Common use of OREXIGEN INTELLECTUAL PROPERTY Clause in Contracts

OREXIGEN INTELLECTUAL PROPERTY. OREXIGEN will have the first right, using in-house or outside legal counsel selected by OREXIGEN at its sole discretion, to prepare, file, prosecute, maintain and extend patent applications and patents included in the PRE-COLLABORATION OREXIGEN INTELLECTUAL PROPERTY and COLLABORATION OREXIGEN INTELLECTUAL PROPERTY in countries of OREXIGEN’s choosing. OREXIGEN will bear all costs relating to such activities. OREXIGEN will solicit CYPRESS’s advice and review of such patent applications and all substantive prosecution actions, and OREXIGEN will take into consideration CYPRESS’s advice thereon. If OREXIGEN elects not to prepare, file, prosecute or maintain certain of such patent applications or patents or certain claims encompassed within such patent applications or patents, in one or more countries, OREXIGEN will give CYPRESS notice thereof within a reasonable period prior to allowing such patent applications, patents or claims to lapse or become abandoned or unenforceable, and, subject to any rights of Duke University with respect to the DUKE PATENT RIGHTS, CYPRESS will thereafter have the right, at its sole expense and discretion, to prepare, file, prosecute and maintain such patent applications and patents in such one or more countries and furthermore, OREXIGEN shall take all actions to have such rights assigned to CYPRESS. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.