Common use of Maintenance of Licensed Patents Clause in Contracts

Maintenance of Licensed Patents. Subject to Section 2.1 and the terms of this Section 2.3, ILEX shall prosecute and maintain in the Territory, using outside patent counsel mutually agreed to, **** cost and expense, all patents and patent applications set forth on Exhibit A, using professional and diligent efforts. For purposes of the preceding sentence, the Parties agree that the law firm of Fulbright and ▇▇▇▇▇▇▇▇ is mutually agreeable as of the Effective Date, provided that each Party retains the right to object to the use of such firm in the event circumstances change. For patent costs and expenses incurred for calendar year 2003 for Licensed Patents, the parties shall ****, provided, however, that if Licensee returns to ILEX or otherwise loses its rights to a Licensed Patent in one or more jurisdictions, then the parties shall **** only for the period of time prior to such return or loss of rights. If Licensee notifies ILEX in writing that it is no longer pursuing research or development of one or more Licensed Compounds claimed in a Licensed Patent, but is pursuing research or development of other Licensed Compounds claimed therein, and ILEX desires to pursue research and development of such Licensed Compounds then the parties shall thereafter **** the cost of filing, prosecution and maintenance of such Licensed Patent in all jurisdictions. Licensee shall have the right to direct such prosecution and maintenance. In the event Licensee determines not to prosecute a patent in any jurisdiction in the Territory, Licensee shall notify ILEX in writing. ***************************************** ****************** shall cease effective the date of such written notice. At Licensee's option, Licensee shall have the right to assume responsibility for the prosecution and maintenance of all patents and patent applications listed on Exhibit A, including all corresponding foreign patents and patent applications as Licensee shall deem necessary to file, prosecute and maintain.

Maintenance of Licensed Patents. Subject to Section 2.1 and the terms of this Section 2.3, ILEX shall prosecute and maintain in the Territory, using outside patent counsel mutually agreed to, **** cost and expense, all patents and patent applications set forth on Exhibit A, using professional and diligent efforts. For purposes of the preceding sentence, the Parties agree that the law firm of Fulbright and ▇▇▇▇▇▇▇▇ is mutually agreeable as of the Effective Date, provided that each Party retains the right to object to the use of such firm in the event circumstances change. For patent costs and expenses incurred for calendar year 2003 for Licensed Patents, the parties shall ****, provided, however, that if Licensee returns to ILEX or otherwise loses its rights to a Licensed Patent in one or more jurisdictions, then the parties shall **** only for the period of time prior to such return or loss of rights. If Licensee notifies ILEX in writing that it is no longer pursuing research or development of one or more Licensed Compounds claimed in a Licensed Patent, but is pursuing research or development of other Licensed Compounds claimed therein, and ILEX desires to pursue research and development of such Licensed Compounds then the parties shall thereafter **** the cost of filing, prosecution and maintenance of such Licensed Patent in all jurisdictions. Licensee shall have the right to direct such prosecution and maintenance. In the event Licensee determines not to prosecute a patent in any jurisdiction in the Territory, Licensee shall notify ILEX in writing. ***************************************** ****************** Licensee's obligation to pay for the cost and expense of prosecuting or maintaining any such patent shall cease effective the date of such written notice. At Licensee's option, Licensee shall have the right to assume responsibility for the prosecution and maintenance of all patents and patent applications listed on Exhibit A, including all corresponding foreign patents and patent applications as Licensee shall deem necessary to file, prosecute and maintain.