PATENTS FOR WHICH NEORX
HAS DISCONTINUED PROSECUTION OR MAINTENANCE UNDER SUBSECTION 10.1(B), ANORMED
SHALL PROMPTLY DISCLOSE TO NEORX, KEEP NEORX FULLY INFORMED OF, AND SUPPLY TO
NEORX IN A TIMELY FASHION:
(I)
THE COMPLETE TEXTS OF EACH PATENT WITHIN
THE ANORMED PATENTS; AND
(II)
ALL INFORMATION RECEIVED CONCERNING:
(A)
THE INSTITUTION OR POSSIBLE INSTITUTION OF ANY
INTERFERENCE, OPPOSITION, RE-EXAMINATION, REISSUE, REVOCATION, NULLIFICATION OR
ANY OFFICIAL PROCEEDING INVOLVING ANY PATENT WITHIN THE ANORMED PATENTS, AND
(B)
THE COURSE OF SUBSTANTIVE PATENT PROSECUTION
OR OTHER SUBSTANTIVE PROCEEDINGS RELATED TO ANY PATENT WITHIN THE ANORMED
PATENTS,
INCLUDING BY PROVIDING NEORX WITH COPIES OF SUBSTANTIVE COMMUNICATIONS, SEARCH
REPORTS AND THIRD-PARTY OBSERVATIONS SUBMITTED TO OR RECEIVED FROM PATENT
OFFICES IN THE TERRITORY, BUT EXCLUDING ANY SUCH INFORMATION THAT IS SUBJECT TO
ATTORNEY-CLIENT PRIVILEGE.
(C)
EXCEPT FOR ANORMED PATENTS FOR WHICH NEORX
HAS DISCONTINUED PROSECUTION OR MAINTENANCE UNDER SUBSECTION 10.1(B), ANORMED
SHALL COOPERATE WITH NEORX AND USE REASONABLE EFFORTS TO OBTAIN ANY
16
APPLICABLE TERM EXTENSION FOR ANY PATENT WITHIN THE ANORMED PATENTS COVERING A
LICENSED PRODUCT IN THE TERRITORY.
IN CONNECTION WITH SUCH EFFORTS, NEORX,
WITHIN ONE (1) CALENDAR MONTH AFTER OBTAINING REGULATORY APPROVAL FOR A LICENSED
PRODUCT ANY COUNTRY IN THE TERRITORY, SHALL PROVIDE TO ANORMED INFORMATION
REASONABLY REQUIRED BY ANORMED OR OTHERWISE REQUESTED BY ANORMED TO APPLY FOR
THE EUROPEAN SUPPLEMENTARY PROTECTION CERTIFICATE OR ITS EQUIVALENT IN RESPECT
OF SUCH LICENSED PRODUCT MARKETED IN SUCH COUNTRY IN THE TERRITORY.
(D)
EACH PARTY SHALL HOLD ALL INFORMATION
DISCLOSED TO IT BY THE OTHER PARTY UNDER THIS SECTION AS CONFIDENTIAL
INFORMATION UNDER ARTICLE 11.
10.3
PATENT COSTS.
NeoRx [*].
Notwithstanding the previous sentence, in the event that NeoRx
provides written notice to AnorMED identifying any particular Patent in
accordance with Section 10.1(b), NeoRx shall [*].
10.4
RIGHT TO ASSUME PROSECUTION.
(A)
THE PARTIES ACKNOWLEDGE AND AGREE THAT
ANORMED MAY, IN THE ORDINARY COURSE OF PROSECUTING ANORMED'S PATENT PORTFOLIO
AND AFTER THE EFFECTIVE DATE OF THIS AGREEMENT AND IN THE REASONABLE OPINION OF
ANORMED'S PATENT COUNSEL OR PATENT AGENT, TAKE SUCH ACTIONS IN THE ORDINARY
COURSE (INCLUDING DISCONTINUANCE OF A PATENT APPLICATION) THAT DO NOT MATERIALLY
IMPAIR THE SCOPE OF PATENT COVERAGE PROVIDED TO NEORX IN THE FIELD AND THE
ANORMED PATENTS REMAIN ADEQUATE FOR THE USES OF THE ANORMED PATENTS CONTEMPLATED
BY NEORX, PURSUANT TO THE LICENSE GRANTED UNDER SECTION 3.1.
(B)
IN THE EVENT THAT ANORMED INTENDS TO FINALLY
ABANDON ANY PATENT WITHIN THE ANORMED PATENTS IN ANY COUNTRY IN THE TERRITORY,
ANORMED SHALL PROMPTLY NOTIFY NEORX, AND THEREAFTER NEORX SHALL HAVE A RIGHT TO
ASSUME ANY AND ALL PROSECUTION AND/OR MAINTENANCE ACTIVITIES WITH RESPECT TO
SUCH PATENTS IN SUCH COUNTRY.
ALL RIGHTS GRANTED TO NEORX WITH RESPECT TO SUCH
PATENT WITHIN THE ANORMED PATENTS IN SUCH COUNTRY SHALL CONTINUE IN FORCE
PROVIDED THAT NEORX ASSUMES, AT ITS OWN EXPENSE, RESPONSIBILITY FOR THE
PROSECUTION AND MAINTENANCE OF SUCH PATENTS IN SUCH COUNTRY, AND PROVIDED THAT
IF THERE ARE THIRD PARTIES WITH LEGAL INTERESTS IN ANY SUCH PATENTS OUTSIDE THE
TERRITORY, THE COSTS OF