Specific Patents Clause Samples

Specific Patents. For any Patent within the Bluebird Licensed IP [***] (each “Specific Patent”), the following will apply: upon Celgene’s written request, and provided that Bluebird reasonably agrees with Celgene that the following Prosecution and Maintenance activities would not materially harm any other Patent within the Bluebird Licensed IP or other Patents owned by Bluebird or its Affiliates (other than Collaboration IP), Celgene will control the Prosecution and Maintenance of the Specific Patents, and notwithstanding anything in CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Section 13.1 to the contrary, Celgene will be solely responsible for the payment of all related Patent Costs. In addition, Celgene will provide Bluebird and its counsel with an opportunity to consult with Celgene and its counsel regarding Prosecution and Maintenance of any such Specific Patents, and Celgene will include or reflect all reasonable comments timely made by Bluebird and its counsel. Celgene acknowledges and agrees that Bluebird may grant similar rights to other exclusive Third Party licensees under any Patent within the Bluebird Licensed IP that has claims Covering only a product that is not a Licensed Product (or its manufacture or use) and no other product (or its manufacture or use), other than Specific Patents. If the Parties cannot agree whether or not any Patent within the Bluebird Licensed IP is a Specific Patent, or if Bluebird claims that the foregoing Prosecution and Maintenance activities would materially harm any other Patent within the Bluebird Licensed IP or other Patents owned by Bluebird or any of its Affiliates, either of the Parties may refer such dispute to a mutually agreeable, disinterested, conflict-of-interest-free individual not affiliated or consulting with either Party and who has at least fifteen (15) years of patent prosecution experience in the pharmaceutical field. Any such arbitration will be conducted under the then-current rules of the American Arbitration Association, and the decision of the arbitrator will be final.

Specific Patents. For any Subject Patent having a specification that could reasonably support and enable a composition-of-matter claim or a method-of-use claim in each case Covering only the Lead Candidate or a particular Licensed Product, the following will apply: to the extent practicable, upon Clovis’s reasonable written request and provided that ▇▇▇▇▇ reasonably agrees with Clovis that the following Prosecution and Maintenance activities would not materially harm any other ▇▇▇▇▇ Patents or other Patents owned by ▇▇▇▇▇ or any of its Affiliates, the Parties will file a U.S. continuation, continuation-in-part or divisional of such Subject Patent application seeking issuance of such composition-of-matter or method-of-use claim scope (and no other claim scope) (each such Subject Patent, a “Specific Patent”). Each such Specific Patent will remain a “Subject Patent” hereunder, so that this Agreement will continue to apply thereto, provided that the Parties will jointly control the Prosecution and Maintenance thereof using patent counsel selected by ▇▇▇▇▇, and Clovis will be solely responsible for the payment of all related Patent Costs. Neither Party may take any action with respect to the Prosecution or Maintenance of any Specific Patent without the consent of the other Party, such consent not to be unreasonably withheld or delayed. If and at such time as Clovis no longer has an exclusive license to all of the claim scope of any such Specific Patent, then any such Specific Patent will no longer be treated as such hereunder (although it may remain a Subject Patent). Clovis acknowledges and agrees that ▇▇▇▇▇ may ▇▇▇▇▇ substantially similar rights to other exclusive Third Party licensees under any Subject Patents.

Specific Patents. In addition, Alnylam shall promptly notify Roche in writing of any interference, opposition or any other pre- or post-grant proceeding or challenge for any Alnylam Core Patent included in Alnylam Collaboration Patents and any Alnylam Product-Specific Patent.

Specific Patents. Licenses --------------------------- (a) Regarding the following patents, patent applications, and all patent applications based on any of the following disclosures, if any, all parents (to the extent Bellcore is an owner or co-owner of such parent application), divisions, continuations and continuations-in-part of such patent applications (and patent applications pursuant to which such patents were granted), all patents issuing on any of the foregoing applications, all re-issues of any of the foregoing patents and all foreign counterparts to any of the foregoing patent applications and patents (hereinafter, the "