Common use of Collaboration Joint Intellectual Property Clause in Contracts

Collaboration Joint Intellectual Property. All rights and title and interest in and to Collaboration Joint Intellectual Property, whether patentable or copyrightable or not, will belong jointly to ABG and deCODE and will be subject to the terms and conditions of this Agreement. Each Party will have the right to independently utilize the Collaboration Joint Intellectual Property, without accounting to the other Party, only to the extent that the utilization of the Collaboration Joint Intellectual Property by ABG does not require rights under Background deCODE Intellectual Property, Collaboration deCODE Intellectual Property, or any other Intellectual Property Rights owned by, either partially or wholly, or licensed to deCODE, and that utilization of the Collaboration Joint Intellectual Property by deCODE does not require rights under Background ABG Intellectual Property, Collaboration ABG Intellectual Property, or any other Intellectual Property Rights owned by, either partially or wholly, or licensed to ABG. Additionally, each Party will have the right but not the obligation to bring, at its own expense, an infringement action against any third party under its interest in Collaboration Joint Intellectual Property, subject to the same limitations set forth above with EXECUTION COPY respect to the utilization of the Collaboration Joint Intellectual Property by deCODE or ABG. The Parties will assist one another and cooperate in any such litigation at the other's reasonable request, and, if a Party is necessary in order to institute or maintain an infringement suit by the other Party as defined by law, that Party agrees to be joined in the suit.

Collaboration Joint Intellectual Property. All rights and rights, title and interest in and to Collaboration Joint Intellectual Property, whether patentable or copyrightable or not, will belong jointly to ABG ABI and deCODE Cepheid and will be subject to the terms and conditions of this Agreement. Each Party will have the right to independently utilize practice the Collaboration Joint Intellectual Property, without accounting to the other Party, only to the extent that the utilization practice of the Collaboration Joint Intellectual Property by ABG ABI does not require rights under Background deCODE Intellectual Property, Collaboration deCODE Cepheid Intellectual Property, or any other Intellectual Property Rights owned by, either partially or wholly, or licensed to deCODECepheid (other than by ABI), and that utilization practice of the Collaboration Joint Intellectual Property by deCODE Cepheid does not require rights under Background ABG Intellectual Property, Collaboration ABG ABI Intellectual Property, or any other Intellectual Property Rights The symbol [***] is used to indicate that a portion of the exhibit has been omitted and filed separately with the commission. Confidential treatment has been requested with respect to the omitted portion. owned by, either partially or wholly, or licensed to ABGABI (other than by Cepheid). Additionally, each Party will have the right but not the obligation to bring, at its own expense, an infringement action against any third party Third Party under its interest in Joint Collaboration Joint Intellectual Property, subject to the same limitations set forth above with EXECUTION COPY respect to the utilization practice of the Joint Collaboration Joint Intellectual Property by deCODE Cepheid or ABGABI. The Parties will assist one another and cooperate in any such litigation at the other's ’s reasonable request, and, if a Party is necessary in order to institute or maintain an infringement suit by the other Party as defined by law, that Party agrees to be joined in the suit, at the expense or the prosecuting Party.

Collaboration Joint Intellectual Property. All rights and rights, title and interest in and to Collaboration Joint Intellectual Property, whether patentable or copyrightable or not, will belong jointly to ABG ABI and deCODE Cepheid and will be subject to the terms and conditions of this Agreement. Each Party will have the right to independently utilize practice the Collaboration Joint Intellectual Property, without accounting to the other Party, only to the extent that the utilization practice of the Collaboration Joint Intellectual Property by ABG ABI does not require rights under Background deCODE Intellectual Property, Collaboration deCODE Cepheid Intellectual Property, or any other Intellectual Property Rights owned by, either partially or wholly, or licensed to deCODECepheid (other than by ABI), and that utilization practice of the Collaboration Joint Intellectual Property by deCODE Cepheid does not require rights under Background ABG Intellectual Property, Collaboration ABG ABI Intellectual Property, or any other Intellectual Property Rights owned by, either partially or wholly, or licensed to ABGABI (other than by Cepheid). Additionally, each Party will have the right but not the obligation to bring, at its own expense, an infringement action against any third party Third Party under its interest in Joint Collaboration Joint Intellectual Property, subject to the same limitations set forth above with EXECUTION COPY respect to the utilization practice of the Joint Collaboration Joint Intellectual Property by deCODE Cepheid or ABGABI. The Parties will assist one another and cooperate in any such litigation at the other's reasonable request, and, if a Party is necessary in order to institute or maintain an infringement suit by the other Party as defined by law, that Party agrees to be joined in the suit, at the expense or the prosecuting Party.