of time to secure patent protection for any material in such publication which it believes to be patentable. Both Parties understand that a reasonable commercial strategy may require delay of publication of information or filing of patent applications. The Parties agree to review and consider delay of publication and filing of patent applications under certain circumstances. The JRC shall review such requests and recommend subsequent action. Neither Party shall have the right to review and approve any such proposed paper publish or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any present Confidential Information of the Nonother Party which is subject to Section 9.1. Nothing contained in this Section 9.6 shall prohibit the inclusion of Confidential Information of the non-Publishing Partyfiling Party [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, (b) delay MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. necessary for a patent application, provided the date non-filing Party is given a reasonable opportunity to review the extent and necessity for its Confidential Information to be included prior to submission of such submission for patent application. Any disputes between the Parties regarding delaying a publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party filing of a patent application shall be referred to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of GenentechJRC.

Appears in 1 contract

Sources: Collaboration Agreement (Exelixis Inc)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that Dong-A may develop policies and procedures (the “Publication Policies”) for any publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers the results of Clinical Trials for a Licensed Product in the applicable Field in the Territory, including disclosure applicable to clinical trial registries, which policies and procedures shall be consistent with the Dong-A’s own policies and procedures for publication and disclosure of the results of human clinical trials consistently applied. All abstracts, manuscripts and presentations (including information to be presented verbally) that disclose results of Clinical Trials for a Licensed Product in the applicable Field in the Territory shall be reviewed and approved by Dong-A consistent with any Publication Policies of Dong-A. In addition to and not in lieu or limitation of the foregoing, NeuroBo shall provide to Dong-A (through the JDC) the opportunity to review each of NeuroBo’s proposed for disclosure by either Party: abstracts, manuscripts or presentations (aincluding information to be presented verbally) With respect in the Territory that relate to any paper Development activities or presentation proposed for disclosure by Genentech which includes information relating otherwise with respect to the Licensed PROTACs or Licensed ProductsProducts for use in the applicable Field in the Territory, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] days prior to its intended presentation or submission for publication, and NeuroBo agrees, upon written request from Dong-A given within such [**] day period, not to submit such abstract or manuscript for publication or to make such presentation until Dong-A is given up to [**] days from the date of such written request to seek appropriate patent protection for any material in such publication or presentation that it reasonably believes may be patentable. Once an abstract, manuscript or presentation has been reviewed and approved by D▇▇▇-▇, the exact same abstract, manuscript or presentation does not have to be provided again to Dong-A for review for a later submission for publication; provided that once the abstract or manuscript is accepted for publication or the date presentation is finalized, NeuroBo shall provide Dong-A with a copy of the final version of such abstract, manuscript or presentation, whichever is earlier, of . Dong-A also shall have the right to require that any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond its Confidential Information (but not the results of the Clinical Studies for a Licensed Product in the applicable Field in the Territory that have been approved for disclosure pursuant to the Publishing Party as soon as reasonably possible, but Publication Policies) that is disclosed in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of be deleted prior to such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed presentation. In any permitted publication or presentation for patent or business reasons. Once a publication has been approved by the NonNeuroBo, Dong-Publishing PartyA’s contribution shall be duly recognized, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Nonand co-Publishing Party; provided, such content is not presented authorship shall be determined in accordance with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechcustomary standards.

Appears in 1 contract

Sources: License Agreement (NeuroBo Pharmaceuticals, Inc.)

Publications. Notwithstanding Sections 10.1 18.1 Without prejudice to 10.4Articles 18.2 and 18.3 of this Agreement, both Parties recognize that any publication related to the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding Project determined by the Licensed PROTACs or Licensed Products may PEB to be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls its prior agreement shall be submitted to protect Confidential Informationthe Co-ordinator in view of its review by the PEB. 18.2 A Party's publication of Foreground generated by another Party or of any Background of such other Party, even if such Background or Foreground is amalgamated with such Party’s Foreground, shall be subject to the other Party’s prior written approval not to be unreasonably withheld. If the other Party opposes the publication, it shall indicate its reasons for doing and request modifications or specific modalities of publication taking into account possible protection of intellectual property rights. In case of disagreement between the Parties concerned regarding a publication, the patentability of inventions and other commercial considerationscase shall be submitted to the PEB for arbitration, which shall take a decision within thirty (30) days. 18.3 The foregoing provisions shall also apply to publications for a degree. AccordinglyIn this case, approval shall be sought at least ninety (90) calendar days before the latest date on which, pursuant to the qualification procedures, the following contents of the planned publication can be altered. The Parties concerned shall apply with respect take all necessary measures to papers ensure the timely submission, examination, and presentations proposed defence of publication for disclosure by either Partya degree. Nothing in this Agreement shall prevent: (a) With respect a publication to any paper qualify for a degree if such publication includes only incidental or presentation proposed for disclosure by Genentech which includes information relating minor elements of Background or Foreground of another Party, provided always that the intention to publish has been prom ptly notified in writing to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; andParty concerned, (b) With respect submission of a publication for a degree for assessement and examination by examiners in accordance with applicable laws and with the required confidentiality obligations to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information ensure in particular that the protection of Arvinas, or (ii) Arvinas which includes information relating Foreground is not compromised. 18.4 All publications related to the Licensed PROTACs Project shall include the following statement "the research results of this Project are co-funded by the European Commission under the FP7 Collaborative Projects Grant Agreement Nr. 261611”. Furthermore such publications shall include directly or Licensed Products directed to Exclusive Targets via an electronic link the following disclaimer “this document contains material, which is the copyright of certain EMI beneficiaries, and may not be reproduced or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”)copied without permission. The Publishing Party shall submit to information herein does only reflect the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials views of its authors and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentech.not

Appears in 1 contract

Sources: Consortium Agreement

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply Except with respect to papers any Clinical Trials or other studies set forth in the Development Plan (including the MARIO Study) and presentations proposed for disclosure by either Party: (a) With respect to any paper activity under any commitment or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”agreement set forth on Schedule ‎9.2(x), the other Party Scynexis shall have the right to make publications regarding any Exploitation of any Compound or any Products conducted by or on behalf of Scynexis (or its Affiliates, licensees or sublicensees, as applicable), including publications with respect to any investigator sponsored studies conducted by any Third Party that have been authorized by ▇▇▇▇▇▇▇▇ or any of its Affiliates, in each case, subject to prior review and approve any such proposed paper or presentation by GSK; provided that (the “Non-Publishing Party”). The Publishing Party a) Scynexis shall submit such publication to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) GSK at least [***] prior to ([***]) in advance of the date of intended submission for publication or presentation of such publication for GSK’s review; (b) to the date of presentation, whichever is earlier, extent GSK notifies Scynexis of any specific, reasonable objections to such publication, based on concern regarding the specific disclosure of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing PartyGSK (or any of its Affiliates or Sublicensees), as applicable, Scynexis will delete any such Confidential Information and, acting reasonably and in good faith, consider any other such objections, including whether it is necessary or advisable to delete any other information from such proposed publication; and (bc) upon GSK’s reasonable request, Scynexis shall delay the date of any such submission for publication or the date of such presentation for a period of time sufficiently long up to [***] (but in no event longer than [***]) as needed to permit prepare and file any such patent applications to preserve the Non-Publishing Party patentability of any Confidential Information of GSK (or any of its Affiliates or Sublicensees). Once any such publication is accepted for publication, Scynexis shall provide GSK with a copy of the final version of such publication. Subject to seek appropriate patent protectionSection ‎14.7, notwithstanding anything to the contrary in this Agreement, for the avoidance of doubt, GSK shall have the right to make any publications regarding any Exploitation of any Compound or any Product conducted by or on behalf of GSK (cor its Affiliates, licensees or Sublicensees, as applicable) as requested by Genentech as the Non-Publishing Partyit chooses, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Partyin its sole discretion, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with including any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information publications relating to any Licensed PROTACs Clinical Trials or Licensed Products that contain a Genentech Compound without other studies set forth in the Development Plan (including the MARIO Study), subject to the prior written consent review by ▇▇▇▇▇▇▇▇; provided that the rights of GenentechGSK and the obligations of Scynexis, in each case, in clauses ‎(a), ‎(b) and ‎(c) shall apply mutatis mutandis, respectively, to Scynexis for such rights and to GSK for such obligations with respect to any proposed publication by GSK regarding the Exploitation of any Compound or any Product.

Appears in 1 contract

Sources: Exclusive License Agreement (Scynexis Inc)

Publications. Notwithstanding Sections 10.1 to 10.49.01 SPONSOR recognizes that under UNIVERSITY policy, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding UNIVERSITY's work under the Licensed PROTACs or Licensed Products may PROJECT must be beneficial publishable. UNIVERSITY agrees to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of SPONSOR any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent prior review. SPONSOR will, within thirty (30) days after receipt, advise if there is any proprietary or business reasonspatentable information which should not be disclosed at the present time. Once UNIVERSITY shall take under due consideration any written exceptions of SPONSOR prior to releasing any such proposed publication or presentation. Publication of SPONSOR results under the PROJECT is at the discretion of SPONSOR. If the PROJECT results in findings that correlate genotyping data with RNA expression data at a publication has been approved by level of significance that the Non-Publishing Partyparties agree is a publishable discovery, the Publishing Party may make subsequent public disclosure of parties agree that manuscripts prepared for publication on such findings shall include representatives from both parties as authors, with the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with primary author being UNIVERSITY's PRINCIPAL INVESTIGATOR. 9.02 Should SPONSOR desire to have information withheld or redacted from any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for proposed publication or presentation in order to file for protection of intellectual property rights. UNIVERSITY agrees to grant a period not to exceed six (6) months from the date of the request from SPONSOR not to publish to permit such filings, and further agrees to redact any paper CONFIDENTIAL INFORMATION (as defined below) as may be requested by SPONSOR. 9.03 UNIVERSITY acknowledges that it may be necessary for SPONSOR to disclose information which SPONSOR considers proprietary or presentation that includes confidential in order to perform the PROJECT. If SPONSOR considers any such information relating confidential, it shall be clearly marked "CONFIDENTIAL INFORMATION" and sent by SPONSOR in writing only to the principal investigator or orally disclosed to the principal investigator and reduced to writing by SPONSOR, clearly marked "CONFIDENTIAL INFORMATION," and delivered to the principal investigation within thirty (30) days of disclosure. SPONSOR's Confidential Information shall include any Licensed PROTACs and all RNA expression data derived or Licensed Products that contain a Genentech Compound identified by SPONSOR during the performance of this Project, whether or not marked as 'CONFIDENTIAL INFORMATION'. UNIVERSITY shall not disclose or cause to be disclosed any such Confidential Information revealed to it by SPONSOR without the prior written consent approval of GenentechSPONSOR; provided, however, that the foregoing obligation of nondisclosure shall not apply to any portion of the Confidential Information which: a. is in the public domain at the time of disclosure. b. becomes part of the public domain after disclosure through no fault of UNIVERSITY. c. is in the possession of the UNIVERSITY at the time of disclosure by SPONSOR or is disclosed to the UNIVERSITY after time of disclosure by SPONSOR and not through any fault of UNIVERSITY.

Appears in 1 contract

Sources: Collaborative Research Agreement (Diadexus Inc)

Publications. Notwithstanding Sections 10.1 LICENSOR agrees not to 10.4publish, both Parties recognize that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish present or otherwise disclose any Confidential Proprietary Information of ArvinasLICENSEE. LICENSEE shall be furnished copies of any proposed disclosure, except as may be expressly permitted under this Agreement; and publication or presentation (bincluding any modifications thereof which LICENSEE has not yet reviewed) With respect containing or referring to any paper LICENSED TECHNOLOGY or LICENSED PATENT RIGHTS at least [* * *] before submission of such proposed disclosure, publication or presentation. With regard specifically to modification(s) to a disclosure, publication or presentation proposed for disclosure by (i) Genentech which includes Confidential that LICENSEE has already reviewed prior to such modification(s), LICENSOR agrees that any Proprietary Information of ArvinasLICENSEE which has been identified in writing by LICENSEE shall be deleted from the disclosure, publication or (ii) Arvinas which includes information relating presentation and LICENSOR shall send LICENSEE a statement verifying that this has been done along with a final copy including the revision. In no event shall LICENSEE’s review of any modification to a disclosure, publication or presentation exceed the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”original [* * *] review period unless LICENSEE requests delay for patent protection. During its review period(s), the other Party LICENSEE shall have the right to review the material for Proprietary Information of LICENSEE and approve to assess the patentability of any such proposed paper or presentation (invention described in the “Non-Publishing Party”)material. The Publishing Party shall submit to If LICENSEE decides that a patent application should be filed, the Non-Publishing Party the proposed disclosure, publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least shall be delayed an additional [** * *] prior to the date or a shorter period of submission for publication or the date of presentationtime if LICENSEE consents in writing, whichever is earliersooner. At LICENSEE’s written request, Proprietary Information of LICENSEE shall be deleted. For the avoidance of doubt, proposed disclosures from LICENSOR to VCU shall be deemed and treated as proposed disclosures for the purposes hereof. Although LICENSEE shall have the option not to include its name on any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possiblepublication or presentation, but in at LICENSEE’s request, any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Partydisclosure, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested made by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information LICENSOR and relating to any Licensed PROTACs LICENSED TECHNOLOGY or Licensed Products that contain a Genentech Compound without the prior written consent of GenentechLICENSED PATENT RIGHTS shall acknowledge LICENSEE’s contribution thereto in accordance with customary scientific practice.

Appears in 1 contract

Sources: Exclusive License Agreement (Durect Corp)

Publications. Notwithstanding Sections 10.1 to 10.4CytoDyn, both Parties recognize that the publication or disclosure of papersin its sole discretion, presentations, abstracts or any other written or oral presentations regarding may publish results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply all non-clinical studies conducted with respect to papers any Licensed Product and presentations proposed for disclosure by either Party: (a) With in its reasonable discretion may publish Clinical Trials conducted with respect to any paper or presentation proposed Licensed Product; provided that the results of CytoDyn’s Phase III Clinical Trial with respect to the Licensed Product in the Initial Indication meets all legal and industry standards for disclosure by Genentech which includes information publication, CytoDyn shall publish such results on the ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ website and CytoDyn shall provide Vyera with notification of any such publications. Should Vyera propose to make any publication relating to the Licensed PROTACs or Licensed ProductsProduct, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party CytoDyn shall have the right to review and approve any all proposed publications prior to submission of such publication. Vyera shall provide CytoDyn with a copy of the applicable proposed paper abstract, manuscript, or presentation no less than thirty (30) days (fifteen (15) days in the “Non-Publishing Party”)case of abstracts) prior to its intended submission for publication. The Publishing Party CytoDyn shall submit to respond in writing promptly and in no event later than thirty (30) days (fifteen (15) days in the Non-Publishing Party case of abstracts) after receipt of the proposed material with any concerns regarding patentability or protection of any Confidential Information or other comments that it may have. In the event of concern over patent protection of any intellectual property right, Vyera agrees not to submit such publication or to make such presentation that contains such information until CytoDyn is given a reasonable period of time, and in no event more than sixty (60) days, to seek patent protection in accordance with the terms of this Agreement, for any material in such publication or presentation (includingwhich it believes is patentable. Subject to Section 10.3, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Partyshall, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as if requested by Genentech as the Non-Publishing PartyCytoDyn, modify such proposed publication or presentation for patent or business reasonsbe removed by Vyera. Once a publication has been approved Vyera will reasonably consider other comments made by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of GenentechCytoDyn.

Appears in 1 contract

Sources: Commercialization and License Agreement (CytoDyn Inc.)

Publications. Notwithstanding Sections 10.1 A. A "publication" shall be deemed to 10.4mean any written, both Parties recognize that the publication oral or other public disclosure of papersresearch results, presentationsincluding the public use or sale of an invention based on the research results, abstracts if that event could bar the availability of protection in foreign jurisdictions or trigger the one-year grace period in the U.S. within which a U.S. patent application must be filed, and “publish” shall have a corresponding meaning. B. UNIVERSITY shall provide each MEMBER a confidential copy of any other written presentation or oral presentations regarding manuscript containing results of and other information regarding CONSORTIUM RESEARCH that it intends to disclose or publish (whether by teaching or otherwise) at least four (4) weeks prior to the Licensed PROTACs time of presentation or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect submission to any paper journal or other publication, including conference abstract collections. If within such period MEMBER requests redaction of any references to or data regarding MEMBER’S proprietary information or other MEMBER confidential information within such presentation proposed for disclosure by Genentech which includes or manuscript, UNIVERSITY shall redact such references, data and confidential information relating prior to presentation or submission. Subject to the Licensed PROTACs or Licensed Productsforegoing and Section 3, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech UNIVERSITY shall be free to make, use the results of CONSORTIUM RESEARCH for its own teaching and educational purposes without payment of royalties or other fees provided that it does nothing which could bar the availability of patent protection in respect of a MEMBER’S invention or joint invention. UNIVERSITY is free to publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or own discretion the results thereofof CONSORTIUM RESEARCH except those that would constitute an enabling disclosure of a MEMBER’S invention on which a patent application has not been filed. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each caseIn such cases, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party UNIVERSITY may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound publish without the prior written consent of Genentechthe MEMBER concerned after having reviewed the full text proposed to be published. UNIVERSITY shall provide each MEMBER a confidential copy of any manuscript generated as a result of CONSORTIUM RESEARCH at the time of submission to any journal or other publication, including conference abstract collections. C. Under no circumstances will publication of a student's thesis, for which funds are derived from the CONSORTIUM, be delayed for longer than ninety (90) days after conferral of his or her degree; however, to the extent such thesis contains references to or data regarding MEMBER’S proprietary information or other MEMBER confidential information, UNIVERSITY shall provide MEMBER with a confidential copy of such thesis and MEMBER may request to (and UNIVERSITY shall) redact such references, data and confidential information prior to publication.

Appears in 1 contract

Sources: Membership Agreement

Publications. Notwithstanding Sections 10.1 The UNIVERSITY shall have publication privileges in reference to 10.4the subject study. In this regard, both Parties recognize that UNIVERSITY shall furnish COMPANY with a copy of any proposed publication at least thirty (30) days in advance of the proposed submission date. Within this thirty day period, COMPANY shall review said proposed publication or for technical content, including patentable inventions, and for the disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other proprietary information regarding which COMPANY may have furnished to facilitate the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted study under this Agreement; and (b) With respect to any paper or presentation , and COMPANY shall inform UNIVERSITY in writing of the location and content of specific proprietary information contained in the proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinaspublication. Upon receiving the appropriate written notification from COMPANY, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party UNIVERSITY shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party edit the proposed publication to remove COMPANY's proprietary information before submission, and further, shall delete disclosure of potentially patentable inventions, or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of delay submission for publication or ninety (90) days until the date of presentation, whichever is earlier, of any of such submitted materialsappropriate patent application can be filed. The Non-Publishing Party shall review such submitted materials and In the event COMPANY does not respond to the Publishing Party as soon as reasonably possiblesubmission within such time, but approval will be deemed to have been given. The COMPANY shall also have publication privileges in reference to the subject study. In this regard, COMPANY shall furnish UNIVERSITY with a copy of any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information at least thirty (30) days in advance of the Non-Publishing Partyproposed submission date. Within this thirty day period, (b) UNIVERSITY shall review said proposed publication for technical content, including patentable inventions, and for the disclosure of any proprietary information which UNIVERSITY may have furnished to facilitate the subject study under this Agreement. UNIVERSITY shall inform COMPANY in writing of the location and content of specific proprietary information contained in the proposed publication. Upon receiving the appropriate written notification from UNIVERSITY, COMPANY shall edit the proposed publication to remove UNIVERSITY's proprietary information before submission, and further, shall delete disclosure of potentially patentable inventions, or delay the date of such submission for publication or ninety (90) days until the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protectionapplication can be filed. In the event UNIVERSITY does not respond to the submission within such time, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has approval will be deemed to have been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechgiven.

Appears in 1 contract

Sources: Clinical Research Study Agreement (Spectrx Inc)

Publications. Notwithstanding Sections 10.1 to 10.4Neither PARTY shall publish or present the results of any research, both Parties recognize that the publication or disclosure of papers, presentations, abstracts development or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound PRODUCT without securing the prior written consent approval of Genentechthe DEVELOPMENT COMMITTEE, including but not limited to, data presented with respect to any PRODUCT at key medical meetings, releases developed by either PARTY in conjunction with key medical institutions, and other releases used in support of brand positioning and educational campaigns related to any PRODUCT. The PARTY desiring to publish any abstract, manuscript or presentation with respect to any PRODUCT shall submit such document for review to the DEVELOPMENT COMMITTEE sufficiently in advance of the proposed date of submission of the publication so that, where reasonable under the circumstances, such DEVELOPMENT COMMITTEE has at least forty-five (45) days to review the proposed publication. The DEVELOPMENT COMMITTEE will use its best efforts to expedite the review of any publications that are time sensitive. Either PARTY shall be entitled to use the data provided by the other hereunder for the purposes of creating marketing and promotional material for use by ▇▇▇▇▇▇ in the TERRITORY and by MEDIMMUNE outside of the TERRITORY; provided, however, that, any such material shall be submitted to the DEVELOPMENT COMMITTEE for review and approval prior to its use or publication. Notwithstanding anything in this Section 6.10 to the contrary, neither PARTY shall be required to seek the approval of the other PARTY for the publication of the results of research, development or any other information relating to any PRODUCTS that has been submitted to any THIRD PARTY for publication on or prior to the EFFECTIVE DATE; provided, however, that ▇▇▇▇▇▇ shall provide MEDIMMUNE with copies of all such publications (or pending publications) within forty-five (45) days after the EFFECTIVE DATE. Both PARTIES shall maintain the confidentiality of the results and data provided to the other PARTY hereunder in accordance with Section 8.5.

Appears in 1 contract

Sources: Distribution Agreement (Medimmune Inc /De)

Publications. Notwithstanding Sections 10.1 The Parties acknowledge that scientific publications and presentations must be strictly monitored to 10.4, both Parties recognize that the prevent any adverse effect from premature publication or disclosure dissemination of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerationsactivities hereunder. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech Each Party (in each case, such capacity the “Publishing Party”) agrees that, except as required by Applicable Laws, it shall not publish or present, or permit to be published or presented, any results of the Development, Manufacture, use or Commercialization of a Licensed Product to the extent such results refer to, derive from or otherwise relate to the Licensed Intellectual Property (the “Covered Results”), without the prior review by and approval of the other Party shall have the right to review and approve any (in such proposed paper or presentation (capacity, the “Non-Publishing Disclosing Party”), which approval shall not be unreasonably withheld; provided that it shall not be deemed unreasonable for ImmunoGen to withhold its consent to any request by CytomX to publish or disseminate Covered Results prior to the publication or dissemination of such Covered Results by ImmunoGen. The Publishing Party shall submit to the Non-Publishing Disclosing Party for review and approval any proposed academic, scientific and medical publication or public presentation which contains Covered Results or otherwise contains the Non-Disclosing Party’s Confidential Information; provided that the foregoing requirement shall apply to ImmunoGen only to the extent any such proposed publication or presentation would refer to, describe or otherwise disclose Confidential Information of CytomX (including, without limitation, postersany non-public Licensed Intellectual Property). In addition, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior each Party shall submit to the date of submission other Party for review and approval any proposed publication or public presentation relating to data generated under the date Research Program. In both instances, such review and approval will be conducted for the purposes of presentation, whichever is earlier, preserving the value of the Licensed Intellectual Property and determining whether any portion of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by proposed publication or presentation containing the Non-Publishing Disclosing Party, the Publishing Party shall (a) delete from ’s Confidential Information should be modified or deleted. Written copies of such proposed publication or presentation required to be submitted hereunder shall be submitted to the Non-Disclosing Party no later than thirty (30) days before submission for publication or presentation (the “Review Period”). The Non-Disclosing Party shall provide its comments with respect to such publications and presentations within fifteen (15) days after its receipt of such written copy, and the Publishing Party shall delete any Confidential Information of the Non-Publishing Party, Disclosing Party upon request. The Review Period may be extended for an additional sixty (b60) delay days in the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Disclosing Party to seek appropriate patent protectioncan, or within fifteen (c15) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure days of receipt of the contents written copy, demonstrate reasonable need for such extension, including for the preparation and filing of such patent applications. The Parties will each comply with standard academic practice regarding authorship of scientific publications and recognition of contribution of other parties in any publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechgoverned by this Section 6.3.2.

Appears in 1 contract

Sources: Research Collaboration Agreement (CytomX Therapeutics, Inc.)

Publications. Notwithstanding Sections 10.1 ​ 15.1 So as not to 10.4jeopardise any Programme Patent filing or exploitation activity being undertaken, both Parties recognize PTC shall (and shall procure that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use member of the Licensed PROTACs PTC Group or Licensed Products or Licencee shall) provide the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose Trust with copies of any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (includingwhich relates to a Programme Invention or Programme Intellectual Property in advance of the submission of such proposed publication or presentation to a journal, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) editor or publication. The Trust shall have at least [**] prior to Business Days from and including the date of submission for publication or the date of presentation, whichever is earlier, receipt from PTC of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation to object to the same because there is patentable subject matter relating to the Programme Invention that needs protection or because such publication would materially jeopardise any Confidential Information Exploitation activity. The Trust will not seek to withhold consent where such publication or presentation will not prejudice the protection or Exploitation of the Non-Publishing Party, (b) delay Programme Intellectual Property and/or the date of Products. 15.2 In the event that the Trust objects to any such submission for publication or presentation on the date basis that it would disclose patentable information, PTC shall refrain (and shall procure that members of the PTC Group, any licensees, the Principal Investigator and the Staff also refrain), from making such publication or presentation for a period of time sufficiently long [**] days from date of receipt of such objection in order for PTC to file the relevant patent application(s) with respect to the patentable subject matter contained in the proposed publication or ​ ​ ​ presentation. Following the expiry of such [**] day period or, if earlier, publication of any patent filed by PTC, PTC shall have the right to publish and reproduce any such publication freely with due acknowledgement of the source. 15.3 A copy of the final manuscript of all research publications that relate to the Programme must be made available from PubMed Central (but or UK PubMed Central) as soon as possible and in any event no event longer later than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentech] months after publication.

Appears in 1 contract

Sources: Agreement for the Provision of Funding (PTC Therapeutics, Inc.)

Publications. Notwithstanding Sections 10.1 to 10.4, both Parties recognize 7.1 Sponsor acknowledges that Emory is an academic institution and that the publication or disclosure of papers, presentations, abstracts or any other written or oral presentations regarding results of Principal Investigator and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Parties, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech his collaborators shall be free to makepublish the Project Data (as defined below) without restraint provided that such publication does not contain Confidential Information that is owned by Sponsor. The Principal Investigator and Emory’s personnel performing the Research Project shall be authorized to present at national or regional symposia and professional meetings and to publish in journals, publish theses or dissertations, or otherwise of their own choosing, data, methods and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use results of the Licensed PROTACs or Licensed Products or Research Project. Notwithstanding the results thereof. For clarityforegoing, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each case, the “Publishing Party”), the other Party Sponsor shall have the right to review each publication and approve any presentation (including, but not limited to, full papers, abstracts, poster presentations and oral presentations) of results of the Research Project prior to its submission to anyone not affiliated with Sponsor or Emory. A copy of each proposed publication and presentation shall be submitted to Sponsor for review at least forty-five (45) business days (or fifteen (15) business days in the case of abstracts and full papers, posters presentations and oral presentations not exceeding two (2) double spaced pages in length) prior to such submission. Sponsor agrees to hold all such proposed paper or presentation (the “Non-Publishing Party”)publications and presentations in confidence. The Publishing Party shall submit to the Non-Publishing Party If Sponsor determines that the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any contains Confidential Information of Sponsor or patentable subject matter which requires protection, Sponsor may require the Non-Publishing Party, (b) removal of its Confidential Information and/or the delay of the date of such submission for publication or the date of such presentation for a period of time sufficiently long not to exceed ninety (but in no event longer than [**]90) to permit days from the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as date of receiving the Non-Publishing Party, modify such proposed publication or presentation from Emory or Principal Investigator for the purpose of allowing the pursuit of such protection, such as the filing of a patent or business reasonsapplication claiming an invention. Once a publication has been approved by If Sponsor does not provide such written response to Emory and/or Principal Investigator before the Non-Publishing Party, the Publishing Party may make subsequent public disclosure expiration of the contents forty-five (45) day period (or fifteen (15) business days in the case of such publication without abstracts and full papers, posters presentations and oral presentations not exceeding two (2) double spaced pages in length), Emory and the further approval Principal Investigator shall be free to publish or present the results of the Non-Publishing Party; providedResearch without restriction hereunder. If requested by Sponsor, such content is not presented with Emory and Principal Investigator agree to include an acknowledgement of Sponsor’s financial and technical support of the Research Project in any new data or information or conclusions and/or in a form or manner that materially alters publication of the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of GenentechProject Data.

Appears in 1 contract

Sources: Sponsored Research Agreement (International Stem Cell CORP)

Publications. Notwithstanding Sections 10.1 Aurinia shall prepare, and present to 10.4the Local JCCs for joint review and discussion in accordance with Section 3.4, both a global publication strategy pursuant to which the Parties recognize that may publish Data or other key results achieved in connection with Development of the Compound and Products, with the goal of protecting the Parties’ ability to obtain Patents with respect to such activities, as applicable, and to position the Products for Regulatory Approval and successful Commercialization in the Parties’ respective Territories. Aurinia may update the global publication strategy from time to time and will submit updates and amendments to the global publication strategy to the Local JCCs for joint review and discussion in accordance with Section 3.4. The Parties may publish such Data and other key results consistent with such global publication strategy in accordance with the terms of this Section 13.4. If either Party or its Representatives wishes to publish or present to any Third Party research results, Data, or other clinical information or key results, in each case related to the Compound or the Products, then such Party will deliver to the other Party a copy of the proposed written publication or an outline of an oral presentation as soon as practicable prior to submission for publication or presentation. The reviewing Party will have the right to (i) propose modifications to the publication or disclosure of paperspresentation for Patent reasons, presentationstrade secret reasons, abstracts confidentiality reasons, or any other written or oral presentations regarding results of and other information regarding the Licensed PROTACs or Licensed Products may be beneficial to both Partiesbusiness reasons, provided that such publications or presentations are subject to reasonable controls to protect Confidential Information, the patentability of inventions and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information including reasons relating to the Licensed PROTACs pricing or Licensed Productsreimbursement of a Product, so long as such paper or presentation does not contain any and the publishing Party shall remove all Confidential Information of Arvinas, Genentech shall be free to make, publish and disclose such papers and presentations at its discretion. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of the Licensed PROTACs or Licensed Products or reviewing Party if requested by the results thereof. For clarity, Genentech shall not be permitted to publish or otherwise disclose any Confidential Information of Arvinas, except as may be expressly permitted under this Agreement; and (b) With respect to any paper or presentation proposed for disclosure by (i) Genentech which includes Confidential Information of Arvinasreviewing Party, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (request a reasonable delay in each case, the “Publishing Party”), the other Party shall have the right to review and approve any such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (includingin order to protect patentable information. If the reviewing Party requests a delay to protect patentable information, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to then the date of publishing Party will delay submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period not to exceed ninety (90) days to enable Patent applications protecting each Party’s rights in such information to be filed in accordance with the terms of time sufficiently long (but in no event longer than [**]) this Agreement. If the reviewing Party reasonably requests modifications to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent to prevent disclosure of trade secret or proprietary business reasonsinformation, then the publishing Party will edit such publication to prevent the disclosure of such information prior to submission of the publication or presentation. Once a publication has been approved by For as long as the Non-Publishing PartyJCC remains in place, the Publishing Party may make subsequent public disclosure of JCC shall be responsible for overseeing and facilitating the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented Parties’ communications and activities with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter thereinrespect to publications and presentations under this Section 13.4. Notwithstanding the foregoing, Arvinas except as required by Applicable Law or a Securities Authority, Otsuka shall not submit for publish, consent to the publication, or disseminate any publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech regarding the Development of the Compound and Products, including publication of data and key results, without the prior written consent of GenentechAurinia, which consent shall not be unreasonably withheld.

Appears in 1 contract

Sources: Collaboration and License Agreement (Aurinia Pharmaceuticals Inc.)

Publications. Notwithstanding Sections 10.1 Actinium acknowledges that it is Site's policy that the results of the Study must be publishable and the Investigator and others employed by Site or who are engaged in the Study be permitted to 10.4present at symposia, both Parties national or regional professional meetings and to publish in journals, theses or dissertations or otherwise in their sole discretion, the methods and results of the Study. The parties recognize that the because this is a multi-center Study, there is a need for a coordinated approach to any publication or public disclosure of papers, presentations, abstracts the data or any other written or oral presentations regarding results of and other information regarding this Study. To that end, there will be no publication or public disclosure of such data or results by the Licensed PROTACs Site or Licensed Products may Investigator until a multi-center publication is submitted for publication or presentation by Actinium, or its designee. However, if no multi-site publication is submitted by Actinium or its designee within twelve (12) months of the completion, abandonment or termination of the Study from all sites or after Actinium confirms there will be beneficial to both Partiesno multi-center Study publication, provided that such publications or presentations are subject to reasonable controls to protect Confidential Informationwhichever occurs first, the patentability of inventions Site and other commercial considerations. Accordingly, the following shall apply with respect to papers and presentations proposed for disclosure by either Party: (a) With respect to any paper or presentation proposed for disclosure by Genentech which includes information relating to the Licensed PROTACs or Licensed Products, so long as such paper or presentation does not contain any Confidential Information of Arvinas, Genentech Investigator shall be free to make, publish and disclose such papers and presentations at its discretionfor non-commercial purposes the Study results from their Site as follows. Genentech shall acknowledge Arvinas, as appropriate, in any publication that discloses Genentech’s use of If the Licensed PROTACs or Licensed Products Site or the results thereof. For clarity, Genentech shall not be permitted Investigator wishes to publish or otherwise publicly disclose Study data and results the Site will submit any proposed manuscript or publication to Actinium for review and comment at least thirty (30) days prior to its submission for publication or other disclosure. The Site will review and consider in good faith comments received from Actinium during such thirty (30) day period. If requested to do so by Actinium, Site agrees to remove Confidential Information provided by Actinium prior to submitting the manuscript or publication, excluding Study data and results. Actinium will make every reasonable attempt to notify the Site within said thirty (30) days of Arvinasreceipt of the proposed publication whether it is desirable to file a patent application on any inventions contained in the proposed publication. In the event Actinium decides to pursue patent protection, except as may be expressly permitted under this Agreement; and Actinium shall request that the Site defer publication for an additional sixty (b60) With respect days to permit the filing of any paper or presentation proposed desired patent application and Site shall honor such request. As part of the Site's compliance with guidelines to facilitate publication of reports resulting from the Study (for disclosure by (i) Genentech which includes Confidential Information of Arvinas, or (ii) Arvinas which includes information relating to the Licensed PROTACs or Licensed Products directed to Exclusive Targets or otherwise includes Confidential Information of Genentech (in each caseexample, the “Publishing Party”International Committee of Medical Journal Editors or World Health Organization guidelines), the other Party Site shall have the right to review register the Study, if Actinium does not so register, and approve any make publicly available the information registered about the Study, and such proposed paper or presentation (the “Non-Publishing Party”). The Publishing Party shall submit to the Non-Publishing Party the proposed publication or presentation (including, without limitation, posters, slides, abstracts, manuscripts, marketing materials and written descriptions of oral presentations) at least [**] prior to the date of submission for publication or the date of presentation, whichever is earlier, of any of such submitted materials. The Non-Publishing Party shall review such submitted materials and respond to the Publishing Party as soon as reasonably possible, but in any case within [**] for abstracts) of receipt thereof. As requested by the Non-Publishing Party, the Publishing Party shall (a) delete from such proposed publication or presentation any Confidential Information of the Non-Publishing Party, (b) delay the date of such submission for publication or the date of such presentation for a period of time sufficiently long (but in no event longer than [**]) to permit the Non-Publishing Party to seek appropriate patent protection, or (c) as requested by Genentech as the Non-Publishing Party, modify such proposed publication or presentation for patent or business reasons. Once a publication has been approved by the Non-Publishing Party, the Publishing Party may make subsequent public disclosure of the contents of such publication without the further approval of the Non-Publishing Party; provided, such content is not presented with any new data or information or conclusions and/or in a form or manner that materially alters the subject matter therein. Notwithstanding the foregoing, Arvinas shall not submit for publication or presentation any paper or presentation that includes information relating to any Licensed PROTACs or Licensed Products that contain a Genentech Compound without the prior written consent of Genentechbe deemed Confidential Information.

Appears in 1 contract

Sources: Clinical Trial Agreement (Cactus Ventures, Inc.)