Certain Patent Matters Clause Samples

Certain Patent Matters. To its knowledge, the Grantor does not lack any material rights or licenses to use the Patents or to make, have made, use, sell, or offer for sale the claimed subject matter of the Patents. To the knowledge of the Grantor, there are no facts which would form a basis for a finding that any of the claims of the Patents is unpatentable, unenforceable or invalid. To the knowledge of the Grantor, there are no pending U.S. or foreign patent applications which, if issued, would limit or prohibit the ability of the Grantor or the Collateral Agent to make, have made, use, sell, or offer for sale the claimed subject matter of the Patents.
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Certain Patent Matters. With regard to [*] set forth in [*] (collectively the [*]), Affymax shall keep [*], and shall [*], to the extent consistent with Affymax's [*].
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Certain Patent Matters. With regard to [*] set forth in [*] including any matters derived from or related thereto (collectively the [*]), Affymax shall keep [*], and shall [*] where practicable and to the extent consistent with Affymax's [*]; provided, however, that Affymax [*] [*] that would [*] in Hematide, the Peptide, [*] and the Product. Notwithstanding anything to the contrary in this Agreement, Affymax shall be [*] of the [*] at [*], and the [*] associated with the [*] with respect to the Development and Commercialization of the Product in the Licensed Territory hereunder shall be [*] in accordance with [*]; provided, that any [*] Affymax [*] shall [*], and [*], shall be [*].
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Certain Patent Matters. The Company represents that certain of its intellectual property is licensed to it by the University of Florida Research Foundation (the "UFRF"). The Company agrees to comply with its royalty and other contractual obligations to UFRF in order to maintain its rights to the intellectual property licensed by UFRF, in each case to the extent it is commercially reasonable for the Company to do so.
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Certain Patent Matters. To ensure that the ---------------------- manufacturing processes and the technology developed under this Agreement shall not infringe the rights (including any patent or other proprietary rights) of any third parties, Cheminor and Schein shall jointly investigate such matters with regard to each Finished Dosage Form Product and Cheminor Bulk Substance in each jurisdiction included in the Schein Market or the Cheminor Market, as the case may be, with respect to that Finished Dosage Form Product and Cheminor Bulk Substance, and shall keep each other informed of all Finished Dosage Form Product and Cheminor Bulk Substance and process characteristics relevant to any infringement analysis. A patent evaluation of a Finished Dosage Form Product and/or Cheminor Bulk Substance to be used in the manufacture of a Finished Dosage Form Product shall be conducted and completed prior to the start of definitive biostudies (or the equivalent) for such Finished Dosage Form Product. Cheminor and Schein shall monitor the relevant patents for each Finished Dosage Form Product and Cheminor Bulk Substance in each jurisdiction that is the subject of this Agreement and shall promptly notify each other of any events, developments or any other information or knowledge that comes into its possession or to which it has access which may have any potential for claim of infringement of any such patent by virtue of the transactions contemplated hereby. In connection with any patent evaluation contemplated by this Section 5.3, Cheminor shall provide Schein with a description of its manufacturing process for each Cheminor Bulk Substance and each Cheminor Dosage Form Product and Schein shall provide Cheminor with a description of its manufacturing process for each Schein Dosage Form Product. Reasonably promptly after completion of any patent evaluation of a Finished Dosage Form Product or Cheminor Bulk Substance and in no event later than the start of definitive biostudies for a Finished Dosage Form Product, Schein and Cheminor will inform each other whether the results of the evaluation are satisfactory to each of them, and either party shall have the right to terminate the Schein Distribution Right or the Cheminor Distribution Right, as applicable, with respect to that Finished Dosage Form Product (and including, if any, Cheminor Bulk Substance used in such Product) without penalty, if in its discretion, it determines that the results are not satisfactory.
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Certain Patent Matters. Sensormatic shall not assert the Pinned Wall Patent Rights against Knewco or any of its Affiliates of which it owns a majority of the voting power, or customers, with respect to the manufacture, sale or use of SuperStrip material in the Knewco Territory for use in the Knewco Territory. The foregoing agreement shall not apply to any successor or assign of Knewco, or any licensee or sublicensee of Knewco (other than for the purpose of having SuperStrip made for Knewco or an Affiliate referred to in the preceding sentence for sale and use in accordance with the limitations applicable to Knewco under this Agreement and the Divestiture Agreement), and shall terminate and become void in the event of a Change of Control of Knewco.
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Certain Patent Matters. The Company represents that certain of its intellectual property is licensed to it by the University of Florida Research Foundation (the "UFRF"). The Company hereby agrees to increase its level of review and participation in the prosecution of the patent rights licensed to it by the UFRF, and to take any and all actions necessary to insure that the patent rights of UFRF licensed to the Company are properly protected and licensable to the Company in a manner consistent with, and in furtherance of, its contractual rights and obligations with UFRF. In addition, the Company agrees to comply with its royalty and other contractual obligations to UFRF in order to maintain its rights to the intellectual property licensed by UFRF, in each case to the extent it is commercially reasonable for the Company to do so.
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Certain Patent Matters. 9.1 Progenics shall have the right but not the obligation to maintain and prosecute at its expense, patent rights constituting Progenics Intellectual Property Rights. If Progenics decides not to pursue patent protection at any time for any Progenics Intellectual Property Rights subject to this agreement in any country, it shall give reasonable notice to Roche to this effect and Roche shall have the right but not the obligation at its expense to prosecute and maintain such patent protection with respect to such Progenics Intellectual Property Rights in such country. In such case, Roche shall have the right to apply royalty reduction to Progenics as to out-of-pocket expenses reasonably incurred by Roche in maintaining and prosecuting such patents in such countries. 9.2 Roche shall have the right but not the obligation. to maintain, prosecute at its expense, patent rights constituting Roche Intellectual Property Rights, subject to this agreement. If Roche decides not to pursue patent protection at any time for such Roche Intellectual Property Rights in any country, it shall give reasonable notice to Progenics to this effect, and Progenics shall have the right, but not the obligation, at its expense, to prosecute and maintain such patent protection with respect to such Roche intellectual Property Rights in such country. In such case, Progenics shall have the right to apply royalty reduction to Roche as to out-of-pocket expenses reasonably incurred by Progenics in maintaining and prosecuting such patents in such countries. 9.3 Provisions regarding the enforcement of patents covering either the Progenics Intellectual Property Rights or the Roche Intellectual Property Rights will be addressed in the full Agreement.
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Related to Certain Patent Matters

  • Patent Matters 4.1 Licensor shall have the right, but not the obligation, to prosecute and maintain all Patents to be issued pertaining to the Patent applications licensed in Exhibit A at its cost and expense. Licensor shall keep licensee reasonably apprised of all relevant actions regarding the status of such patents. 4.2 Each Party shall notify the other Party of any infringement of any intellectual property rights with regard to the License IP or a Licensed Product by a third party in the Field which becomes known to such Party, and of any claim of infringement by a third party that the activities of a Party infringe patent rights of such third party. Licensor shall have has sole responsibility and control of legal action relating to claims of infringement with respect to the Licensed Technology. 4.3 Licensor shall have the first right, but not an obligation, to initiate, maintain and control, at Licensor’s expense, legal action against any infringement of intellectual property rights relating to the Licensed Technology by a third party in the Field. 4.4 In any suit, proceeding or dispute involving infringement of any intellectual property rights relating to the License IP in the Field, the Parties shall provide each other with reasonable cooperation shall make available to each other , at reasonable times and under appropriate conditions, all relevant personnel, records, papers, information, samples, specimens, and the like in its possession.

  • Prosecution of Patents (a) The Licensor shall be solely responsible for preparing, prosecuting and maintaining the BENTLEY Patents. (b) Each Party shall cooperate with the other Party to execute all required papers and instruments and to make all required oaths and declarations as may be necessary in the preparation and prosecution of all such patents and other applications and protections referred to in this Section 9.1.

  • Prosecution and Maintenance of Patent Rights (a) Subject to commercially appropriate and reasonable efforts (subject to oversight by the Advisory Committee), Genetronics shall at its own expense and by counsel of its own choice, file, prosecute and maintain all patent applications and patents within the Genetronics Patent Rights and any inventions conceived of and reduced to practice solely by its employees and agents hereunder. Genetronics shall do everything commercially appropriate and reasonable (subject to oversight by the Advisory Committee), including without limitation filing all documents and paying all fees to the appropriate patent offices to maintain the patents and pending patent applications in effect. Genetronics agrees to promptly provide Ethicon with copies of all correspondence to and from the patent offices related to the pending patent applications within the Genetronics Patent Rights. Ethicon shall have the right to provide comments to Genetronics regarding the content of such correspondence, and to comment thereon. Genetronics shall consider all such comments offered by Ethicon; provided, that all final decisions with respect to such prosecution shall rest solely in the discretion of Genetronics. In the event that Genetronics desires to abandon any such patent application or patent within the Genetronics Patent Rights, or if Genetronics later declines to prosecute or maintain any such patent application or patent, Genetronics shall provide reasonable prior written notice to Ethicon of such intention and Ethicon shall have the right, but not the obligation at its own expense, to file, prosecute, and maintain such patent application or patent, which Genetronics shall assign to Ethicon and shall no longer be subject to the terms of this Agreement. (b) The Advisory Committee shall determine which party shall be responsible for the filing, prosecution and maintenance of patent applications and patents within the Joint Patent Rights on a case by case basis, with the understanding that it is the parties' intent that Genetronics shall be initially responsible for the filing, prosecution and maintenance of patent applications and patents within the Joint Patent Rights related to the Drug Delivery System. In the event that a party responsible for the filing, prosecution and maintenance of any patent application or patent within the Joint Patent Rights desires to abandon such patent application or patent, or if such party later declines responsibility for such patent application or patent, such party shall provide reasonable prior written notice to the other party of its intention to abandon or decline responsibility, and the other party shall have the right, but not the obligation, to prepare, file, prosecute, and maintain any such patent application or patent within the Joint

  • Enforcement of Patent Rights 2.10.1 If either party hereto learns at any time of any infringement or threatened infringement by any other person of any enforceable Patent Rights owned by or licensed to the other party after the Effective Date, that party shall give notice of that infringement or threatened infringement to the other party. The parties shall then consult together as to the best course of action to pursue in response to such potential infringement, but neither party shall be obligated to institute legal action at its own expense. A good faith failure by one party to provide such notice to the other party shall not be deemed a breach of this Agreement and shall not give rise to a right of action by other party. 2.10.2 In the event that the parties do not reach an agreement as contemplated by Section 2.10.1 hereof as to the best course of action to pursue with respect to a potential infringement (i) Licensor shall have the right, but not the obligation, to institute legal action, through counsel of its own choosing and at its sole expense, to restrain any infringement or threatened infringement, or to recover damages therefor, of its enforceable Patent Rights, and (ii) Licensee shall have the right, but not the obligation, to institute legal action, through counsel of its own choosing and at its sole expense, to restrain any infringement or threatened infringement, or to recover damages therefor, of its enforceable Patent Rights in the Licensed Field. The party that bears the expenses of pursuing legal action against a third party infringer shall be entitled to any damages, lost profits or other monies recovered by judgment, decree, settlement, arbitration or otherwise, resulting from such legal action. 2.10.3 In the event that one party elects to institute legal action against a third party infringer, the other party shall fully cooperate in the prosecution of such action including joining as a party in suit when necessary to acquire standing to institute legal action pursuant to this Section 2.10; provided, however, that such other party shall be reimbursed for all reasonable out-of-pocket expenses incurred in providing such cooperation including its reasonable legal fees and expenses. The electing party shall reimburse the other party for all such expenses within thirty (30) days after its receipt of an invoice from the other party that describes such expenses in reasonable detail, with supporting documentation as appropriate.

  • INFRINGEMENT AND PATENT ENFORCEMENT 11.01 PHS and Licensee agree to notify each other promptly of each infringement or possible infringement of the Licensed Patent Rights, as well as any facts which may affect the validity, scope, or enforceability of the Licensed Patent Rights of which either Party becomes aware. 11.02 Pursuant to this Agreement and the provisions of Chapter 29 of title 35, United States Code, Licensee may: a) bring suit in its own name, at its own expense, and on its own behalf for infringement of presumably valid claims in the Licensed Patent Rights; b) in any such suit, enjoin infringement and collect for its use, damages, profits, and awards of whatever nature recoverable for such infringement; and c) settle any claim or suit for infringement of the Licensed Patent Rights provided, however, that PHS and appropriate Government authorities shall have the first right to take such actions. If Licensee desires to initiate a suit for patent infringement, Licensee shall notify PHS in writing. If PHS does not notify Licensee of its intent to pursue legal action within ninety (90) days, Licensee will be free to initiate suit. PHS shall have a continuing right to intervene in such suit. Licensee shall take no action to compel the Government either to initiate or to join in any such suit for patent infringement. Licensee may request the Government to initiate or join in any such suit if necessary to avoid dismissal of the suit. Should the Government be made a party to any such suit, Licensee shall reimburse the Government for any costs, expenses, or fees which the Government incurs as a result of such motion or other action, including any and all costs incurred by the Government in opposing any such motion or other action. In all cases, Licensee agrees to keep PHS reasonably apprised of the status and progress of any litigation. Before Licensee commences an infringement action, Licensee shall notify PHS and give careful consideration to the views of PHS and to any potential effects of the litigation on the public health in deciding whether to bring suit.