Examples of MSRx IP in a sentence
MSRx shall be responsible for the preparation, filing, prosecution and maintenance of the MSRx IP, including the MSRx Patents and the Zuplenz Trademark.
Each Party agrees to cooperate fully in the preparation, filing, prosecution and maintenance of any registered MSRx IP under this Agreement and in the obtaining and maintenance of any extensions, supplementary protection certificates and the like with respect to any registered MSRx IP.
The cost of such preparation, filing, prosecution and maintenance of the MSRx IP shall be borne by MSRx. MSRx shall consider in good faith the requests and suggestions of Galena with respect to strategies for prosecution and maintenance of MSRx IP in the Territory and, as applicable, revisions to correspondence with the U.S. Patent and Trademark Office.
Without limiting the foregoing, it is acknowledged that the MSRx IP shall constitute the Confidential Information of MSRx (subject to Section 9.2) and the Quarterly Royalty Payments shall constitute the Confidential Information of Galena for purposes of this Agreement.
The Parties will where applicable also agree on the terms and conditions to be offered to any prospective Third Party Licensee(s) in accordance with Section 5.3 below, in relation to any Supply Agreement or licence of Midatech IP or MSRx IP, which Party will take the lead and bear the costs in the partnering and negotiating process, and the process for obtaining mutual approval for the final deal terms with the Third Party Licensee(s).
Except as set forth in this Agreement, nothing contained in the MSRx License includes a right of Midatech to manufacture film using MSRx IP (which rights shall be retained and be exclusively in MSRx).
Each Party to this Agreement shall be solely responsible for the prosecution and maintenance of its Patent Rights, including all Midatech IP and the MSRx IP, respectively, and shall pay whatever expenses are required in such Party’s discretion for such prosecution and maintenance without cost to the other Party.
Where Independent Diabetes Field Products or Single IP Products include no Joint Owned IP or MSRx IP, no license will be required from MSRx’s, save to the extent Section 2.79 applies.
For clarity, if MSRx IP is the offending IP, then MSRx will be responsible to provide a defense against the Claim and indemnify the JV and/or Midatech Indemnified Parties (as the case may be).
If the offending IP is not clearly either the MSRx IP or Midatech IP, then the defense will be a joint defense of the Parties and the costs shall be shared equally by the Parties unless the Parties mutually agree otherwise in writing.