NEITHER PARTY SHALL ISSUE
A PRESS OR NEWS RELEASE OR MAKE ANY SIMILAR PUBLIC ANNOUNCEMENT (OTHER THAN
PUBLICATION IN SCIENTIFIC JOURNALS, IN ADVERTISING MATERIALS AND BROCHURES, OR
PRESENTATION AT SCIENTIFIC CONFERENCES AND MEETINGS AND THE LIKE THAT ARE
INTENDED TO BE COVERED BY, AND ARE ISSUED IN COMPLIANCE WITH, SECTION 5.3)
RELATED TO THE DEVELOPMENT OR COMMERCIALIZATION OF A LICENSED PRODUCT WITHOUT
THE PRIOR WRITTEN CONSENT OF THE OTHER PARTY, PROVIDED THAT NOTWITHSTANDING THE
FOREGOING, IMMUNOGEN SHALL BE EXPRESSLY PERMITTED TO PUBLICLY ANNOUNCE THE
OCCURRENCE OF ANY MILESTONE EVENT UNDER SECTION 4.2.1, PROVIDED, HOWEVER, THAT
THE TEXT OF SUCH ANNOUNCEMENT SHALL BE MUTUALLY AGREED TO BY THE PARTIES.
5.3
PUBLICATIONS AND PRESENTATIONS.
THE PARTIES ACKNOWLEDGE THAT
SCIENTIFIC PUBLICATIONS AND PRESENTATIONS MUST BE STRICTLY MONITORED TO PREVENT
ANY ADVERSE EFFECT FROM PREMATURE PUBLICATION OR DISSEMINATION OF RESULTS OF THE
ACTIVITIES HEREUNDER.
EACH PARTY AGREES THAT, EXCEPT AS REQUIRED BY APPLICABLE
LAWS, IT SHALL NOT PUBLISH OR PRESENT, OR PERMIT TO BE PUBLISHED OR PRESENTED,
THE RESULTS OF THE DEVELOPMENT OR COMMERCIALIZATION OF A LICENSED PRODUCT TO THE
EXTENT SUCH RESULTS REFER TO OR OTHERWISE RELATE TO THE LICENSED TECHNOLOGY OR
LICENSED PATENT RIGHTS (THE "COVERED RESULTS") WITHOUT THE PRIOR REVIEW BY AND
APPROVAL OF THE OTHER PARTY.
EACH PARTY SHALL PROVIDE TO THE OTHER PARTY THE
OPPORTUNITY TO REVIEW EACH OF THE SUBMITTING PARTY'S PROPOSED ABSTRACTS,
MANUSCRIPTS OR PRESENTATIONS (INCLUDING, WITHOUT LIMITATION, INFORMATION TO BE
PRESENTED VERBALLY) THAT RELATE TO THE COVERED RESULTS AT LEAST [***] ([***])
DAYS PRIOR TO ITS INTENDED PRESENTATION OR SUBMISSION FOR PUBLICATION, AND SUCH
SUBMITTING PARTY AGREES, UPON WRITTEN REQUEST FROM THE OTHER PARTY GIVEN WITHIN
SUCH [***] PERIOD, NOT TO SUBMIT SUCH ABSTRACT OR MANUSCRIPT FOR PUBLICATION OR
TO MAKE SUCH PRESENTATION UNTIL THE OTHER PARTY IS GIVEN UP TO [***] ([***])
DAYS FROM THE DATE OF SUCH WRITTEN REQUEST TO SEEK APPROPRIATE PATENT PROTECTION
FOR ANY COVERED RIGHTS IN SUCH PUBLICATION OR PRESENTATION THAT IT REASONABLY
A-20
BELIEVES MAY BE PATENTABLE.
ONCE SUCH ABSTRACTS, MANUSCRIPTS OR PRESENTATIONS
HAVE BEEN REVIEWED AND APPROVED BY EACH PARTY, THE SAME ABSTRACTS, MANUSCRIPTS
OR PRESENTATIONS DO NOT HAVE TO BE PROVIDED AGAIN TO THE OTHER PARTY FOR REVIEW
FOR A LATER SUBMISSION FOR PUBLICATION.
EACH PARTY ALSO SHALL HAVE THE RIGHT TO
REQUIRE THAT ANY OF ITS CONFIDENTIAL INFORMATION THAT IS DISCLOSED IN ANY SUCH
PROPOSED PUBLICATION OR PRESENTATION BE DELETED PRIOR TO SUCH PUBLICATION OR
PRESENTATION.
IN ANY PERMITTED PUBLICATION OR PRESENTATION BY A PARTY, THE
OTHER PARTY'S CONTRIBUTION SHALL BE DULY RECOGNIZED, AND CO-AUTHORSHIP SHALL BE
DETERMINED IN ACCORDANCE WITH CUSTOMARY INDUSTRY STANDARDS.
6.
FILING, PROSECUTION AND MAINTENANCE OF PATENT RIGHTS
6.1
PATENT FILING, PROSECUTION AND MAINTENANCE.
6.1.1
LICENSED PATENT RIGHTS.
IMMUNOGEN, ACTING THROUGH PATENT COUNSEL
OR AGENTS OF ITS CHOICE, SHALL BE RESPONSIBLE, AT ITS SOLE COST AND EXPENSE, FOR
THE PREPARATION, FILING, PROSECUTION AND MAINTENANCE OF ALL LICENSED PATENT
RIGHTS.
ALL COSTS AND EXPENSES INCURRED BY IMMUNOGEN IN CONNECTION WITH THE
PREPARATION, FILING, PROSECUTION AND MAINTENANCE OF LICENSED PATENT RIGHTS SHALL
BE THE