Third Party Initiated Proceedings. Each Party shall, within [***] days of learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, derivation proceeding, opposition, reexamination requested by a Third Party, inter partes review, post-grant review or similar contested administrative proceeding involving a Third Party relating to a Collaboration Patent Right or a Cue Background Patent Right. Cue and LGC shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding.
Third Party Initiated Proceedings. Each Party shall, within [***] days of learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, derivation proceeding, opposition, reexamination requested by a Third Party, inter partes review, post-grant review or similar contested administrative proceeding involving a Third Party relating to Patent Rights claiming or reciting Collaboration Information and Inventions. Merck and Company shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. Merck shall have the first right to control such proceedings with respect to Collaboration Candidate IP, Antibody Binder IP and Other Collaboration IP, and Company shall have the right to review [***] any submission to be made [***]. Company shall have the first right to control such proceedings with respect to Platform IP, and Merck shall have the right to review [***] any submission to be made [***].
Third Party Initiated Proceedings. Each Party shall, within [***] of learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, derivation proceeding, opposition, reexamination requested by a Third Party, inter partes review, post-grant review or similar contested administrative proceeding involving a Third Party relating to Company Product Related Patent Rights or Joint Patent Rights. MSD and Company shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. MSD shall have the first right to control such proceedings with respect to Company Product Related Patent Rights or Joint Patent Rights, and Company shall have the right to review and approve any submission to be made in connection with such proceeding, which approval will not be unreasonably withheld or delayed provided that Company shall have final say on any actions or proceedings that affect, or could reasonably be expected to affect Company's use and/or exploitation of the Company Information and Inventions, Company Know-How and/or Company Patent Rights. In the event that MSD chooses not to initiate a proceeding under this Section 7.2.1, Company shall have the right and discretion to initiate such proceedings. The initiating Party shall have the first right to control such proceedings. *** Certain information, as identified by [***], has been excluded from this agreement because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.
Third Party Initiated Proceedings. Each Party shall, within [*] of learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, derivation proceeding, opposition, reexamination requested by a Third Party, inter partes review, post-grant review or similar contested administrative proceeding involving a Third Party relating to Cocrystal Patent Rights or Collaboration Patent Rights. Merck and Cocrystal shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. Merck shall have the first right to control such proceedings with respect to Cocrystal Patent Rights and Collaboration Patent Rights, and Cocrystal shall have the right to review and approve any submission to be made in connection with such proceeding, which approval will not be unreasonably withheld or delayed, and shall be provided copies of all documents filed in connection with such proceedings. In the event that Merck chooses not to control such proceeding under this Section 7.2.1, and upon Merck’s written consent with respect to Collaboration Patent Rights, which consent shall not be unreasonably withheld or delayed, Cocrystal shall have the right to control such proceeding.
Third Party Initiated Proceedings. Each Party shall, within ten (10) days of learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, derivation proceeding, opposition, reexamination requested by a Third Party, inter partes review, post-grant review or similar contested administrative proceeding involving a Third Party relating to Product-Specific Company Patent Rights or Joint Patent Rights. Merck and Company shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. Merck shall have the right to control such proceedings with respect to Product-Specific Company Patent Rights and Joint Patent Rights, and Company shall have the right to review any submission to be made in connection with such proceeding. The controlling Party shall bear all costs of conducting such proceedings.
Third Party Initiated Proceedings. Each Party shall, within [***] days of learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, derivation proceeding, opposition, reexamination requested by a Third Party, inter partes review, post-grant review or similar contested administrative proceeding involving a Third Party relating to the MSD Patents and the Improvement Patents. The Parties shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. Licensee shall have the first right, but not the obligation, to control such proceedings relating to the MSD Patents, and shall have the sole right at its discretion, but not the obligation, to control such proceedings relating to the Improvement Patents, and MSD shall have the right to review and comment on any submission to be made in connection with such proceedings, which Licensee will consider in good faith. In the event Licensee determines not to control any such proceedings relating to the MSD Patents, then it shall so notify MSD and MSD shall have the right, but not the obligation, to assume control of such action.
Third Party Initiated Proceedings. Each Party shall, within *** of learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, derivation proceeding, opposition, reexamination requested by a Third Party, inter partes review, post-grant review #30715v326 Confidential
Third Party Initiated Proceedings. Each Party shall, within ten (10) days of learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, derivation proceeding, opposition, reexamination requested by a Third Party, inter partes review, post-grant review or similar contested administrative proceeding involving a Third Party relating to Hanmi Patent Rights. Aptose and Hanmi shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. Aptose shall have the first right to control such proceedings in the Territory with respect to Hanmi Patent Rights, and Hanmi shall have the right to review and comment on any submission to be made in connection with such proceeding and Aptose shall reasonably consider any comments timely provided by Hanmi.
Third Party Initiated Proceedings. Each Party shall, within [*] after learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, derivation proceeding, opposition, reexamination requested by a Third Party, inter partes review, post-grant review or similar contested administrative proceeding involving a Third Party relating to Program Collaboration Patent Rights. Merck and Sutro shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. Merck shall have the first right to control such proceedings with respect to Program Collaboration Patent Rights, and Sutro shall have the right to review and approve any submission to be made in connection with such proceeding, which approval will not be unreasonably withheld or delayed.
Third Party Initiated Proceedings. Each Party shall, within [**] ([**]) days of learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, derivation proceeding, opposition, reexamination requested by a Third Party, inter partes review, post-grant review or similar contested administrative proceeding involving a Third Party (“Third Party Initiated Proceedings”) relating to [**] Patent Rights, Joint Patent Rights, or Joint Platform Patent Rights. [**] and [**] shall thereafter consult and cooperate fully to determine a course of action with respect to any such proceeding. [**] shall have the first right to control such proceedings with respect to [**] Patent Rights and Joint Patent Rights, and [**] shall have the right to review and approve any submission to be made in connection with such proceeding, which approval will not be unreasonably withheld or delayed. [**] shall have the first right to control such proceedings with respect to Joint Platform Patent Rights, and [**] shall have the right to review and approve any submission to be made in connection with such proceeding, which approval will not be unreasonably withheld or delayed.
