Examples of Sarepta Patent Rights in a sentence
Sarepta has the sole responsibility to, at Sarepta’s discretion, file, prosecute and maintain, all Sarepta Patent Rights, in Sarepta’s name.
Without limitation of Sarepta’s rights under this Section 12, Sarepta shall have the exclusive right to opt-in and opt-out the Sarepta Patent Rights, Summit Patent Rights (subject to the provisions of any Summit In-License) and Collaboration Patent Rights from the jurisdiction of the E.U. Unified Patent Court, in accordance with Unified Patent Court (Regulation (E.U.) No. 1257/2012) and its applicable Annexes and Rules of Procedure, as amended and from time to time in effect, and Summit shall not do so.
Except as otherwise expressly set forth in this Agreement, Summit retains all of its rights, title and interests in and to the Summit Patent Rights, and Summit Know-How and Sarepta retains all of its rights, title and interests in and to the Sarepta Patent Rights and Sarepta Know-How.
Likewise, Summit will have the sole and exclusive right, but not the obligation, to defend against any Defense Action in the Summit Territory relating to the Summit Patent Rights and shall have the first right, but not the obligation, to defend any Defense Action in the Summit Territory relating to the Collaboration Patent Rights or Sarepta Patent Rights (subject to the provisions of any Sarepta In-License).
Sarepta will have the first right, but not the obligation, to file, prosecute, and maintain the Sarepta Patent Rights using internal counsel and external counsel mutually agreed to by the Parties.
Upon the reasonable request of Sarepta, Roche will at Sarepta’s own cost and expense cooperate with and assist Sarepta as needed in connection with the filing, prosecution, and maintenance of all Sarepta Patent Rights.
Upon the exercise of the Option for an Option Product by Roche in accordance with Section 2.7.3 (Exercise of Option), the Option Product Patent Rights that are necessary or useful to Exploit such Licensed Product in the Roche Territory will become Sarepta Patent Rights, and the prosecution of such Patent Rights shall be governed by Section 10.5 (Prosecution of Sarepta Patent Rights) thereafter.
Sarepta Patent Rights include all Sarepta Collaboration Patent Rights.
Subject to Section 10.5.4 (Abandonment in Roche Territory), [**] will be responsible for [**] of the actual External Costs incurred by Sarepta with respect to the filing, prosecution, and maintenance of the Sarepta Patent Rights in the Roche Territory.
Sarepta will consider in good faith the comments provided by Roche’s representatives on the IP Committee, but will retain final decision-making authority regarding the prosecution and maintenance of all Sarepta Patent Rights.