Xxxxxxx Patents Sample Clauses

Xxxxxxx Patents. Xxxxxxx shall have the primary responsibility for, and shall use Diligent Efforts in, preparing, filing, prosecuting and maintaining Xxxxxxx Patents, including but not limited to those which are Royalty Patents. Xxxxxxx shall provide to PPD, at least on an annual basis, with a detailed list accurately identifying the status of all Xxxxxxx Patents, including but not limited to those which are Royalty Patents. Xxxxxxx shall provide PPD with a reasonable opportunity to review and comment upon draft patent applications and office action responses for such Patents. If Xxxxxxx decides not to file, prosecute, or maintain any Xxxxxxx Patents, Xxxxxxx shall give PPD reasonable notice of same (such notice to be provided reasonably in advance of any statutory, response, maintenance fee, or similar deadlines) and after receipt of such notice, PPD may, upon written election to Xxxxxxx, file, prosecute, or maintain such Patents in its sole discretion at its own expense and shall be made the exclusive attorney of record for such Patents. PPD shall continue to keep Xxxxxxx reasonably informed with respect to the status of such Patents and their prosecution.
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Xxxxxxx Patents. Xxxxxxx shall have the primary responsibility for, using outside counsel mutually agreeable to the Parties, Prosecuting Xxxxxxx Patents. The costs and expenses incurred as a result of such Prosecution shall be borne by Xxxxxxx to the extent such Prosecution is related to the Xxxxxxx Territory and by Xxxxxxx to the extent such Prosecution is related to the Xxxxxxx Territory; provided, however, that the cost and expense of Prosecuting any PCT application shall be borne by Xxxxxxx. Xxxxxxx shall provide to Xxxxxxx, at least on an annual basis, a detailed list accurately identifying the status of all Xxxxxxx Patents. Xxxxxxx shall provide Xxxxxxx with a reasonable opportunity to review and comment upon draft patent applications and office action responses in the Xxxxxxx Territory for such Xxxxxxx Patents. If Xxxxxxx decides not to file, prosecute, or maintain any Xxxxxxx Patents in the Xxxxxxx Territory, Xxxxxxx shall give Xxxxxxx reasonable notice of same (such notice to be provided reasonably in advance of any statutory, response, maintenance fee, or similar deadlines); and after receipt of such notice, Xxxxxxx may, upon written election to Xxxxxxx, file, prosecute, or maintain such Xxxxxxx Patents in its sole discretion at its own expense and shall be made the exclusive attorney of record for such Xxxxxxx Patents and Xxxxxxx shall promptly assign to Xxxxxxx any such Xxxxxxx Patents as a result of Xxxxxxx’x assumption of any such responsibility. Xxxxxxx shall continue to keep Xxxxxxx reasonably informed with respect to the status of such Xxxxxxx Patents and their Prosecution in the Xxxxxxx Territory.
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Xxxxxxx Patents. Buyer as controlling member of LDI will take reasonable steps to ensure that LDI's financial obligations regarding the Xxxxxxx Patents are satisfied.
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Xxxxxxx Patents. Xxxxxxx shall have the sole right, but not the obligation, to prosecute and maintain Xxxxxxx Patents, including Xxxxxxx Compound-Specific Patents, at Xxxxxxx’x sole cost and expense and by counsel selected by Xxxxxxx. Xxxxxxx shall consult with Cidara as to the prosecution and maintenance of Xxxxxxx Compound-Specific Patents reasonably prior to any deadline or action with any patent office, shall furnish to Cidara copies of all relevant drafts and documents reasonably in advance of such consultation, and shall consider in good faith Cidara’s reasonable comments thereon. Xxxxxxx shall keep Cidara reasonably informed of progress with regard to the prosecution and maintenance of such Xxxxxxx Compound-Specific Patents and shall provide to Cidara copies of all material patent office submissions within a reasonable amount of time following submission thereof by Xxxxxxx.
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Xxxxxxx Patents. All United States and foreign patent applications that claim Xxxxxxx Technology shall be prepared, filed, prosecuted and-defended in the sole discretion and under the sole responsibility of Xxxxxxx.
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Xxxxxxx Patents. INO-T shall have sole responsibility, solely at its expense, for the prosecution of any pending patent application and the maintenance of any granted patent included in the Xxxxxxx Patents in accordance with the Xxxxxxx License. If INO-T intends to surrender, fail to renew or extend or abandon any of the patent applications or granted patents in the Xxxxxxx Patents, INO-T shall promptly inform AGA of this and, at AGA’s request, will continue prosecution or maintenance of the patent applications or patents at AGA’s expense.
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Xxxxxxx Patents. For the avoidance of doubt, the License under the License Agreement shall be in respect of the Licensed Information only. Licensors hereby disclaim any representation and/or warranty regarding Xxxxxx’x Patents.
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Xxxxxxx Patents. Xxxxxxx, through patent attorneys or agents of its choice, shall have the sole right, at its sole cost and expense, to prepare, file, prosecute and maintain the Xxxxxxx Patents, including Patents Covering the Xxxxxxx-Owned Collaboration Inventions, anywhere in the world in the name of Xxxxxxx. Xxxxxxx shall use Commercially Reasonable Efforts to prepare, file, prosecute and maintain any Xxxxxxx Patent in the Territory that Covers RPV or a Combination Product. Without limitation of Section 14.1.5, Gilead shall, and shall cause its Affiliates and their respective employees and agents to, reasonably cooperate, by the execution of documents and otherwise, to vest ownership of the Xxxxxxx-Owned Collaboration Inventions in Xxxxxxx.
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Xxxxxxx Patents. As between the Parties, Xxxxxxx shall have, with respect to the Major Market Countries, the first right and option, and with respect to the remaining countries in the Territory, the sole right and option, at its sole expense, in each case, to respond to any Infringement (as defined in Section 14.4.4) with respect to any Xxxxxxx Patent, including Patents Covering the Xxxxxxx-Owned Collaboration Inventions, by appropriate steps, including by filing an infringement suit or taking other similar action. With respect to the Major Market Countries, in the event that Xxxxxxx fails to, within forty (40) days following notice of such Infringement, or earlier notifies Gilead in writing of its intent not to, file an infringement suit or other similar action against the infringer with respect to at least one claim of one Xxxxxxx Patent, Gilead shall have the right, but not the obligation, to do so at Gilead’s sole cost and expense, the foregoing provided that: (i) Xxxxxxx has the legal right to allow Gilead to take such steps to [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. §§ 200.80(b)(4) AND 240.24B-2 remove such Infringement, including considering any contractual obligations Xxxxxxx may have to Third Parties; (ii) any such steps to respond to such Infringement by Gilead shall only be with respect to claims of Xxxxxxx Patents that are directed to a composition-of-matter of RPV alone or in combination with TDF, TAF or FTC or the use in the Field of RPV alone or in combination with TDF, TAF or FTC; and (iii) to the extent that Gilead undertakes steps to remove such Infringement, Gilead shall indemnify Xxxxxxx and its Indemnified Persons as set forth in Section 18.5 (and Xxxxxxx shall have no obligations of indemnity under Article 18 arising from such enforcement). In the event that Gilead exercises such right, Gilead shall not settle any infringement suit or similar action without the prior written consent of Xxxxxxx, which consent shall not be unreasonably withheld; provided, however, that Xxxxxxx may in its sole discretion withhold its consent with respect to any settlement that involves an admission of invalidity or unenforceability of any Xxxxxxx Patent. The Party not bringing the suit or action shall provide, at such Pa...
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Related to Xxxxxxx Patents

  • Licensed Patents Immune Design, at its expense, shall have the first right to file, prosecute and maintain all Licensed Patents for which Immune Design has any exclusive rights under this Agreement using patent counsel reasonably approved by IDRI, including conducting any interferences, reexaminations, reissues, oppositions, or request for patent term extension relating thereto. Immune Design shall conduct such filing, prosecution and maintenance in good faith, taking into consideration IDRI’s retained rights hereunder, and consistent with reasonable business judgment, provide IDRI with all relevant or material documentation and proposed filing in the Territory so that IDRI may be concurrently and promptly informed of the continuing prosecution, and consult with IDRI with regards to Immune Design’s patent strategy with the Licensed Patents for which Immune Design has any exclusive rights under this Agreement. Licensed Patents in the name of IDRI shall remain in the name of IDRI. Immune Design shall use commercially reasonable efforts to ***, as applicable. To the extent such ***, Immune Design shall provide IDRI reasonable opportunity to review and comment on such prosecution efforts regarding such Licensed Patents in the Territory, and any IDRI comments will be reasonably considered in such prosecution efforts, and included to the extent affecting the IDRI Exclusive Field or IDRI Territory, as the case may be. If Immune Design determines in its sole discretion to abandon or not maintain any Licensed Patent for which Immune Design has any exclusive rights under this Agreement in the Territory, then Immune Design shall promptly provide IDRI with written notice of such determination at least sixty (60) days before any deadline for taking action to avoid abandonment and shall provide IDRI with the right, opportunity and reasonable assistance to prepare, file, prosecute and maintain such Licensed Patent in the applicable jurisdiction in IDRI’s sole discretion and at IDRI’s expense, provided that Immune Design shall provide such reasonable assistance at its *** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. own costs and expenses. If IDRI elects to prepare, file, prosecute and maintain such Licensed Patent in such jurisdiction for which Immune Design has any exclusive rights, then Immune Design’s license rights to such Licensed Patent in such country will become nonexclusive in such country under such Licensed Patent (and/or patent application). If IDRI desires Immune Design to file, in a particular jurisdiction, a Licensed Patent for which Immune Design has any exclusive rights under this Agreement that claims priority to another Licensed Patent for which Immune Design has any exclusive rights under this Agreement, IDRI shall provide written notice to Immune Design requesting that Immune Design file such patent application in such jurisdiction. If IDRI provides such written notice to Immune Design, Immune Design shall either (i) file and prosecute such patent application and maintain any patent issuing thereon in such jurisdiction and the Parties shall share the related costs and expenses (A) in countries *** on the basis of *** percent (***%) Immune Design: *** percent (***%) IDRI or (B) in countries within the IDRI Territory equally; or (ii) notify IDRI that Immune Design does not desire to file such patent application in such jurisdiction and provide IDRI with the opportunity to file and prosecute such patent application, provided that if IDRI files and prosecutes such patent application in such jurisdiction, then Immune Design’s license rights to such License Patent in such country will become nonexclusive in such country under such Licensed GLA Patent (and/or patent application). Immune Design shall be responsible for the costs and expenses incurred in connection with its own activities for filing, prosecuting and maintaining the Licensed Patents; IDRI shall be responsible for monitoring of such activities by IDRI.

  • Patent Rights The term “

  • Licensed Patent Rights The term “Licensed Patent Rights” shall mean rights arising out of or resulting from:

  • Trademarks, Patents Borrower, as of the date hereof, possesses all necessary trademarks, trade names, copyrights, patents, patent rights, and licenses to conduct its business as now operated, without any known conflict with the valid trademarks, trade names, copyrights, patents and license rights of others.

  • Patents and Patent Applications To the Company’s knowledge, all patents and patent applications owned by or licensed to the Company or under which the Company has rights have been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to preclude the grant of a patent in connection with any such application or could reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

  • Third Party Patent Rights If either Party desires to bring an opposition, action for declaratory judgment, nullity action, interference, declaration for non-infringement, reexamination or other attack upon the validity, title or enforceability of a Patent Right owned or controlled by a Third Party and having one or more claims that Cover the Compound or Product, or the use, sale, offer for sale or importation of the Compound or Product (except insofar as such action is a counterclaim to or defense of, or accompanies a defense of, a Third Party’s claim or assertion of infringement under Section 7.6, in which case the provisions of Section 7.6 shall govern), such Party shall so notify the other Party and the Parties shall promptly confer to determine whether to bring such action or the manner in which to settle such action. Provention shall have the exclusive right, but not the obligation, to bring, at its own expense and in its sole control, such action in the Territory. If Provention does not bring such an action in the Territory, within ninety (90) days of notification thereof pursuant to this Section 7.7(a) (or earlier, if required by the nature of the proceeding), MacroGenics shall have the right, but not the obligation, to bring, at MacroGenics’ own expense, such action. The Party not bringing an action under this Section 7.7(a) shall be entitled to separate representation in such proceeding by counsel of its own choice and at its own expense, and shall cooperate fully with the Party bringing such action. Any awards or amounts received in bringing any such action shall be first allocated to reimburse the initiating Party’s expenses in such action, and any remaining amounts shall be allocated between the Parties as provided in Section 7.5(e).

  • Third Party Patents If any Third Party claims that a patent it owns or controls claims any aspect of a Licensed Product or its manufacture, use or sale, the Party with notice of such claim shall notify the other Party promptly, and the Parties shall as soon as practicable thereafter discuss in good faith regarding the best response.

  • Patent Applications It is understood by the parties that, pursuant to the Baylor Technology Transfer Agreement, MAS has the initial responsibility for filing, prosecution and maintenance of Patents and Patent Applications covering the Baylor Technology. The parties agree that, as between MAS and CTI, MAS shall be responsible for deciding whether and how to file, prosecute and maintain the Patents and Patent Applications, provided that:

  • Trademarks, Patents, Etc (a) Schedule 4.8(a) contains a true and complete list of all letters patent, patent applications, trade names, trademarks, service marks, trademark and service xxxx registrations and applications, copyrights, copyright registrations and applications, grants of a license or right to the Company with respect to the foregoing, both domestic and foreign, claimed by either Company or used or proposed to be used by the Company in the conduct of its business, whether registered or not, (collectively herein, "Registered Rights").

  • Joint Patent Rights If not already established under the Research Collaboration Agreement, prior to either Party filing any Patent Right disclosing Joint Program Technology or Joint TAP Platform Improvements, the Parties shall establish a patent committee (the “Patent Committee”) comprised of at least one (1) representative of each Party for the purpose of facilitating the preparation, filing, prosecution, maintenance and defense of Joint Patent Rights. As agreed upon by the Parties, meetings of the Patent Committee may be face-to-face or may be conducted by teleconferences or videoconferences, from time to time as needed. The Patent Committee will be the forum through which the Parties coordinate their respective obligations to each other described in Sections 5.2.2 and 5.2.3 hereof and in this Section. In the event the Parties conceive or generate any Joint Program [***] Certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by CytomX Therapeutics, Inc. Technology or Joint TAP Platform Improvements, the Parties shall promptly meet to discuss and determine, based on mutual consent, whether to seek patent protection thereon, which Party will control filing, prosecution and maintenance of such patents and how to pay for the filing, prosecution and maintenance of such patents. It is presumed that CytomX will control filing, prosecution and maintenance of Joint Patent Rights claiming Joint Program Technology or Joint Unconjugated Probody Platform Improvements, and that ImmunoGen will control filing, prosecution and maintenance of Joint Patent Rights claiming Joint TAP Platform Improvements or Joint Conjugation Probody Platform Improvements. Neither Party will file any Joint Patent Right without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. The Party controlling filing and prosecution of any such Joint Patent Right (a) shall keep the other Party informed regarding each Patent Right, (b) shall consider in good faith any recommendations made by the other Party in regard to the filing, prosecution or maintenance of any such Patent Right and (c) shall not unreasonably refuse to incorporate any recommendations made by the other Party in regard to such filing, prosecution or maintenance.

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