Other Joint Patents. To the extent any Joint Patent is not related to a Compound, or Covers an Antibody-Anticalin Protein fusion molecule that is not a Compound, then the Parties shall discuss in good faith the sharing of responsibilities and costs in connection with the filing, prosecution and maintenance of such IP. In the absence of agreement, Section 11.2.2 shall apply mutatis mutandis to any such Patents.
Other Joint Patents. In the event of suspected infringement of an Other Joint Patent by a Third Party in a country, wherein the suspected infringing activity competes with a Product being commercialized by or on behalf of Sanofi in such country, the Parties’ respective rights and obligations with respect to enforcement of such Other Joint Patent in such country shall be as set forth in Section 8.4.1, mutatis mutandis. In the event of any other suspected infringement of an Other Joint Patent, the Parties shall mutually agree in good faith on a case-by-case basis on the course of action to be taken and the allocation of costs and recovered amounts.
Other Joint Patents. Upon identification of any Joint Agreement Patent that is not a Licensed Patent (such Patents, the “Other Joint Patents”), the Parties will discuss in good faith and determine which Party will be primarily responsible for the Prosecution and Maintenance of such Other Joint Patent. The Party primarily responsible for such Prosecution and Maintenance of a particular Other Joint Patent (the “Lead Prosecuting Party”) will conduct such Prosecution and Maintenance, at its expense, using counsel reasonably acceptable to the other Party. The Lead Prosecuting Party will keep the other Party reasonably informed with respect to such Prosecution and Maintenance and consult in good faith with such other Party regarding such matters. If the Lead Prosecuting Party decides to abandon an Other Joint Patent that is not a Licensed Patent, it will provide the other Party with notice at least [***] prior to the date such abandonment would become effective. Following such notice, the other Party may elect, upon written notice to the Lead Prosecuting Party, to control the Prosecution and Maintenance of such Patent at its own expense. Upon such election, the Lead Prosecuting Party will cooperate and assist in transitioning the Prosecution and Maintenance of such Patent to the other Party, and the other Party agrees thereafter to keep the Lead Prosecuting Party reasonably informed with respect to such Prosecution and Maintenance and consult in good faith with the Lead Prosecuting Party regarding such matters.
Other Joint Patents. Regulus will have the first right, subject to consultation and discussion at the Intellectual Property Sub-committee, but not the obligation, to prepare, file, prosecute and maintain Other Joint Patents, at Regulus’ sole expense and by counsel of its own choice. Regulus, or its outside counsel, will provide AstraZeneca with: (a) a reasonably detailed monthly update of the filing, prosecution and maintenance status for such Other Joint Patent and (b) any further information reasonably requested by AstraZeneca from time to time regarding such Other Joint Patent. Regulus will consider in good faith, and give effect to, all reasonable requests or recommendations of AstraZeneca regarding the preparation, filing, prosecution and maintenance of Other Joint Patents. In the event that Regulus decides not to pursue or continue the filing, prosecution or maintenance of any Other Joint Patent in any country, Regulus, or its outside counsel, will provide AstraZeneca with written notice of such decision at least 60 days in advance of any relevant filing, prosecution or maintenance deadline, and AstraZeneca will provide Regulus with prompt notice as to whether AstraZeneca desires to assume responsibility and costs for such filing, prosecution or maintenance of such Other Joint Patent. Regulus will not knowingly permit any Other Joint Patent to be abandoned or elect not to file a new patent application claiming priority to a patent application within the Other Joint Patents either before such patent application’s issuance or within the time period required for the filing of an international (i.e., Patent Cooperation Treaty), regional (including European Patent Office) or national application, without AstraZeneca’s written consent or without AstraZeneca otherwise first being given an opportunity to assume full responsibility (at AstraZeneca’s expense) for the continued prosecution and maintenance of such Other Joint Patents, or the filing of such new patent application. In the event that AstraZeneca assumes responsibility for the preparation, filing, prosecution or maintenance of any patent or patent application as set forth above, AstraZeneca will not be liable to Regulus in any way with respect to its handling of, or the results obtained from, the filing, prosecution, issuance, extension or maintenance of such application or any resulting patent or any failure by it to so file, prosecute, extend or maintain. For clarity, the other Party shall not assume full responsibili...
Other Joint Patents. In the event that either Party desires to prepare and have filed any Patent application in the Territory claiming the Joint Know-How to the extent that such Joint Know-How is either (A) not related to a Combination Product or (B) not covered by Section 14.2.3.1a or Section 14.2.3.1b above, then in either case ((A) or (B)), such Party shall propose such filing to the other Party and the Parties shall discuss and agree in writing on which Party shall take responsibility for preparing and filing the Patent application and the allocation as between the Parties of costs and expenses related to such Joint Patent application. In the event that the Parties fail to reach agreement that such Patent application should be filed, neither Party may file or cause to be filed such Patent application. In the event that the Parties agree that a Patent application for a Joint Patent Covering such Joint Know-How should be filed, the Party designated to lead such application process (the “Lead Patent Party”) shall have the sole right and obligation, in consultation with the non-Lead Patent Party, to prepare, file, prosecute, maintain and take any other actions as directed by the Parties with respect to such Joint Patent in the name of both Parties as the assignees in such countries as the Parties shall direct, and the costs and expenses with respect thereto shall be shared by the Parties as agreed pursuant to this Section 14.2.3.2. The Lead Patent Party shall keep the other Party advised of the status of Joint Patent filings pursuant to this Section 14.2.3.2 and shall provide (or shall cause its foreign agents to provide) copies of all written official communications correspondence between such Lead Patent Party or any of its Affiliates or their respective patent counsel and the applicable patent office relating to the prosecution or maintenance of such Joint Patents. For the avoidance of doubt, the Lead Patent Party may elect to use outside patent counsel for the filing, prosecution and maintenance of the Joint Patents. The non-Lead Patent Party may engage outside patent counsel, at its expense, to review any filings to be made with respect to any Joint Patent pursuant to this Section 14.2.3.2. The non-Lead Patent Party shall, and shall cause its Affiliates to, assist and cooperate with the Lead Patent Party in filing, prosecuting and maintaining the Joint Patents pursuant to this Section 14.2.3.2. Costs and expenses with respect to such assistance shall be shared by the Part...
Other Joint Patents. Arcturus shall have the first right, but not the obligation, to control the prosecution and maintenance of Joint Patents other than Joint Product-Specific Patents, at Arcturus’ sole expense and by counsel of its choice, in such countries or jurisdictions as Arcturus determines to be appropriate. If Providence requests in writing that Arcturus prosecute and maintain any such Joint Patent in any country or jurisdiction in which Arcturus has not elected to do so, Arcturus shall prosecute and maintain such Joint Patent in such country or jurisdiction, provided that Providence shall be solely responsible for the reasonable and documented costs and expenses thereof. Arcturus shall consult with Providence as to the prosecution and maintenance of such Joint Patents reasonably prior to any deadline or action with any patent office and shall furnish to Providence copies of all relevant drafts and documents reasonably in advance of such consultation. Arcturus shall keep Providence reasonably informed of progress with regard to the prosecution and maintenance of such Joint Patents and shall provide to Providence copies of all material patent office submissions promptly following submission thereof by Arcturus. In the event that Arcturus desires to abandon or cease prosecution or maintenance of any such Joint Patent, Arcturus shall provide written notice to Providence of such intention to abandon promptly after Arcturus makes such determination (which notice shall be given no later than ninety (90) days prior to the next deadline for any action that must be taken with respect to such Joint Patent in the relevant patent office). In such case, Providence shall have the right, in its discretion, exercisable upon written notice to Arcturus delivered no later than thirty (30) days after receipt of notice from Arcturus, to assume responsibility for prosecution and maintenance of such Joint Patent, at its sole cost and expense and by counsel of its own choice.
Other Joint Patents. Except as expressly set forth in Section 10.3.1 as applicable to Joint Product-Specific Patents, if either Party wishes to apply for extension of any Joint Patent other than a Joint Product-Specific Patent, any such application for extension will require the mutual written agreement of the Parties.
Other Joint Patents. Arcturus shall have the first right, but not the obligation, to bring and control any action or proceeding with respect to any infringement (including, without limitation, Product Infringement) of any Joint Patent other than a Joint Product-Specific Patent, at Arcturus’ sole cost and expense using patent counsel of its choice, and Providence shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. If Arcturus fails to bring any such action or proceeding within (A) one hundred and twenty (120) days following the notice of alleged infringement or (B) fifteen (15) days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, then Providence shall have the right to bring and control any such action at its own expense and by counsel of its own choice, and Arcturus shall have the right, at its own expense, to be represented in any such action by counsel of its own choice.
Other Joint Patents. To the extent any Joint Patent is not a Product Specific Patent, or if any Joint Patent or Product Specific Patent Covers more than one Product, then the Parties shall discuss in good faith the sharing of responsibilities and costs in connection with the filing, prosecution and maintenance of such IP. In the absence of agreement, Section 7.2.3.(a) shall apply mutatis mutandis to any such Patents.
Other Joint Patents. For any Product Infringement of an Other Joint Patent, as between the Parties, the Party allocated the right to file, prosecute and maintain such Patent Right in accordance with Section 10.2(d) shall have the first right, but not the obligation, to bring an appropriate suit or take other action against any person or entity engaged in such Product Infringement, at its own cost and expense. If such Party fails to institute and prosecute an action or proceeding to xxxxx such Product Infringement within a period of [*] after the first notice of such Product Infringement under Section 10.3a) (or such shorter period as may be necessary to bring or defend and maintain such action without loss of rights), then the other Party shall have the second right, but not the obligation, to commence a suit or take other action to enforce the applicable Other Joint Patent against such Product Infringement at its own cost and expense.
