Common use of Patents and Other Intellectual Property Clause in Contracts

Patents and Other Intellectual Property. 9.1. Intellectual property rights to Licensed Technology such as Patent(s), patent(s), and Copyrights which may be obtainable will remain the property of Carnegie Mellon. Trademarks existing on the Effective Date belong to Carnegie Mellon. 9.2. Within thirty (30) days of the Effective Date, Licensee shall make a one-time payment to Carnegie Mellon of fifty-three thousand seven hundred ninety-two dollars and fifty cents (US$53,792.50) for patenting and other intellectual property protection costs incurred by Carnegie Mellon prior to the Effective Date and relating to the Licensed Technology. Thereafter, Licensee shall pay for or reimburse Carnegie Mellon for all fees and expenses related to future Patent expenses, within thirty (30) days of receipt of each notification or b▇▇▇. 9.3. Carnegie Mellon has applied for, and/or will apply for and prosecute Patent coverage in any country if so requested by Licensee, at Licensee’s sole expense, for any and all Patents to the extent that such protection is reasonably obtainable. 9.4. Carnegie Mellon may, at its option and sole discretion and at its own expense pursue patent, copyright and/or trademark rights for Licensed Technology in any country for which coverage has not been requested by Licensee in accordance with Subsection 9.3 herein. If Licensee does not reimburse Carnegie Mellon for such amounts within thirty (30) days of the receipt of each notification or b▇▇▇ therefor, then Licensee shall have no rights relating to same in that country. 9.5. No less than forty-five (45) days before instituting any legal proceeding contesting the validity or enforceability or use of a license granted hereunder, Licensee shall give written notice to Carnegie Mellon of its intention to bring such a challenge and a detailed description of the legal and factual basis for such a challenge to preserve Carnegie Mellon’s ability to have any such challenge proceed in a forum convenient for Carnegie Mellon and to assist the parties in seeking to resolve the dispute without the need for judicial action. 9.6. In prosecution and maintenance of the Patents, Carnegie Mellon shall provide to Licensee drafts of any responses to advisory actions, office actions, amendments or the like in advance for Licensee to review and comment. Carnegie Mellon shall consider in good faith all comments made by Licensee.

Patents and Other Intellectual Property. 9.1. Intellectual property rights to Licensed Technology such as Patent(s), patent(s), and Copyrights copyrights which may be obtainable will remain the property of Carnegie Mellon. Trademarks existing on the Effective Date belong to Carnegie Mellon. 9.2. Within thirty Carnegie Mellon shall initially advance the cost of all Patent expenses and fees for U.S. Patent Application Number 10/391,458; US Patent Application Number 11/495,115; PCT/US06/29754; US Patent Application Number 60/852,368; or 60/961,580. (30associated with Carnegie Mellon Invention Disclosures, “Method and Apparatus for Printing 3D Fibrin Matrices,” “Method and Apparatus for Printing 3D Matrices In-Situ,” “Method and Apparatus for Manufacturing Autologous Plastics,” and “Plasma-Based Plastics”) days of up to and including the Patent Cooperation Treaty (PCT) and PCT, Chapter II. Licensee shall reimburse Carnegie Mellon for all such Patent expenses and fees at the earlier of: (i) three (3) years from the Effective Date, Licensee shall make (ii) the closing date of a one-time payment to Carnegie Mellon Change of fifty-three thousand seven hundred ninety-two dollars and fifty cents Control Event or (US$53,792.50iii) for international patents, from the start of expenses for patenting and other intellectual property protection costs incurred by Carnegie Mellon prior to outside the Effective Date and relating to the Licensed TechnologyUSA. Thereafter, Licensee shall pay for or reimburse Carnegie Mellon for all fees and expenses related to future Patent Patenting expenses, within thirty (30) days of receipt of each notification Notification or b▇▇▇bill. 9.3. Carnegie Mellon has applied for, and/or will apply for and prosecute Patent coverage in any country if so requested by Licensee, at Licensee’s sole expense, for any and all Patents to the extent that such protection is reasonably obtainable. 9.4. Carnegie Mellon may, at its option and sole discretion and at its own expense pursue patent, copyright and/or trademark rights for Licensed Technology in any country for which coverage has not been requested by Licensee in accordance with Subsection 9.3 hereinabove. If Licensee does not reimburse Carnegie Mellon for such amounts within thirty (30) days of the receipt of each notification or b▇▇▇ bill therefor, then Licensee shall have no rights relating to same in that country. 9.5. No less than fortyLicensee acknowledges and agrees that Licensee shall not, directly or indirectly, initiate or participate in any re-five (45) days before instituting any examination of, opposition to, or legal proceeding contesting challenge to the validity or enforceability of, the Patents in any court or use of a license granted hereunder, Licensee shall give written notice to Carnegie Mellon of its intention to bring such a challenge and a detailed description of the legal and factual basis for such a challenge to preserve Carnegie Mellon’s ability to have before any such challenge proceed in a forum convenient for Carnegie Mellon and to assist the parties in seeking to resolve the dispute without the need for judicial actionadministrative body (including any patent authorities). 9.6. In prosecution and maintenance of the Patents, Carnegie Mellon shall provide to Licensee drafts of any responses to advisory actions, office actions, amendments or the like in advance for Licensee to review and comment. Carnegie Mellon shall consider in good faith all comments made by Licensee.