Patent Prosecution. Upon any termination of this Agreement with respect to a Collaboration Target, BMS’ rights in respect of the prosecution and enforcement of any

Patent Marking. Astellas (and [[Cytokinetics:Organization]], if it Commercializes any Collaboration Product in the Shared Territory in [ * ] Indication, where [ * ] for such Indication) shall mark all Collaboration Products with patent information in each country in accordance with the applicable Law and to the extent customary in such country, and shall require all of its Affiliates and sublicensees to do the same. To the extent permitted by applicable Law and customary, Astellas shall indicate on Collaboration Product packaging, advertisement and promotional materials that such Collaboration Product is licensed from [[Cytokinetics:Organization]].

Patent Challenge. To the extent permitted by Laws on a country-by-country basis, Bayer agrees # not to challenge the validity or enforceability of any claim within the Licensed Patent Rights that are subject to the MSK Upstream Licenses, # [​].

Patent Disputes. Notwithstanding anything in this Agreement to the contrary, any and all issues regarding the scope, construction, validity, and enforceability of any patent in a country within the Territory shall be determined in a court of competent jurisdiction under the applicable patent laws of such country.

Patent Challenge. Lyra has the right to terminate this Agreement upon written notice to Lian in the event that Lian or any of its Affiliates or Sublicensees directly or indirectly challenges in a legal or administrative proceeding the patentability, enforceability or validity of any Patent Rights within the Licensed Technology (a “Patent Challenge”) and does not withdraw such Patent Challenge within ​ days of written notice from Lyra; provided that, if such Patent Challenge is brought by Lian or its Affiliates and it is withdrawn within such ​-day period, Lian shall promptly reimburse Lyra for all costs and expenses incurred by or on behalf of Lyra in defending and responding to such Patent Challenge; and provided further that this [Section 12.3(d)] (Patent Challenge) will not apply to any Patent Challenge that # is first made by Lian or any of its Affiliates or Sublicensees in defense of a claim of patent infringement brought by the Lyra under the applicable Patent Rights or any Patent Challenge, # was brought by an Acquirer prior to the effective date of such Change of Control, or # is brought by any non-Affiliate Sublicensee if Lian # causes such Patent Challenge to be terminated or dismissed (or in the case of ex-parte proceedings, multi-party proceedings, or other Patent Challenges in which the challenging party does not have the power to unilaterally cause the Patent Challenge to be withdrawn, causes such Sublicensee to withdraw as a party from such Patent Challenge and to cease actively assisting any other party to such Patent Challenge), or # terminates such Sublicensee’s sublicense to the Patent Rights being challenged by the Sublicensee, in each case, within ​ days after the Lyra’s notice to Lian under this [Section 12.3(d)] (Patent Challenge).

Patent Rights. EyePoint does not, either expressly or impliedly, grant any licenses to Imprimis under any patents owned or otherwise controlled by EyePoint or under which EyePoint has any rights, except the right to promote, market and solicit orders for the Products on the terms and subject to the conditions of this Agreement.

Patent Coordinators. Enanta and Abbott shall each appoint a patent coordinator reasonably acceptable to the other Party (each, a “Patent Coordinator”), who shall serve as such Party’s primary liaison with the other Party on matters relating to patent filing, prosecution, maintenance and enforcement. Each Party may replace its Patent Coordinator at any time by notice in writing to the other Party.

Seller agrees, upon receipt of notification, to promptly assume full responsibility for the defence of any suit or proceeding which may be brought against Buyer, its parent, subsidiaries or affiliates, constituent companies, agents, customers, subcontractors, or suppliers for alleged infringement of any United States, Canadian, or foreign patent, copyright, or trademark, as well as for the alleged unfair competition resulting from similarity in design, trademark, or appearance of components or parts of Goods designed or developed by Seller, except for components or parts of Goods manufactured or developed entirely from Buyer’s designs or instructions. Seller further agrees to indemnify Buyer against any and all losses and damages, including court costs and attorney’s fees, resulting from the bringing of such suit or proceeding, including any settlement or decree of judgment entered therein. Buyer may be represented by and actively participate through its own counsel in any such suit or proceeding, if it so desires. Seller’s obligation hereunder shall survive acceptance of the Goods or processes and payment by Buyer and expiration or completion of Buyer’s Order.

Patent Marking. Acadia shall mark all Licensed Products in accordance with the applicable patent marking laws and shall require all of its Affiliates and Sublicensees to do the same.

Patent Marking. Each of Acadia and Stoke shall mark all [[Unknown Identifier]] Co-Co Products (or the packaging, inserts or by way of a product website) in accordance with the applicable patent marking laws, and shall require all of its Affiliates and Sublicensees to do the same.