Patent Documentation definition

Patent Documentation means all the Patent prosecution files, assignments, licenses, prior art searches, claim charts, opinions of counsel, patent litigation rulings or filings bearing on claim scope, docket information on actions due within the thirty (30) day period following the Closing Date, and internal documents and third party communications on enforcement activities involving the Patents, in each case as maintained in the possession of MW or its agents or representatives, as of the Closing Date.

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Patent Documentation means, except for documents protected by attorney-client privilege or attorney work product, all the Patent prosecution files, docket information on actions due within the thirty (30) day period following the Effective Date, and third party correspondence on open, unresolved enforcement activities involving the Patents, in each case as maintained in ▇▇▇’▇ files or in its possession on the Effective Date. “Patents” means each of those patents and patent applications set forth in Exhibit 2 hereto, including, all divisions, continuations, continuations-in-part, reissues, renewals, and extensions thereof, any counterparts (foreign or otherwise) claiming priority therefrom, utility models, patents of importation/confirmation, and certificates of invention, filed or unfiled, and like statutory rights (other than design patents, registrable industrial designs and like rights involving trade identity). “PTO” means the U.S. Patent and Trademark Office or other Foreign Patent Office. “Recipient” has the meaning set forth in Section 7.1. As used in this Agreement, except to the extent that the context otherwise requires: (a) when a reference is made in this Agreement to a Section or Exhibit such reference is to a Section of, or Exhibit to this Agreement unless otherwise indicated; (b) the headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement; 3 (c) whenever the words “include,” “includes” or “including” (or similar terms) are used in this Agreement, they are deemed to be followed by the words “without limitation”; (d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) all terms defined in this Agreement have their defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise defined therein; (f) the definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms; (g) if any action is to be taken by any party hereto pursuant to this Agreement on a day that is not a Business Day, such action shall be taken on the next Business Day immediately following such day; and (h) references to a Person are also to its permitted successors and assigns. SECTION 2 PURCHASE AND SALE 2.1

Patent Documentation means a copy of the prosecution files for -------------------- CURIS Patent Rights (including all official correspondence with patent offices and copies of cited references) that CURIS has in its possession as of the Effective Date and all laboratory notebooks, primary data, research results and other information, materials and documents pertaining to the CURIS Patent Rights and the inventions described or claimed therein that CURIS has in its possession as of the Effective Date.

Examples of Patent Documentation in a sentence

• Notwithstanding anything to the contrary herein, Seller shall not be required to ship or otherwise provide Purchaser with any Assigned Patent Documentation (i) publicly available through the PTO or equivalent patent agencies in other jurisdictions, or (ii) for which a copy of such Assigned Patent Documentation has been provided to Purchaser.

• Upon provision of the Patent Documentation to Network-1, Network-1 assumes all responsibility for the prosecution and payment of fees and all other such activities associated therewith.

• Upon request of Buyer, Seller shall promptly deliver to Buyer a copy of all Patent Documentation.

• At the Closing, Cox shall provide to Network-1 the Patent Documentation.

• To the extent that any material Assigned Patent Documentation is not available for shipment as of such time, Seller shall use commercially reasonable efforts to locate and deliver to Purchaser such Assigned Patent Documentation; provided, that, in no event shall Seller be obligated to undertake any out-of-pocket expenses to locate and deliver such Assigned Patent Documentation.

• Within seven (7) days after the Closing Date, Purchaser shall provide to Seller all shipping instructions for shipment of the Assigned Patent Documentation not already delivered to Purchaser, and shall make arrangements for Purchaser-paid shipping of such Assigned Patent Documentation from their then-current location to Purchaser.

• Within fourteen (14) days after receipt of such instructions and notice of such arrangements in writing, Seller shall cause to be shipped to Purchaser all of such Assigned Patent Documentation in Seller’s possession or control in accordance with the foregoing instructions and notice.

• Purchaser acknowledges that, as of the date hereof, it and its Representatives (a) have except as set forth in this Agreement received full access to Seller’s files and records relating to the Assigned Patents, including the Patent Documentation, which they and their Representatives, as of the date hereof, have requested to review, and (b) have had full opportunity to evaluate the Assigned Patents and to review publicly-available information regarding the Assigned Patents.

• Seller has all necessary Patent Documentation underlying the specifications or claims in the Patent Application and all claims thereunder.

• Seller has delivered to Buyer all necessary Patent Documentation underlying the specifications or claims in the Patent Applications and all claims thereunder.

More Definitions of Patent Documentation

Patent Documentation means, except for documents protected by attorney-client privilege or attorney work product, all the Patent prosecution files, docket information on actions due within the thirty (30) day period following the Effective Date, and third party correspondence on open, unresolved enforcement activities involving the Patents, in each case as maintained in Cox’s files or in its possession on the Effective Date.

Patent Documentation means the following: (i) a copy of the patent application, as filed; (ii) if unpublished, a copy of the filing receipt and the non-publication requests, if available; (iii) the original assignment agreement(s) from the inventors and/or prior owners to Seller or any of its Subsidiaries; (iv) the Docket; (v) all available conception and reduction to practice materials in Phoenix’s possession (or Phoenix’s patent counsel’s possession); (vi) evidence of foreign filing license (or denial thereof); (vii) a copy of each relevant Out-License; and (viii) the Prosecution History Files.