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SEC Filings

S-1/A
OREXIGEN THERAPEUTICS, INC. filed this Form S-1/A on 04/09/2007
Entire Document
 
 

      this Section 6.01(a) shall be made by OREXIGEN, subject to the approval of DANTE which approval shall not be unreasonably withheld or delayed. OREXIGEN’s obligations under this Section 6.01(a) shall include, without limitation, an obligation to inform DANTE in a timely manner (no less than [***] ([***]) days prior to the appertaining filing deadlines) that OREXIGEN will not pursue patents in any non-US country so that DANTE may pursue such patents if it so desires in which case from the date of such filing of such patent applications by DANTE shall not be considered PATENT RIGHTS and OREXIGEN shall be deemed to have forfeited all rights under this AGREEMENT to such patent applications and resulting patents. (APPENDIX A shall be deemed to be so amended.) For avoidance of doubt, it is understood that OREXIGEN shall assume direct and full responsibility for payment of expenses it incurs as a result of his assumption of responsibility for prosecution of PATENT RIGHTS under this Section 6.01(a).
  6.02   Patent Costs.
  (a)   During the term of this AGREEMENT, payment of all PATENT RIGHTS EXPENSES shall be the responsibility of OREXIGEN, whether such fees and costs were incurred before or after the EFFECTIVE DATE of this AGREEMENT. Notwithstanding anything to the contrary in this AGREEMENT, except as OREXIGEN declines interest in non-US patent pursuit, OREXIGEN shall be responsible for all PATENT RIGHTS EXPENSES associated with the preparation and filing of the PCT application(s) contained within the PATENT RIGHTS as well as all PATENT RIGHTS EXPENSES associated with pursuit and maintenance of the PATENT RIGHTS. Within thirty (30) days of the EFFECTIVE DATE of this AGREEMENT, OREXIGEN agrees to reimburse DANTE for PATENT RIGHTS EXPENSES (not to exceed forty thousand dollars ($40,000)) which were incurred by DANTE, and for which attorney invoices were received and processed by DANTE, before the EFFECTIVE DATE.
 
  (b)   If OREXIGEN decides to discontinue the financial support of the prosecution or maintenance of a subject PATENT APPLICATION or patent falling within the scope of PATENT RIGHTS, OREXIGEN will give DANTE timely written notice at least two (2) months in advance of the effective date of OREXIGEN’s decision and DANTE will be free to continue prosecution or maintain any such application(s)/patents, and to maintain any protection issuing thereon in the U.S. and in any foreign country at DANTE’s sole expense. In such instances, from the date of DANTE’s receipt of such written notice from OREXIGEN, such patent and/or DANTE PATENT APPLICATION shall no longer be considered to fall within the definition of PATENT RIGHTS (APPENDIX A shall be deemed to be so amended) and OREXIGEN shall forfeit all rights under this AGREEMENT to the subject issued patent(s) and/or subject DANTE
 
***   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.

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