Indevus Patent Rights definition
Examples of Indevus Patent Rights in a sentence
Indevus has the obligation to maintain the Indevus Patent Rights in the Territory as long as possible in accordance with applicable laws during the Agreement Term.
If Indevus chooses in its sole discretion not to pursue such patent term extension, then at Esprit’s request Indevus, shall authorize Esprit to act as Indevus’ agent for the purpose of making any application for any extensions of the term of any such Indevus Patent Rights in the Territory and Indevus shall provide all reasonable assistance therefore to Esprit at Esprit’s expense.
Indevus shall keep Orion reasonably informed of all material matters relating to the filing, prosecution and maintenance of the Indevus Patent Rights in the Territory and shall timely inform Orion of any Patent included in the Indevus Patent Rights issuing or granting from a patent application filed hereunder.
As between the Parties, (a) Indevus shall retain sole ownership of the Indevus Patent Rights and the Indevus Know-How and (b) Indevus shall have the sole right to file, prosecute and maintain the Indevus Patent Rights.
Indevus shall have the first right to file, prosecute and maintain the Indevus Patent Rights in Indevus’s name, using patent counsel selected by Indevus and shall be responsible for the payment of all patent prosecution and maintenance costs.
Each Party shall inform the other Party of any request for, filing, or declaration of any proceeding before a patent office seeking to protest, oppose, cancel, reexamine, declare an interference proceeding, initiate a conflicts proceeding, or analogous process involving a patent application or patent included in the Indevus Patent Rights of which it becomes aware in the Territory.
If Indevus chooses in its sole discretion not to pursue such patent term extension, then at Odyssey’s request, Indevus, shall authorize Odyssey to act as Indevus’s agent for the purpose of making any application for any extensions of the term of any such Indevus Patent Rights in the Territory and Indevus shall provide all reasonable assistance therefore to Odyssey at Odyssey’s expense.
This Agreement shall be effective as of the Effective Date and, unless terminated earlier pursuant to Section 12.2 below, shall extend for a period (the “Agreement Term”) which shall expire on the later of (i) the twelfth (12th) anniversary of the Launch Date of Trospium Twice-Daily or (ii) the expiration of the last to expire patent included in the Indevus Patent Rights covering Trospium Once-Daily, provided, however, that with respect to Trospium Once-Daily, the Agreement shall be subject to [*].
To the extent that Indevus is not authorized under either the M▇▇▇▇▇ License or the Supernus Agreement, to grant Esprit any of the rights set forth in this Article 8 with respect to the filing, prosecution, maintenance and/or enforcement of any of the Indevus Patent Rights, Esprit’s rights under this Article 8 shall be limited to those which are permitted under such agreements in a manner to effectuate, to the greatest extent, the intent and purposes of this Article 8.
To the extent that Indevus is not authorized under either the ▇▇▇▇▇▇ License or the Shire Agreement to grant Odyssey any of the rights set forth in this Article 8 with respect to the filing, prosecution, maintenance and/or enforcement of any of the Indevus Patent Rights, Odyssey’s rights under this Article 8 shall be limited to those which are permitted under such agreements in a manner to effectuate, to the greatest extent, the intent and purposes of this Article 8.