FILING, PROSECUTION OR MAINTENANCE OF ANY PATENT OR PATENT
APPLICATION AS SET FORTH ABOVE, AND HAS USED GOOD FAITH, REASONABLE EFFORTS TO
COMPLY WITH ITS OBLIGATIONS TO PROVIDE NOTICE AND INFORMATION AS SET FORTH IS
THIS SECTION 9.2.4, THAT PARTY WILL NOT BE LIABLE TO THE OTHER PARTY IN ANY WAY
WITH RESPECT TO ITS HANDLING OF, OR THE RESULTS OBTAINED FROM, THE FILING,
PROSECUTION, ISSUANCE, EXTENSION OR MAINTENANCE OF SUCH APPLICATION OR ANY
RESULTING PATENT OR ANY FAILURE BY IT TO SO FILE, PROSECUTE, EXTEND OR MAINTAIN.
9.2.5
COOPERATION. IN ACCORDANCE WITH THE FOREGOING, EACH
PARTY WILL COOPERATE REASONABLY IN THE PREPARATION, FILING, PROSECUTION, AND
MAINTENANCE OF THE PRODUCT SPECIFIC PATENTS AND PROGRAM PATENT RIGHTS. SUCH
COOPERATION INCLUDES (A) PROMPTLY EXECUTING ALL PAPERS AND INSTRUMENTS AND
REQUIRING EMPLOYEES (AND OTHER PERSONS UNDER OBLIGATION TO ASSIGN PATENTS TO
SUCH PARTY) TO EXECUTE SUCH PAPERS AND INSTRUMENTS AS REASONABLE AND APPROPRIATE
SO AS TO ENABLE SUCH OTHER PARTY, TO PREPARE, FILE, PROSECUTE, AND MAINTAIN SUCH
PATENTS IN ANY COUNTRY; AND (B) PROMPTLY INFORMING SUCH OTHER PARTY OF MATTERS
THAT MAY AFFECT THE PREPARATION, FILING, PROSECUTION, OR MAINTENANCE OF ANY SUCH
PATENTS.
SECTION
9.3
PATENT TERM EXTENSION. ISIS AND OMI WILL EACH COOPERATE WITH ONE ANOTHER AND
WILL USE COMMERCIALLY REASONABLE EFFORTS IN OBTAINING PATENT TERM RESTORATIONS
AND/OR EXTENSIONS (INCLUDING WITHOUT LIMITATION, ANY PEDIATRIC EXCLUSIVITY
EXTENSIONS AS MAY BE AVAILABLE) OR SUPPLEMENTAL PROTECTION CERTIFICATES OR THEIR
EQUIVALENTS IN ANY COUNTRY WITH RESPECT TO PATENT RIGHTS COVERING THOSE PRODUCTS
LICENSED BY OMI HEREUNDER. IF ELECTIONS WITH RESPECT TO OBTAINING SUCH PATENT
TERM EXTENSIONS OR SUPPLEMENTAL PROTECTION ARE TO BE MADE, OMI WILL HAVE
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THE RIGHT TO MAKE SUCH ELECTION, PROVIDED THAT SUCH ELECTION WILL BE MADE IN
ACCORDANCE WITH APPLICABLE LAW SO AS TO MAXIMIZE THE PERIOD OF MARKETING
EXCLUSIVITY FOR THE PRODUCT.
SECTION
9.4
ENFORCEMENT OF PATENTS
9.4.1
ENFORCEMENT BY OMI OF PRODUCT SPECIFIC PATENTS. IN THE
EVENT THAT ISIS OR OMI BECOMES AWARE OF A SUSPECTED INFRINGEMENT OF ANY PRODUCT
SPECIFIC PATENT, OR ANY SUCH PRODUCT SPECIFIC PATENT IS CHALLENGED IN ANY ACTION
OR PROCEEDING (OTHER THAN ANY INTERFERENCES, REISSUE PROCEEDINGS, OPPOSITIONS OR
REEXAMINATIONS, WHICH ARE ADDRESSED ABOVE), SUCH PARTY WILL NOTIFY THE OTHER
PARTY PROMPTLY, AND FOLLOWING SUCH NOTIFICATION, THE PARTIES WILL CONFER. OMI
WILL HAVE THE RIGHT, BUT WILL NOT BE OBLIGATED, TO DEFEND ANY SUCH ACTION OR
PROCEEDING OR BRING AN INFRINGEMENT ACTION WITH RESPECT TO SUCH INFRINGEMENT TO
THE EXTENT RELEVANT TO OMI'S EXCLUSIVE RIGHTS HEREUNDER AT ITS OWN EXPENSE, IN
ITS OWN NAME AND ENTIRELY UNDER ITS OWN DIRECTION AND CONTROL, OR SETTLE ANY
SUCH ACTION, PROCEEDING OR DISPUTE BY LICENSE (TO THE EXTENT SUCH SUBLICENSE IS
PERMITTED UNDER THIS AGREEMENT), SUBJECT TO THE FOLLOWING. ISIS WILL REASONABLY
ASSIST OMI IN ANY ACTION OR PROCEEDING BEING DEFENDED OR PROSECUTED IF SO
REQUESTED, AND WILL LEND ITS NAME TO SUCH ACTIONS OR PROCEEDINGS IF REASONABLY
REQUESTED BY OMI OR REQUIRED BY APPLICABLE LAW. OMI WILL REIMBURSE ISIS FOR THE
DOCUMENTED OUT-OF-POCKET COSTS ISIS REASONABLY INCURS