Provision Language
7. Patent Prosecution and Maintenance
7.1 Patent Control for Patent Rights. Penn and mRNA RiboTherapeutics control the preparation, prosecution and maintenance of the Patent Rights and the selection of patent counsel, subject to the remainder of this Section 7.1. For purposes of this Section 7.1, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by Penn, or its exclusive licensee, mRNA RiboTherapeutics (if so authorized by Penn), a Third Party, or the United States Patent and Trademark Office or any foreign equivalent pertaining to Patent Rights, and any requests by Penn or mRNA RiboTherapeutics (if so authorized by Penn) that the United States Patent and Trademark Office or any foreign equivalent reexamine or reissue any patent in the Patent Rights. Notwithstanding the foregoing, Cellscript will provide Company and its counsel with reasonable opportunities to consult with Cellscript regarding prosecution and maintenance of Patent Rights.
7.2 Patent Control for Exhibit D Patents. Penn and Cellscript control the preparation, prosecution and maintenance of the Exhibit D Patents and the selection of patent counsel, subject to the remainder of this Section 7.2. For purposes of this Section 7.2, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by Penn, or its exclusive licensee, Cellscript (if so authorized by Penn), a Third Party, or the United States Patent and Trademark Office pertaining to Exhibit D Patents, and any requests by Penn or Cellscript (if so authorized by Penn) that the United States Patent and Trademark Office reexamine or reissue any patent in the Exhibit D Patents. Notwithstanding the foregoing, Cellscript will provide Company and its counsel with reasonable opportunities to consult with Cellscript regarding prosecution and maintenance of Exhibit D Patents.
8. Infringement
8.1 Control. Company shall not have any right to initiate litigation with respect to infringement of the Patent Rights or Exhibit D Patents.
8.2 Cooperation. In any litigation under this Article 8, each Party, at the reasonable request and sole expense of the other Party, will provide reasonable cooperation to such other Party. This Article 8 will not be construed to require either Party to undertake any activities, including legal discovery, at the request of any Third Party, except as may be required by lawful process of a court of competent jurisdiction.