Common use of Third-Party Rights In ICD Sole CRADA Subject Inventions Clause in Contracts

Third-Party Rights In ICD Sole CRADA Subject Inventions. For a CRADA Subject Invention conceived prior to the Effective Date solely by an ICD employee that is first actually reduced to practice after the Effective Date in the performance of the Research ***Confidential Treatment Requested PHS ICT-CRADA Case Ref. No. MODEL ADOPTED June 18, 2009 Page 12 of 52 Plan, the option offered to Collaborator in Paragraph 7.2 may be restricted if, prior to the Effective Date, PHS had filed a Patent Application and has either offered or granted a license in the CRADA Subject Invention to a third party. Collaborator nonetheless retains the right to apply for a license to any such CRADA Subject Invention in accordance with the terms and procedures of 35 U.S.C. § 209 and 37 C.F.R. Part 404.

Third-Party Rights In ICD Sole CRADA Subject Inventions. For a CRADA Subject Invention conceived prior to the Effective Date solely by an ICD employee that is first actually reduced to practice after the Effective Date in the performance of the Research ***Confidential Treatment Requested PHS ICT-CRADA Case Ref. No. MODEL ADOPTED June 18, 2009 Page 12 of 52 Plan, the option offered to Collaborator in Paragraph 7.2 may be restricted if, if prior to the Effective Date, PHS had filed a Patent Application and has either offered or granted a ***Confidential Treatment Requested PHS ICT-CRADA Case Ref. No.02661 MODEL ADOPTED June 18, 2009 TRACON CONFIDENTIAL license in the CRADA Subject Invention to a third party. Collaborator nonetheless retains the right to apply for a license to any such CRADA Subject Invention in accordance with the terms and procedures of 35 U.S.C. § 209 and 37 C.F.R. Part 404.

Third-Party Rights In ICD Sole CRADA Subject Inventions. For a CRADA Subject Invention conceived prior to the Effective Date solely by an ICD employee that is first actually reduced to practice after the Effective Date in the performance of the Research ***Confidential Treatment Requested PHS ICT-CRADA Case Ref. No. _______ MODEL ADOPTED June 18, 2009 Page 12 of 52 55 Plan, the option offered to Collaborator in Paragraph 7.2 may be restricted if, prior to the Effective Date, PHS had filed a Patent Application and has either offered or granted a license in the CRADA Subject Invention to a third party. Collaborator nonetheless retains the right to apply for a license to any such CRADA Subject Invention in accordance with the terms and procedures of 35 U.S.C. § 209 and 37 C.F.R. Part 404.