This excerpt taken from the ISIS 10-Q filed May 10, 2007.
9.1.3 Second Generation ICAM-1 Product-Specific Patents. Subject to Section 9.1.4 below, Atlantic will have the sole obligation, at Atlantics expense, to obtain, prosecute and maintain in such countries as are commercially appropriate the Second Generation ICAM-1 Product-Specific Patents using Commercially Reasonable Efforts. Atlantic will keep Isis informed of all Second Generation ICAM-1 Product-Specific Patent applications and registrations to be filed by Atlantic, and Isis will have the right to review and comment on such applications within the timeframes of the patent filing process and deadlines. For clarity, Atlantic may cease prosecuting or maintaining particular applications or patents in the Second Generation ICAM-1 Product-Specific Patents in selected jurisdictions, if Atlantic determines that it is not commercially reasonable to continue such efforts (in which case the terms of Section 9.1.4 will apply). Isis review and comment rights in this Section 9.1.3 will continue so long as there is the possibility of a Discontinuance.
9.1.4 Discontinued Patents. If under Section 9.1.2 or Section 9.1.3 a Party elects to discontinue prosecution or maintenance of any particular applications or patents in the Alicaforsen Patents, the ICAM-1 Specific Patents (if applicable), or the Second Generation ICAM-1 Product-Specific Patents, as the case may be, in a selected jurisdiction, such Party will give thirty (30) days advance written notice to the other Party of any decision to cease preparation, filing, prosecution and maintenance of that Patent right (a Discontinued Patent). In such case, the other Party may elect at its sole discretion to continue preparation, filing, prosecution or maintenance of the Discontinued Patent in the select jurisdiction at its sole expense, and thereafter such Party will own any such patent application and patents maturing therefrom and be solely responsible for all costs. In the event of a Discontinued Patent caused by Atlantic, Atlantics exclusive licenses under Article 2 and Article 4 (if applicable) with respect to such Discontinued Patent in such jurisdiction will automatically convert into nonexclusive licenses with the financial terms set forth in Article 6 remaining intact, and Isis obligations under Section 4.2 will terminate in such select jurisdiction solely with respect to such Discontinued Patent. The Party electing to cause a Discontinued Patent will execute such documents and perform such acts as may be reasonably necessary for the other Party to continue prosecution or maintenance of the applicable Discontinued Patent, including assigning ownership of such Patent or application. Should Atlantic elect to continue preparation, filing, prosecution and maintenance of Discontinued Patents which are Alicaforsen Patents or ICAM-1 Specific Patents, such Patents will no longer be deemed to be Alicaforsen Patents or ICAM-1 Specific Patents for the purposes of this Agreement. Notwithstanding the foregoing, Atlantics right to continue the preparation, filing, prosecution and maintenance of a Discontinued Patent that is an ICAM-Specific Patent is limited solely to the extent such Patent claims ICAM-1.