Common use of Prosecution of Patents Clause in Contracts

Prosecution of Patents. (a) Subject to Section 8.3(b), as between the Parties, Allos shall have the sole right to prepare, file, prosecute and maintain Allos Patents, Joint Patents and Mundipharma Patents (collectively, the “Allos Prosecuted Patents”). As between the Parties, [ * ] shall bear all costs incurred by Allos in connection with the preparation, filing, prosecution or maintenance of any Allos Prosecuted Patent in the Allos Territory. Prior to any filing or extension, Allos shall provide Mundipharma reasonable opportunity to review and comment on such prosecution efforts regarding the Allos Prosecuted Patents (including the PDX Patents, to the extent the PDX Licensor consults with Allos and provides Allos the right to review and comment on the same, in each case as is required pursuant to section 8.2 of the PDX License Agreement) as follows: Allos shall promptly provide Mundipharma with copies of all material communications from any patent authority regarding the Allos Prosecuted Patents, and shall provide Mundipharma, for its review and comment, with drafts of any material filings or responses to be made to such patent authorities in a reasonable amount of time in advance of submitting such filings or responses. Allos shall consider in good faith any reasonable comments thereto provided by Mundipharma in connection with the prosecution of the Allos Prosecuted Patents. Each Party shall provide the other Party all reasonable assistance and cooperation in the patent prosecution efforts provided in this Section 8.3(a), including executing any other required documents or instruments for such prosecution. (b) Except with respect to the PDX Patents, if Allos decides anywhere in the Licensed Territory to abandon any Allos Prosecuted Patent or not to apply for an extension of any Allos Prosecuted Patent, including a supplementary protection certificate or equivalent thereof, Mundipharma shall have the right to assume Allos’ rights and responsibilities under this Section 8.3 with respect to such Allos Prosecuted Patent, and in connection with assuming such [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. rights and responsibilities, Mundipharma shall be entitled to apply for any such extension (including a supplementary protection certificate or equivalent thereof) and Mundipharma shall thereafter become responsible for the prosecution and maintenance of such Allos Prosecuted Patent in the Licensed Territory. With respect to any PDX Patent, the foregoing shall apply only if and to the extent that Allos assumes responsibility and control (after consultation with Mundipharma as to whether to assume such responsibility or control) of the prosecution and maintenance of such PDX Patent in accordance with the PDX License Agreement.

Prosecution of Patents. (a) Subject Fluidigm, through patent attorneys or agents of its choice reasonably acceptable to Section 8.3(b)Novartis, as between the Parties, Allos shall have the sole right right, but not obligation, to prepare, filefile and maintain the Core Fluidigm Patents throughout the Territory. Schedule 9.2(c) specifies the countries in which Fluidigm has filed or intends to prepare and file applications for each Core Fluidigm Patent. Novartis shall have the right, on timely written notice to Fluidigm, to require Fluidigm to prepare and file an applications for Core Fluidigm Patents in any other particular country(ies), unless Fluidigm objects that such action would be unreasonable, including where taking such action could affect the scope, validity or enforceability of any Core Fluidigm Patent. Fluidigm shall prosecute and maintain Allos the Core Fluidigm Patents, Joint Patents and Mundipharma Patents (collectivelyapplications therefor, in accordance with its customary, reasonable procedures therefor. Novartis shall have the “Allos Prosecuted Patents”)right, on timely written notice to Fluidigm, to require Fluidigm to take additional reasonable actions with respect to such prosecution and maintenance, unless Fluidigm objects that such action would be unreasonable, including where taking such action could affect the scope, validity or enforceability of any Core Fluidigm Patent. As between the Parties, [ * ] shall bear All costs and expenses of all costs incurred by Allos in connection with the such additional Core Fluidigm Patent preparation, filing, prosecution or and maintenance shall be reimbursed and borne solely by Novartis. Novartis shall, and shall cause its respective Affiliates to, as applicable, assist and cooperate with Fluidigm in filing, prosecuting and maintaining any Core Fluidigm Patent under this Section 5.2. Each party shall bear its own expenses under this Section 5.2. Fluidigm shall consult with Novartis as to the strategy and prosecution and maintenance of Core Fluidigm Patents and applications under this Section 5.2. Fluidigm shall cause its patent attorneys or agents to consult with Novartis (so far as practicable) on all issues relating to the filing, prosecution (including any Allos Prosecuted Patent in interferences, reissue proceedings and re-examinations) and maintenance of the Allos TerritoryCore Fluidigm Patents. Prior to any filing or extension, Allos Fluidigm shall provide Mundipharma reasonable Novartis with sufficient opportunity to review and comment on such prosecution efforts regarding the Allos Prosecuted Patents (including the PDX Patentsnature and text of new or pending applications, to the extent the PDX Licensor consults amendments, registrations, filing, submissions, pleadings, responses or correspondence with Allos and provides Allos the right to review and comment on the same, in each case as is required pursuant to section 8.2 of the PDX License Agreement) as follows: Allos shall promptly provide Mundipharma with copies of all material communications from any patent authority regarding the Allos Prosecuted Patents, and shall provide Mundipharma, for its review and comment, with drafts of any material filings or responses to be made to such patent authorities in a reasonable amount of time in advance of submitting such filings or responses. Allos shall consider in good faith any reasonable comments thereto provided by Mundipharma in connection with the prosecution of the Allos Prosecuted Patents. Each Party shall provide the other Party all reasonable assistance and cooperation in the patent prosecution efforts provided in this Section 8.3(a), including executing any other required documents or instruments for such prosecution. (b) Except with respect to the PDX Core Fluidigm Patents, if Allos decides anywhere and Fluidigm shall accede to reasonable requests of Novartis regarding the filing, registration and prosecution of the Core Fluidigm Patents. Fluidigm shall (A) notify Novartis as early as reasonably practicable in the Licensed Territory to abandon advance of all meetings and significant communications with any Allos Prosecuted Patent or not to apply for an extension of any Allos Prosecuted Patent, including a supplementary protection certificate or equivalent thereof, Mundipharma shall have the right to assume Allos’ rights [***] Information has been omitted and responsibilities under this Section 8.3 with respect to such Allos Prosecuted Patent, and in connection with assuming such [ * ] = Certain confidential information contained in this document, marked by brackets, is filed separately with the Securities and Exchange Commission pursuant Commission. Confidential treatment has been requested with respect to Rule 24b-2 the omitted portions. patent authorities concerning the Core Fluidigm Patents and shall permit Novartis to participate in such meetings, (B) promptly prepare and deliver to Novartis complete and accurate minutes of any such meeting or communications, and (C) promptly forward to Novartis copies of all office actions and written communications received from any patent authorities with respect to the Securities Exchange Act of 1934Core Fluidigm Patents and upon receipt therefrom. Novartis shall have the right, as amendedat its sole expense, to make decisions regarding patent term extensions, including supplementary protection certificates and any other extensions that are available now or become available in the future on Novartis Licensed Products, wherever applicable, for the Core Fluidigm Patents, in any country. For any Core Fluidigm Patent owned by a Third Party, in whole or in part, (e.g., it is licensed to Fluidigm by a Third Party), Fluidigm shall use its reasonable best efforts to allow Novartis to exercise its rights under this Section 5.2, including (i) exercising its rights under any agreement with such Third Party, and responsibilities(ii) obtaining any consents required by Third Parties owning Core Fluidigm Patents licensed to Fluidigm in order for Novartis to exercise its rights under this Section 5.2. If Fluidigm does not have or is unable to secure such rights from such Third Party despite such efforts, Mundipharma Novartis’ rights under this Section 5.2 shall be entitled to apply for any such extension (including a supplementary protection certificate or equivalent thereof) and Mundipharma shall thereafter become responsible for the prosecution and maintenance of such Allos Prosecuted Patent in the Licensed Territory. With respect to any PDX Patent, the foregoing shall apply only if and limited to the extent that Allos assumes responsibility and control (after consultation with Mundipharma as to whether to assume such responsibility or control) of the prosecution rights of Fluidigm and maintenance of its Affiliates with respect to such PDX Patent in accordance with the PDX License AgreementCore Fluidigm Patent.

Prosecution of Patents. (a) Subject to Section 8.3(b9.3(b), as between the Parties, Allos shall have and after the sole right to Option exercise for a given Development Candidate, Licensee may prepare, file, prosecute and maintain Allos Patentspatents in any and all jurisdictions worldwide covering Licensee Inventions, Licensor Inventions and Joint Patents Inventions solely for patents which include claims directed specifically to any Collaboration Development Candidates and Mundipharma Patents do not include any claims covering any SNA Platform Technology Inventions (collectively, the “Allos Licensee Prosecuted Patents”). As between the Parties, [ * ] shall Licensee will bear and be solely responsible for all costs incurred by Allos after the Effective Date only in connection with the preparation, filing, prosecution or maintenance of any Allos Licensee Prosecuted Patent that it chooses to prepare, file, prosecute or maintain in the Allos Territory. Prior to Before any filing or extensionsubstantive prosecution filing, Allos shall Licensee will provide Mundipharma Licensor with a reasonable opportunity to review and comment on such prosecution efforts regarding the Allos Licensee Prosecuted Patents (including the PDX Patents, to the extent the PDX Licensor consults with Allos and provides Allos the right to review and comment on the same, in each case as is required pursuant to section 8.2 of the PDX License Agreement) as follows: Allos shall Licensee will promptly provide Mundipharma Licensor with copies of all material communications from any patent authority regarding the Allos Licensee Prosecuted Patents, and shall will provide MundipharmaLicensor, for its review and comment, with drafts of any material filings or responses to be made to such patent authorities in a reasonable amount of time in advance of submitting such filings or responses. Allos shall Licensee will consider in good faith any reasonable comments thereto provided by Mundipharma Licensor in connection with the prosecution of the Allos Licensee Prosecuted Patents. Each Party shall will provide the other Party all reasonable assistance and cooperation in the patent prosecution efforts provided in this Section 8.3(a9.3(a), including executing any other required documents or instruments for such prosecution. Notwithstanding the foregoing, (i) Licensor will be responsible for preparing, filing, prosecuting and maintaining any patents covering any Licensor Inventions and Joint Inventions prior to the Option exercise, including any costs associated therewith; (ii) Licensor will be responsible for preparing, filing, prosecuting and maintaining any patents covering SNA Platform Technology Inventions that are Licensor Inventions or Joint Inventions, including any costs associated therewith; and (iii) Licensor will be responsible for preparing, filing, prosecuting and maintaining any patents covering SNA Platform Technology Inventions that are Licensee Inventions, and all costs associated therewith, regardless of the Option exercise. Before any substantive prosecution filing for patents covering SNA Platform Technology Inventions by Licensor, Licensor will provide Licensee reasonable opportunity to review and comment with respect to such patents. Before any filing for patents covering SNA Platform Technology Inventions invented by Licensee, Licensor will provide Licensee reasonable opportunity to review and comment with respect to such patent filings. (b) Except with respect f Licensee decides not to the PDX Patentsprepare or file, if Allos decides anywhere in the Licensed Territory or to abandon abandon, any Allos Licensee Prosecuted Patent or not to apply for an extension of any Allos Licensee Prosecuted Patent, including a supplementary protection certificate or equivalent thereof, Mundipharma shall have anywhere in the right to Territory, Licensee will promptly notify Licensor and Licensor may assume Allos’ Licensee’s rights and responsibilities under this Section 8.3 9.3 with respect to such Allos Licensee Prosecuted Patent, and in connection with THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. assuming such [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. rights and responsibilities, Mundipharma shall be entitled to including responsibility for costs, Licensor may prepare, file, prosecute, maintain or apply for any such extension (including a supplementary protection certificate or equivalent thereof) and Mundipharma shall Licensor will thereafter become responsible for control the prosecution and maintenance of such Allos Licensee Prosecuted Patent in the Licensed Territory. With respect to any PDX Patent, the foregoing shall apply only if and to the extent that Allos assumes responsibility and control (after consultation with Mundipharma as to whether to assume such responsibility or control) of the prosecution and maintenance of such PDX Patent in accordance with the PDX License Agreement.

Prosecution of Patents. (a) Subject to Section 8.3(b), as between the Parties, Allos shall have the sole right to prepare, file, prosecute and maintain Allos Patents, Joint Patents and Mundipharma Patents (collectively, the “"Allos Prosecuted Patents”"). As between the Parties, [ * [*] shall bear all costs incurred by Allos in connection with the preparation, filing, prosecution or maintenance of any Allos Prosecuted Patent in the Allos Territory. Prior to any filing or extension, Allos shall provide Mundipharma reasonable opportunity to review and comment on such prosecution efforts regarding the Allos Prosecuted Patents (including the PDX Patents, to the extent the PDX Licensor consults with Allos and provides Allos the right to review and comment on the same, in each case as is required pursuant to section 8.2 of the PDX License Agreement) as follows: Allos shall promptly provide Mundipharma with copies of all material communications from any patent authority regarding the Allos Prosecuted Patents, and shall provide Mundipharma, for its review and comment, with drafts of any material filings or responses to be made to such patent authorities in a reasonable amount of time in advance of submitting such filings or responses. Allos shall consider in good faith any reasonable comments thereto provided by Mundipharma in connection with the prosecution of the Allos Prosecuted Patents. Each Party shall provide the other Party all reasonable assistance and cooperation in the patent prosecution efforts provided in this Section 8.3(a), including executing any other required documents or instruments for such prosecution. (b) Except with respect to the PDX Patents, if Allos decides anywhere in the Licensed Territory to abandon any Allos Prosecuted Patent or not to apply for an extension of any Allos Prosecuted Patent, including a supplementary protection certificate or equivalent thereof, Mundipharma shall have the right to assume Allos’ ' rights and responsibilities under this Section 8.3 with respect to such Allos Prosecuted Patent, and in connection with assuming such [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. rights and responsibilities, Mundipharma shall be entitled to apply for any such extension (including a supplementary protection certificate or equivalent thereof) and Mundipharma shall thereafter become responsible for the prosecution and maintenance of such Allos Prosecuted Patent in the Licensed Territory. With respect to any PDX Patent, the foregoing shall apply only if and to the extent that Allos assumes responsibility and control (after consultation with Mundipharma as to whether to assume such responsibility or control) of the prosecution and maintenance of such PDX Patent in accordance with the PDX License Agreement.

Prosecution of Patents. (a) Subject to Except as otherwise provided in this Section 8.3(b11.4(a), as between the Parties, Allos AIT Therapeutics shall have the sole right first right, but not the obligation, to prepare, file, prosecute and maintain Allos the AIT Therapeutics Patents and Improvement Patents at AIT Therapeutics’ own costs and expenses using counsel of its choosing. In the event AIT Therapeutics files any applications for any Improvement Patent respecting or claiming any Improvement, such filings shall include, but not be limited to, corresponding applications for Improvement Patents in the Territories; provided, however, that the costs associated with preparing, filing, prosecuting and maintaining any applications for any Improvement Patents in China, or any Improvement Patents issuing in China, shall be borne by Circassia, subject to the remaining terms and conditions of this Section 11.4(a). If AIT Therapeutics determines in its sole discretion to abandon all claims in any AIT Therapeutics Patent or any Improvement Patents in the Territories, then AIT Therapeutics shall provide Circassia with written notice of such determination within a period of time reasonably necessary to allow Circassia to determine its interest in such AIT Therapeutics Patent(s) or Improvement Patent(s), as the case may be. In the event Circassia provides written notice expressing its interest in continuing prosecution of such AIT Therapeutics Patent(s) or Improvement Patent(s), then upon Circassia’s written request AIT Therapeutics shall promptly assign and transfer to Circassia all right, title and interest in and to such AIT Therapeutics Patent(s) or Improvement Patent(s), as the case may be, and AIT Therapeutics shall execute and deliver to Circassia such assignments or other instruments of transfer as Circassia may reasonably request to evidence such assignment and transfer as a matter of record. Notwithstanding the foregoing, in the event such transfer or assignment negatively impacts the enforceability or validity of any other patent or claim within the AIT Therapeutics Patents or Improvement Patents, Joint Patents AIT Therapeutics shall not be required to assign such patent. AIT Therapeutics hereby appoints Circassia as its attorney-in-fact to sign such documents as Circassia deems necessary for Circassia to obtain ownership and Mundipharma Patents to apply for, secure, and maintain patent or other proprietary protection of such AIT Therapeutics Patent(s) or Improvement Patent(s) if Circassia is unable, after reasonable inquiry, to obtain AIT Therapeutics’ (collectivelyor its employee’s or agent’s) signature on such a document. Thereafter, Circassia (i) shall have the “Allos Prosecuted Patents”). As between right to prosecute and maintain such AIT Therapeutics Patent(s) or Improvement Patent(s) in the PartiesTerritories, [ * ] and (ii) shall bear all of the costs incurred by Allos in connection with the of preparation, filing, prosecution or and maintenance of any Allos Prosecuted Patent such assigned and transferred AIT Therapeutics Patents and Improvement Patents, and Circassia may prosecute such Patents at its sole discretion; provided, however, in the Allos Territoryevent that Circassia decides to abandon or not maintain any such AIT Therapeutics Patent(s) or Improvement Patent(s), then Circassia shall promptly provide AIT Therapeutics with written notice of such decision. Prior The Parties shall determine which Party will file, prosecute and maintain any Patent claiming or covering any jointly owned invention (“Joint Patent”). In the case of any Improvement Patent or Joint Patent, the Party filing such patent application (the “Filing Party”) shall deliver to any filing the other Party (the “Non-Filing Party”) drafts of all such patent applications respecting such Improvement Patent or extensionJoint Patent, Allos as the case may be, in confidence before each such patent application is filed, and shall provide Mundipharma give the Non-Filing Party a reasonable opportunity period (not to exceed ninety (90) days) in which to review and comment on such prosecution efforts regarding thereon. Likewise, the Allos Prosecuted Patents (including the PDX Patents, Filing Party shall deliver to the extent Non-Filing Party, or shall cause the PDX Licensor consults with Allos and provides Allos Filing Party’s patent counsel to deliver to the right to review and comment on the sameNon-Filing Party, in each case as is required pursuant to section 8.2 of the PDX License Agreement) as follows: Allos shall promptly provide Mundipharma with copies of all material communications office actions and other correspondence from the USPTO and all other patent offices in the Territories respecting any patent authority regarding such Improvement Patent or Joint Patent, as the Allos Prosecuted Patentscase may be, and all proposed responses thereto for the Non-Filing Party’s review, and shall provide Mundipharma, for its review and comment, with drafts the Non-Filing Party a reasonable opportunity to comment thereon. The Filing Party shall use Commercially Reasonable Efforts to accommodate the suggestions of the Non-Filing Party on any material filings or responses to be made to such patent authorities in a reasonable amount application, amendment or office action response. For the avoidance of time in advance of submitting such filings or responses. Allos shall consider in good faith any reasonable comments thereto provided by Mundipharma in connection with doubt, the prosecution of the Allos Prosecuted Patents. Each Filing Party shall provide have the other Party all reasonable assistance and cooperation in the patent prosecution efforts provided in this Section 8.3(a), including executing any other required documents or instruments for such prosecution. (b) Except final decision with respect to the PDX Patentsany patent application, if Allos decides anywhere in the Licensed Territory to abandon any Allos Prosecuted Patent amendment or not to apply for an extension of any Allos Prosecuted Patent, including a supplementary protection certificate or equivalent thereof, Mundipharma shall have the right to assume Allos’ rights and responsibilities under this Section 8.3 with respect to such Allos Prosecuted Patent, and in connection with assuming such [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. rights and responsibilities, Mundipharma shall be entitled to apply for any such extension (including a supplementary protection certificate or equivalent thereof) and Mundipharma shall thereafter become responsible for the prosecution and maintenance of such Allos Prosecuted Patent in the Licensed Territory. With respect to any PDX Patent, the foregoing shall apply only if and to the extent that Allos assumes responsibility and control (after consultation with Mundipharma as to whether to assume such responsibility or control) of the prosecution and maintenance of such PDX Patent in accordance with the PDX License Agreementoffice action response.

Prosecution of Patents. (a) Subject to Section 8.3(b9.3(b), as between the Parties, Allos shall have and after the sole right to Option exercise for a given Development Candidate, Licensee may prepare, file, prosecute and maintain Allos Patentspatents in any and all jurisdictions worldwide covering Licensee Inventions, Licensor Inventions and Joint Patents Inventions solely for patents which include claims directed specifically to any Collaboration Development Candidates and Mundipharma Patents do not include any claims covering any SNA Platform Technology Inventions (collectively, the “Allos Licensee Prosecuted Patents”). As between the Parties, [ * ] shall Licensee will bear and be solely responsible for all costs incurred by Allos after the Effective Date only in connection with the preparation, filing, prosecution or maintenance of any Allos Licensee Prosecuted Patent that it chooses to prepare, file, prosecute or maintain in the Allos Territory. Prior to Before any filing or extensionsubstantive prosecution filing, Allos shall Licensee will provide Mundipharma Licensor with a reasonable opportunity to review and comment on such prosecution efforts regarding the Allos Licensee Prosecuted Patents (including the PDX Patents, to the extent the PDX Licensor consults with Allos and provides Allos the right to review and comment on the same, in each case as is required pursuant to section 8.2 of the PDX License Agreement) as follows: Allos shall Licensee will promptly provide Mundipharma Licensor with copies of all material communications from any patent authority regarding the Allos Licensee Prosecuted Patents, and shall will provide MundipharmaLicensor, for its review and comment, with drafts of any material filings or responses to be made to such patent authorities in a reasonable amount of time in advance of submitting such filings or responses. Allos shall Licensee will consider in good faith any reasonable comments thereto provided by Mundipharma Licensor in connection with the prosecution of the Allos Licensee Prosecuted Patents. Each Party shall will provide the other Party all reasonable assistance and cooperation in the patent prosecution efforts provided in this Section 8.3(a9.3(a), including executing any other required documents or instruments for such prosecution. Notwithstanding the foregoing, (i) Licensor will be responsible for preparing, filing, prosecuting and maintaining any patents covering any Licensor Inventions and Joint Inventions prior to the Option exercise, including any costs associated therewith; (ii) Licensor will be responsible for preparing, filing, prosecuting and maintaining any patents covering SNA Platform Technology Inventions that are Licensor Inventions or Joint Inventions, including any costs associated therewith; and (iii) Licensor will be responsible for preparing, filing, prosecuting and maintaining any patents covering SNA Platform Technology Inventions that are Licensee Inventions, and all costs associated therewith, regardless of the Option exercise. Before any substantive prosecution filing for patents covering SNA Platform Technology Inventions by Licensor, Licensor will provide Licensee reasonable opportunity to review and comment with respect to such patents. Before any filing for patents covering SNA Platform Technology Inventions invented by Licensee, Licensor will provide Licensee reasonable opportunity to review and comment with respect to such patent filings. (b) Except with respect f Licensee decides not to the PDX Patentsprepare or file, if Allos decides anywhere in the Licensed Territory or to abandon abandon, any Allos Licensee Prosecuted Patent or not to apply for an extension of any Allos Licensee Prosecuted Patent, including a supplementary protection certificate or equivalent thereof, Mundipharma shall have anywhere in the right to Territory, Licensee will promptly notify Licensor and Licensor may assume Allos’ Licensee’s rights and responsibilities under this Section 8.3 9.3 with respect to such Allos Licensee Prosecuted Patent, and in connection with 44 THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. assuming such [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. rights and responsibilities, Mundipharma shall be entitled to including responsibility for costs, Licensor may prepare, file, prosecute, maintain or apply for any such extension (including a supplementary protection certificate or equivalent thereof) and Mundipharma shall Licensor will thereafter become responsible for control the prosecution and maintenance of such Allos Licensee Prosecuted Patent in the Licensed Territory. With respect to any PDX Patent, the foregoing shall apply only if and to the extent that Allos assumes responsibility and control (after consultation with Mundipharma as to whether to assume such responsibility or control) of the prosecution and maintenance of such PDX Patent in accordance with the PDX License Agreement.

Prosecution of Patents. (a) Subject to Section 8.3(b), as between the Parties, Allos shall have the sole right to prepare, file, prosecute and maintain Allos Patents, Joint Patents and Mundipharma Patents (collectively, the “Allos Prosecuted Patents”). As between the Parties, [ * [***] shall bear all costs incurred by Allos in connection with the preparation, filing, prosecution or maintenance of any Allos Prosecuted Patent Patents in the Allos Territory and Mundipharma shall bear all costs incurred by Allos in connection with the preparation, filing, prosecution or maintenance of any Allos Prosecuted Patents in the Licensed Territory. Prior to any filing or extension, Allos shall provide Mundipharma reasonable opportunity to review and comment on such prosecution efforts regarding the Allos Prosecuted Patents (including the PDX Patents, to the extent the PDX Licensor consults with Allos and provides Allos the right to review and comment on the same, in each case as is required pursuant to section 8.2 of the PDX License Agreement) as follows: Allos shall promptly provide Mundipharma with copies of all material communications from any patent authority regarding the Allos Prosecuted Patents, and shall provide Mundipharma, for its review and comment, with drafts of any material filings or responses to be made to such patent authorities in a reasonable amount of time in advance of submitting such filings or responses. Allos shall consider in good faith include any reasonable comments thereto provided by Mundipharma in connection with the prosecution of the Allos Prosecuted Patents. Each Party shall provide the other Party all reasonable assistance and cooperation in the patent prosecution efforts provided in this Section 8.3(a), including executing any other required documents or instruments for such prosecution. (b) Except with respect to the PDX Patents, if Allos decides anywhere in the Licensed Territory to abandon any Allos Prosecuted Patent or not to apply for an extension of any Allos Prosecuted Patent, including a supplementary protection certificate or equivalent thereof, Mundipharma shall have the right to assume Allos’ rights and responsibilities under this Section 8.3 with respect to such Allos Prosecuted Patent, and in connection with assuming such [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. rights and responsibilities, Mundipharma shall be entitled to apply for any such extension (including a supplementary protection certificate or equivalent thereof) and Mundipharma shall thereafter become responsible for the prosecution and maintenance of such Allos Prosecuted Patent in the Licensed Territory. With respect to any PDX Patent, the foregoing shall apply only if and to the extent that Allos assumes responsibility and control (after consultation with Mundipharma as to whether to assume such responsibility or control) of the prosecution and maintenance of such PDX Patent in accordance with the PDX License Agreement.Licensed

Prosecution of Patents. (a) Subject to Section 8.3(b9.3(b), as between the Parties, Allos shall Licensee will have the sole first right to prepare, file, prosecute and maintain Allos the Licensee Patents, Joint the Licensor Patents and Mundipharma any Patents Covering Inventions (whether Licensee Inventions, Licensor Inventions or Joint Inventions) directed to any Compound or Product, including the manufacture or use thereof (collectively, the “Allos Licensee Prosecuted Patents”), including handling re-examinations and reissues together with the conduct of interferences, derivation proceedings, pre-and post-grant opposition proceedings, post-grant patent proceedings (such as inter partes review and post grant review) (collectively, the “Prosecution and Maintenance”). Licensor hereby delegates to Licensee all of Licensor’s rights, subject to all of Licensor’s obligations, under the Principal License Agreement to Prosecute and Maintain all Patents included in the Sublicensed Rights. As between the Parties, [ * [***] shall bear all costs incurred by Allos after the Effective Date only in connection with the preparation, Prosecution and Maintenance of any Licensee Prosecuted Patent that Licensee chooses to Prosecute and Maintain in the Territory. Before any substantive prosecution filing, prosecution or maintenance of any Allos Prosecuted Patent in the Allos Territory. Prior to any filing or extension, Allos Licensee shall provide Mundipharma Licensor with a reasonable opportunity to review and comment on such prosecution efforts regarding the Allos Licensee Prosecuted Patents (including the PDX Patents, to the extent the PDX Licensor consults with Allos and provides Allos the right to review and comment on the same, in each case as is required pursuant to section 8.2 of the PDX License Agreement) as follows: Allos Licensee shall promptly provide Mundipharma Licensor with copies of all material communications from any patent authority regarding the Allos Licensee Prosecuted Patents, and shall will provide MundipharmaLicensor, for its review and comment, with drafts of any material filings or responses to be made to such patent authorities in a reasonable amount of time in advance of submitting such filings or responses. Allos Licensee shall consider in good faith any reasonable comments thereto provided by Mundipharma Licensor in connection with the prosecution of the Allos Licensee Prosecuted Patents. Each Party shall provide the other Party all reasonable assistance and cooperation (at the other Party’s cost) in the patent prosecution Patent Prosecution and Maintenance efforts provided in this Section 8.3(a9.3(a), including executing any other required documents or instruments for such prosecutionfilings, Prosecution and Maintenance. For purpose of clarity, Licensee may at its discretion file one or more new Patent applications and may include in such applications data or discoveries included within the Licensed Know-How or other Information and such new Patent application(s)s will be Licensed Patents. (b) Except with respect If Licensee decides not to the PDX PatentsProsecute and Maintain, if Allos decides or to abandon, any Licensee Prosecuted Patent anywhere in the Licensed Territory Territory, Licensee will promptly, but in no event later than [***] days prior to abandon any Allos Prosecuted Patent or not deadline (and, if the deadline is extendable, the first such deadline without taking into account any available extension(s)) that must be met in order to apply for an extension of any Allos Prosecuted Patentavoid such abandonment, including a supplementary protection certificate or equivalent thereof, Mundipharma shall have the right to notify Licensor with written notice and Licensor may assume Allos’ Licensee’s rights and responsibilities under this Section 8.3 9.3(a) with respect to such Allos Licensee Prosecuted Patent, and in connection with assuming such [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. rights and responsibilities, Mundipharma shall be entitled to apply including responsibility for any costs, Licensor may Prosecute and Maintain such extension (including a supplementary protection certificate or equivalent thereof) and Mundipharma shall thereafter become responsible for the prosecution and maintenance of such Allos Licensee Prosecuted Patent in the Territory; provided that any such Licensee Prosecuted Patent that is a Licensor Patent shall thereafter be excluded from the definition of “Licensor Patents” for purposes of the applicable license grant in Article 2. (c) As between the Parties, Licensee will be solely responsible for deciding on strategy, selecting which Patent(s) to involve, and obtaining patent term restoration in any country in the Territory under any statute or regulation equivalent or similar to 35 U.S.C. §156, where applicable to a Licensed TerritoryProduct. With respect to any PDX Patent, In exercising the foregoing shall apply only if right and to responsibility Licensee will solely determine which relevant Licensed Patent will be extended (including by filing supplementary protection certificates and any other extensions that are now or in the extent that Allos assumes responsibility future become available). Licensor will abide by Licensee’s determination and control (after consultation with Mundipharma cooperate, as to whether to assume such responsibility or control) of the prosecution and maintenance of such PDX Patent reasonably requested by Licensee, in accordance connection with the PDX License Agreementforegoing (including by providing appropriate information and executing appropriate documents) at Licensee’s cost.

Prosecution of Patents. (a) Subject to Section 8.3(b)9.2(b) with respect to a Licensor Patent, as between the Parties, Allos shall Licensee will have the sole exclusive right to prepare, file, prosecute and maintain Allos the Licensor Patents, Joint Patents including handling re-examinations and Mundipharma Patents reissues together with the conduct of interferences, derivation proceedings, pre-and post-grant opposition proceedings, post-grant patent proceedings (such as inter partes review and post grant review) (collectively, the “Allos Prosecuted PatentsProsecution and Maintenance”). As between the Parties, [ * [***] shall bear all costs incurred by Allos after the Effective Date only in connection with the preparation, Prosecution and Maintenance of any Licensor Patent that it chooses to Prosecute and Maintain in the Territory. Before any substantive prosecution filing, prosecution or maintenance of any Allos Prosecuted Patent in the Allos Territory. Prior to any filing or extension, Allos shall Licensee will provide Mundipharma Licensor with a reasonable opportunity to review and comment on such prosecution efforts regarding the Allos Prosecuted Licensor Patents (including the PDX Patents, to the extent the PDX Licensor consults with Allos and provides Allos the right to review and comment on the same, in each case as is required pursuant to section 8.2 of the PDX License Agreement) as follows: Allos shall promptly Licensee will provide Mundipharma Licensor with copies of all material communications from any patent authority regarding the Allos Prosecuted Licensor Patents, and shall will provide MundipharmaLicensor, for its review and comment, with drafts of any material filings or responses to be made to such patent authorities in a reasonable amount of time in advance of submitting such filings or responses. Allos shall Licensee will consider in good faith any reasonable comments thereto provided by Mundipharma Licensor in connection with the prosecution of the Allos Prosecuted Licensor Patents. Each Party shall will provide the other Party all reasonable assistance and cooperation (at the other Party’s cost) in the patent prosecution Prosecution and Maintenance efforts of any Licensor Patent provided in this Section 8.3(a9.2(a), including executing any other required documents or instruments for such prosecutionfilings, Prosecution and Maintenance. (b) Except with respect If Licensee decides not to the PDX PatentsProsecute and Maintain, if Allos decides or to abandon, any Licensor Patent anywhere in the Licensed Territory to abandon any Allos Prosecuted without having first filed a substation Patent or not to apply for an extension of any Allos Prosecuted Patentapplication, including a supplementary protection certificate or equivalent thereof, Mundipharma shall have the right to Licensee will promptly notify Licensor and Licensor may assume Allos’ Licensee’s rights and responsibilities under this Section 8.3 9.2(a) with respect to such Allos Prosecuted Licensor Patent, and in connection with assuming such [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. rights and responsibilities, Mundipharma shall be entitled to apply including responsibility for any costs, Licensor may Prosecute and Maintain such extension (including a supplementary protection certificate or equivalent thereof) and Mundipharma shall thereafter become responsible for the prosecution and maintenance of such Allos Prosecuted Licensor Patent in the Licensed Territory, and unless Licensee reimburses all of Licensor’s documented out-of-pocket costs to Prosecute and Maintain such Patent after issuance, such Patent shall thereafter be excluded from the definition of “Licensor Patents” for purposes of the applicable license grant in Article 2. (c) As between the Parties, Licensee shall have the sole right to conduct, and be solely responsible for, the Prosecution and Maintenance of any Licensee Patents, at Licensee’s cost and expense. (d) As between the Parties, Licensee will be solely responsible for deciding on strategy, selecting which Licensor Patent(s) to involve, and obtaining patent term restoration in any country in the Territory under any statute or regulation equivalent or similar to 35 U.S.C. §156, where applicable to the Product, and will have the sole right to obtain patent term extensions (including any available pediatric extensions) or supplemental protection certificates or their equivalents in any country with respect to a Licensee Patent. With respect to data exclusivity periods (such as those periods listed in the FDA’s Orange Book (including any PDX Patent, the foregoing shall apply only if and to the extent that Allos assumes responsibility and control (after consultation with Mundipharma as to whether to assume such responsibility available pediatric extensions) or controlperiods under national implementations of Article 10.1(a)(iii) of Directive 2001/EC/83 or orphan exclusivity periods, and all equivalents in any country), Licensee shall have the prosecution sole and maintenance exclusive right to seek and maintain all such data exclusivity periods available for the Products. With respect to all of the rights and activities identified in this Section 9.2, Licensor hereby appoints Licensee as its agent for such PDX purposes with the authority to act on Licensor’s behalf with respect to any Licensor Patent in accordance a manner consistent with the PDX License this Agreement.

Prosecution of Patents. (a) Subject Fluidigm, through patent attorneys or agents of its choice reasonably acceptable to Section 8.3(b)Novartis, as between the Parties, Allos shall have the sole right right, but not obligation, to prepare, filefile and maintain the Core Fluidigm Patents throughout the Territory. Schedule 9.2(c) specifies the countries in which Fluidigm has filed or intends to prepare and file applications for each Core Fluidigm Patent. Novartis shall have the right, on timely written notice to Fluidigm, to require Fluidigm to prepare and file an applications for Core Fluidigm Patents in any other particular country(ies), unless Fluidigm objects that such action would be unreasonable, including where taking such action could affect the scope, validity or enforceability of any Core Fluidigm Patent. Fluidigm shall prosecute and maintain Allos the Core Fluidigm Patents, Joint Patents and Mundipharma Patents (collectivelyapplications therefor, in accordance with its customary, reasonable procedures therefor. Novartis shall have the “Allos Prosecuted Patents”)right, on timely written notice to Fluidigm, to require Fluidigm to take additional reasonable actions with respect to such prosecution and maintenance, unless Fluidigm objects that such action would be unreasonable, including where taking such action could affect the scope, validity or enforceability of any Core Fluidigm Patent. As between the Parties, [ * ] shall bear All costs and expenses of all costs incurred by Allos in connection with the such additional Core Fluidigm Patent preparation, filing, prosecution or and maintenance shall be reimbursed and borne solely by Novartis. Novartis shall, and shall cause its respective Affiliates to, as applicable, assist and cooperate with Fluidigm in filing, prosecuting and maintaining any Core Fluidigm Patent under this Section 5.2. Each party shall bear its own expenses under this Section 5.2. Fluidigm shall consult with Novartis as to the strategy and prosecution and maintenance of Core Fluidigm Patents and applications under this Section 5.2. Fluidigm shall cause its patent attorneys or agents to consult with Novartis (so far as practicable) on all issues relating to the filing, prosecution (including any Allos Prosecuted Patent in interferences, reissue proceedings and re- [***] Information has been omitted and filed separately with the Allos TerritorySecurities and Exchange Commission. Prior Confidential treatment has been requested with respect to any filing or extension, Allos the omitted portions. examinations) and maintenance of the Core Fluidigm Patents. Fluidigm shall provide Mundipharma reasonable Novartis with sufficient opportunity to review and comment on such prosecution efforts regarding the Allos Prosecuted Patents (including the PDX Patentsnature and text of new or pending applications, to the extent the PDX Licensor consults amendments, registrations, filing, submissions, pleadings, responses or correspondence with Allos and provides Allos the right to review and comment on the same, in each case as is required pursuant to section 8.2 of the PDX License Agreement) as follows: Allos shall promptly provide Mundipharma with copies of all material communications from any patent authority regarding the Allos Prosecuted Patents, and shall provide Mundipharma, for its review and comment, with drafts of any material filings or responses to be made to such patent authorities in a reasonable amount of time in advance of submitting such filings or responses. Allos shall consider in good faith any reasonable comments thereto provided by Mundipharma in connection with the prosecution of the Allos Prosecuted Patents. Each Party shall provide the other Party all reasonable assistance and cooperation in the patent prosecution efforts provided in this Section 8.3(a), including executing any other required documents or instruments for such prosecution. (b) Except with respect to the PDX Core Fluidigm Patents, if Allos decides anywhere and Fluidigm shall accede to reasonable requests of Novartis regarding the filing, registration and prosecution of the Core Fluidigm Patents. Fluidigm shall (A) notify Novartis as early as reasonably practicable in advance of all meetings and significant communications with any patent authorities concerning the Licensed Territory Core Fluidigm Patents and shall permit Novartis to abandon any Allos Prosecuted Patent or not participate in such meetings, (B) promptly prepare and deliver to apply for an extension Novartis complete and accurate minutes of any Allos Prosecuted Patentsuch meeting or communications, including a supplementary protection certificate or equivalent thereof, Mundipharma and (C) promptly forward to Novartis copies of all office actions and written communications received from any patent authorities with respect to the Core Fluidigm Patents and upon receipt therefrom. Novartis shall have the right right, at its sole expense, to assume Allos’ make decisions regarding patent term extensions, including supplementary protection certificates and any other extensions that are available now or become available in the future on Novartis Licensed Products, wherever applicable, for the Core Fluidigm Patents, in any country. For any Core Fluidigm Patent owned by a Third Party, in whole or in part, (e.g., it is licensed to Fluidigm by a Third Party), Fluidigm shall use its reasonable best efforts to allow Novartis to exercise its rights and responsibilities under this Section 8.3 5.2, including (i) exercising its rights under any agreement with such Third Party, and (ii) obtaining any consents required by Third Parties owning Core Fluidigm Patents licensed to Fluidigm in order for Novartis to exercise its rights under this Section 5.2. If Fluidigm does not have or is unable to secure such rights from such Third Party despite such efforts, Novartis’ rights under this Section 5.2 shall be limited to the extent of the rights of Fluidigm and its Affiliates with respect to such Allos Prosecuted Core Fluidigm Patent, and in connection with assuming such [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. rights and responsibilities, Mundipharma shall be entitled to apply for any such extension (including a supplementary protection certificate or equivalent thereof) and Mundipharma shall thereafter become responsible for the prosecution and maintenance of such Allos Prosecuted Patent in the Licensed Territory. With respect to any PDX Patent, the foregoing shall apply only if and to the extent that Allos assumes responsibility and control (after consultation with Mundipharma as to whether to assume such responsibility or control) of the prosecution and maintenance of such PDX Patent in accordance with the PDX License Agreement.