THE REQUEST OF THE
OTHER PARTY, THE PROSECUTING PARTY, OR ITS OUTSIDE COUNSEL, WILL PROVIDE THE
OTHER PARTY WITH AN UPDATE OF THE FILING, PROSECUTION AND MAINTENANCE STATUS FOR
EACH OF THE PRODUCT SPECIFIC PATENTS ON A PERIODIC BASIS FOR WHICH THE
PROSECUTING PARTY ASSUMES LEAD RESPONSIBILITY AND WILL REASONABLY CONSULT WITH
AND COOPERATE WITH THE OTHER PARTY WITH RESPECT TO THE PREPARATION, FILING,
PROSECUTION AND MAINTENANCE OF SUCH PRODUCT SPECIFIC PATENTS. IF REQUESTED IN
WRITING BY THE OTHER PARTY, THE PROSECUTING PARTY, OR ITS OUTSIDE COUNSEL, WILL
PROVIDE TO THE OTHER PARTY COPIES OF ANY PAPERS RELATING TO THE FILING,
PROSECUTION AND MAINTENANCE OF SUCH PRODUCT SPECIFIC PATENTS PROMPTLY UPON THEIR
BEING FILED OR RECEIVED.
(D)
ELECTION NOT TO FILE, PROSECUTE, OR MAINTAIN PRODUCT SPECIFIC PATENTS. IN THE
EVENT THAT THE PROSECUTING PARTY ELECTS NOT TO PURSUE OR CONTINUE THE FILING,
PROSECUTION (INCLUDING ANY MATERIAL REDUCTION IN CLAIM SCOPE) OR MAINTENANCE OF
ANY PATENTS OR SUBJECT MATTER INCLUDED IN SUCH PRODUCT SPECIFIC PATENTS IN ANY
COUNTRY, IT WILL PROVIDE THE OTHER PARTY WITH AN OPPORTUNITY TO ASSUME
RESPONSIBILITY AND COSTS FOR SUCH FILING, PROSECUTION OR MAINTENANCE OF SUCH
PRODUCT SPECIFIC PATENTS AS SET FORTH IN THIS SECTION 9.2.3. THE PROSECUTING
PARTY WILL NOT KNOWINGLY PERMIT ANY SUCH PRODUCT SPECIFIC PATENT TO BE ABANDONED
IN ANY COUNTRY, OR ELECT NOT TO FILE A NEW PATENT APPLICATION CLAIMING PRIORITY
TO A PATENT APPLICATION WITHIN SUCH PRODUCT SPECIFIC PATENTS EITHER BEFORE SUCH
PATENT APPLICATION'S ISSUANCE OR WITHIN THE TIME PERIOD REQUIRED FOR THE FILING
OF AN INTERNATIONAL (I.E., PATENT COOPERATION TREATY), REGIONAL (INCLUDING
EUROPEAN PATENT OFFICE) OR NATIONAL APPLICATION, WITHOUT THE OTHER PARTY'S
WRITTEN CONSENT OR THE OTHER PARTY OTHERWISE FIRST BEING GIVEN AN OPPORTUNITY TO
ASSUME FULL RESPONSIBILITY (AT THE ASSUMING PARTY'S EXPENSE) FOR THE CONTINUED
PROSECUTION AND MAINTENANCE OF SUCH PRODUCT SPECIFIC PATENTS, OR THE FILING OF
SUCH NEW PATENT APPLICATION. ACCORDINGLY, THE PROSECUTING PARTY, OR ITS OUTSIDE
COUNSEL, WILL, TO THE EXTENT THAT IT IS ABLE, PROVIDE THE OTHER PARTY WITH
NOTICE OF THE
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ALLOWANCE AND EXPECTED ISSUANCE DATE OF ANY PATENT WITHIN THE PRODUCT SPECIFIC
PATENTS, OR ANY OF THE AFOREMENTIONED FILING DEADLINES, AND THE OTHER PARTY WILL
PROVIDE THE PROSECUTING PARTY WITH PROMPT NOTICE AS TO WHETHER THE OTHER PARTY
DESIRES THE PROSECUTING PARTY TO FILE ANY SUCH NEW PATENT APPLICATION.
(E)
NATIONAL PHASE FILING DECISIONS FOR PRODUCT SPECIFIC PATENTS. AT THE TIME THAT A
PRODUCT SPECIFIC PATENT IS READY TO ENTER NATIONAL PHASE OUTSIDE OF THE UNITED
STATES, THE PROSECUTING PARTY SHALL PROVIDE NOTICE TO THE OTHER PARTY AT LEAST
30 BUSINESS DAYS PRIOR TO THE NATIONAL PHASE DEADLINE THAT AN ELECTION OF
COUNTRIES IS REQUIRED. OMI WILL PROVIDE NOTICE TO ISIS OF THE COUNTRIES IT
INTENDS TO ELECT AND OMI SHALL BEAR THE REASONABLE COSTS OF SUCH ELECTION.. AT A
MINIMUM, OMI MUST ELECT THE COUNTRIES IN WHICH OMI TYPICALLY ENTERS NATIONAL
PHASE FOR OMI'S PRODUCTS (COLLECTIVELY, THE "MINIMUM OMI COUNTRIES"). THE
MINIMUM OMI COUNTRIES AS OF THE EXECUTION DATE ARE SET FORTH