Common use of Intellectual Property Prosecution and Maintenance Clause in Contracts

Intellectual Property Prosecution and Maintenance. Depomed shall use commercially reasonable efforts to prosecute and maintain the Depomed intellectual property in the Territory related to any Product Promoted pursuant to this Agreement (a “Promoted Product”) or its use, including patents, the Depomed Trademarks and any copyrights associated with the Promotional Materials (subject, in the case of the 1000mg Product, to Depomed’s rights in respect of intellectual property under the BLS Agreements). Depomed shall make available to Santarus (or its designated counsel) copies of such patent application files and shall make available to Santarus (or its designated counsel) all office actions relating to any Promoted Product wherein at least one (1) claim is directed to the Promoted Product in those patent applications, and copies of material correspondence with the U.S. Patent and Trademark Office relating to such patent applications to the extent they relate to the Promoted Product or its use. Santarus shall have the right to comment upon the prosecution of such patent applications (subject, in the case of the 1000mg Product, to Depomed’s rights in respect of intellectual property under the BLS Agreements). Depomed shall, in good faith, consider such comments of Santarus. In addition, Depomed shall keep Santarus reasonably informed regarding material developments relating to the prosecution, maintenance or enforcement of Depomed’s intellectual property rights related to any Promoted Product outside the Territory that could reasonably be expected to have a material impact on Depomed’s intellectual property rights related to the Promoted Product in the Territory.

Intellectual Property Prosecution and Maintenance. Depomed shall use commercially reasonable efforts to prosecute and maintain the Depomed intellectual property in the Territory related to any Product Promoted pursuant to this Agreement (a “Promoted Product”) or its use, including patents, the Depomed Patent Rights and the Depomed Trademarks and any copyrights associated with the Promotional Materials (subject, in the case of the 1000mg Product, to BLS’s rights and Depomed’s rights obligations in respect of intellectual property under the BLS Agreements). Depomed shall make available to Santarus (or its designated counsel) copies of such patent application files and shall make available to Santarus (or its designated counsel) all office actions relating to any Promoted Product (or a proposed Generic Version thereof) wherein at least one (1) claim is directed to the Promoted Product (or a proposed Generic Version thereof) in those patent applications, and copies of material correspondence with the U.S. Patent and Trademark Office relating to such patent applications to the extent they relate to the Promoted Product (or a proposed Generic Version thereof) or its use. Santarus shall have the right to comment upon the prosecution of such patent applications (subject, in the case of the 1000mg Product, to BLS’s rights and Depomed’s rights obligations in respect of intellectual property under the BLS Agreements). Depomed shall, in good faith, consider such comments of Santarus. In addition, Depomed shall keep Santarus reasonably informed regarding material developments relating to the prosecution, maintenance or enforcement of Depomed’s intellectual property rights related to any Promoted Product inside or outside the Territory that could would reasonably be expected to have a material impact on Depomed’s intellectual property rights related to the Promoted Product in the Territory.