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SEC Filings

S-1/A
OREXIGEN THERAPEUTICS, INC. filed this Form S-1/A on 04/09/2007
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8.03   LICENSEE agrees to forward [***] to OHMS a copy of such reports received by LICENSEE from its sublicensees during the preceding [***] period [***] as shall be pertinent to a royalty accounting to OHSU by LICENSEE for activities under the sublicense.
 
8.04   All plans and reports required by this Article 8 and marked “CONFIDENTIAL” by LICENSEE shall be treated by OHSU as commercial and financial information obtained as privileged and confidential and, to the extent permitted by law, shall not be disclosed to any third party.
 
9.   PERFORMANCE
 
9.01   LICENSEE shall use its reasonable best efforts to make diligent progress toward the introduction of the Licensed Products or Screening Products into the commercial market as soon as practicable. The efforts of a sublicensee shall be considered the efforts of LICENSEE.
 
9.02   Exhibit A sets out a list of milestones and dates for completion agreed to by OHSU and the LICENSEE. The successful completion of these milestones on or before the designated date will be accepted by OHSU as diligent progress toward the commercialization of the invention. Failure to achieve any milestone in Exhibit A will be grounds for OHSU to re-open negotiations with the possibility of OHSU terminating or modifying this Agreement.
 
9.03   Upon the First Commercial Sale, until the expiration of this Agreement, LICENSEE shall use its reasonable best efforts to keep Licensed Products or Screening Products reasonably accessible to the public.
 
10.   PATENT FILING, PROSECUTION, AND MAINTENANCE
 
10.01   OHSU agrees to take responsibility for the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Mouse Patent Rights and Licensed Screening Patent Rights.
 
10.02   LICENSEE agrees to take responsibility for the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Assigned Therapeutic Patent Rights, and shall have full discretion regarding selection of countries in which to foreign file. If LICENSEE elects to abandon any national stage application of the Assigned Therapeutic Patent Rights, OHSU has the right to continue prosecuting or maintaining the patent. LICENSEE will alert OHSU and give OHSU [***] ([***]) days to decide whether OHSU desires to continue the patent prosecution or maintenance at OHSU’s sole expense.
 
11.   INFRINGEMENT AND PATENT ENFORCEMENT
 
11.01   OHSU and LICENSEE agree to notify each other promptly of each infringement or possible infringement, as well as any facts which may affect the validity, scope, or enforceability of the Patent Rights of which either Party becomes aware.
 
***   Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.