Example ContractsClausesProsecution and Enforcement
Prosecution and Enforcement
Prosecution and Enforcement contract clause examples

Prosecution and Enforcement. The provisions of Article 8 shall be terminated, except Section 8.1. In addition, as between the Parties, [[EPIZYME:Organization]] shall have the right (but not the obligation) to prosecute, maintain and enforce all EISAI Collaboration Patents that are primarily applicable to [[Unknown Identifier]] or [[Unknown Identifier]] Compounds and licensed to [[EPIZYME:Organization]] pursuant to [clause (d) above], under the same terms and to the same extent as [[EPIZYME:Organization]] had the right to prosecute, maintain and enforce the EISAI Collaboration Patents under Article 8 during the Term. EISAI shall provide such assistance and cooperation as may be reasonably necessary in connection with the transition of prosecution and enforcement responsibilities to [[EPIZYME:Organization]] with respect to such EISAI Collaboration Patents, including execution of such documents as may be necessary to effect such transition.

Prosecution and Enforcement. The provisions of Article 8 shall be terminated, except Section 8.1. In addition, as between the Parties, EISAI shall have the right (but not the obligation) to prosecute, maintain and enforce all [[EPIZYME:Organization]] Collaboration Patents that are primarily applicable to [[Unknown Identifier]] or [[Unknown Identifier]] Compounds and licensed to EISAI pursuant to [clause (a) above], under the same terms and to the same extent as [[EPIZYME:Organization]] had the right to prosecute, maintain and enforce the [[EPIZYME:Organization]] Collaboration Patents under Article 8 during the Term. [[EPIZYME:Organization]] shall provide such assistance and cooperation as may be reasonably necessary in connection with the transition of prosecution and enforcement responsibilities to EISAI with respect to such [[EPIZYME:Organization]] Collaboration Patents, including execution of such documents as may be necessary to effect such transition.

Prosecution and Enforcement. [[Illumina:Organization]] retains the sole right to file, prosecute, maintain, defend, and enforce, in its sole discretion, the Licensed IP; provided that for Licensed Field Specific Patents and any Licensed Field Copyrights to the extent exclusively licensed to [[CareDx:Organization]] (“Exclusive IP”):

Prosecution and Enforcement. SAVARA shall be solely responsible for the filing, prosecution and maintenance of any patents, trademarks and/or copyrights claiming or pertaining to Inventions and for enforcing its rights in any Inventions against an infringer thereof. GEMA agrees to cooperate and assist SAVARA with respect to such activities as reasonably requested and at the cost and expense of SAVARA.

Patent Prosecution and Enforcement. After the effective date of termination, Astellas shall promptly transfer to [[Cytokinetics:Organization]], and [[Cytokinetics:Organization]] shall thereafter be solely responsible for, the prosecution and maintenance of Collaboration Patents that are [ * ] under Section [ * ]. [[Cytokinetics:Organization]] shall have the first right to enforce at [[Cytokinetics:Organization]]’ sole cost the Collaboration Patents that are [ * ] under Section [ * ], in each case against any infringement that adversely affects or is expected to adversely affect any[ * ] Product.

Trademark Prosecution/Enforcement. As between the Parties, INNOCOLL shall control the prosecution and enforcement of and use ​ to maintain the Assigned Trademark in the Licensed Territory ​, and [[DURECT:Organization]] shall retain ownership and control the prosecution, maintenance and enforcement of the foreign trademarks corresponding to the Assigned Trademark in the Retained Territory. The Parties shall cooperate fully and coordinate with each other with respect to the prosecution, maintenance and enforcement of the Assigned Trademark in the Licensed Territory and such trademark in the Retained Territory, respectively.

#[[FibroGen:Organization]] Arising Patent Rights. [[FibroGen:Organization]] will have the sole right, responsibility, and discretion to file, prosecute (including the defense of any oppositions, interferences, reissue proceedings, re-examinations, and other post-grant proceedings originating in a patent office), and maintain all [[FibroGen:Organization]] Arising Patent Rights and at its sole cost and expense.

Prosecution. Unless otherwise agreed between the Parties, ​ shall, at its sole expense, control the Prosecution of all Patent Rights relating to Lead Biclonics, but that for clarity excludes [[Merus:Organization]] Patent Rights. Upon reasonable request of ​ shall, at ​ expense, reasonably cooperate with ​ in relation to such Prosecution. In particular in case of any interference, opposition, reexamination request, nullity proceeding, appeal or other interparty action, ​ shall review it with ​ as reasonably requested, and make employees of ​ available in any course of such interference, opposition, reexamination request, nullity proceeding, appeal or other interparty action for testimony, deposition or hearing, and ​ shall ​ in connection with such cooperation including ​ of its own employees.

Prosecution. Licensor will have sole control over, but, as between the Parties, no obligations to Licensee with respect to, the filing, prosecution, and maintenance (collectively “Prosecution”) of all Licensed Patents. Unless requested by Licensor, Licensee will not have any right to participate in the Prosecution of any Licensed Patents.

Prosecution. MGH shall be responsible for the preparation, filing, prosecution and maintenance of all patent applications and patents included in Patent Rights that are subject to the Underlying Agreement (the “Underlying Patent Rights”) and Licensee shall be responsible for the preparation, filing, prosecution and maintenance of all patent applications and patents included in Patent Rights that are not Underlying Patent Rights. Licensee shall reimburse Juniper (or if requested by Juniper, MGH directly) for ​ costs incurred in the preparation, filing, maintenance of the patent applications and patents included in the Underlying Patent Rights within thirty (30) days of receipt of an invoice for such costs. Licensee shall ​ any costs associated with the preparation, filing, maintenance of the patent applications and patents included in the Patent Rights that are not Underlying Patent Rights. If requested by Licensee, Juniper shall communicate to MGH (or request that MGH allow Licensee to communicate directly with MGH) Licensee’s requests to seek patent protection of any Underlying Patent Rights in any country within the License Territory in which MGH is not prosecuting such Patent Rights (including seeking patent term adjustments, patent term extensions, supplemental patent protection or related extension of rights), and shall use commercially reasonable efforts to advocate on Licensee’s behalf with respect to such requests, if applicable.

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