Examples of Infringement in a sentence
If Licensee elects not to, or does not, initiate and prosecute an Exclusive Infringement Action in a timely manner, then BlinkBio or its designee shall have the right to do so.
If the Infringement relates to a Co-Exclusive TDC, Co-Exclusive Target or Co-Exclusive Product, then BlinkBio or the Co-Exclusive Licensee, upon notice to Licensee, shall have the first right to initiate and prosecute such legal action (“Co-Exclusive Infringement Action,” and together with an Exclusive Infringement Action, an “Infringement Action”) at its expense.
The enforcing Party shall have the right to join the other Party as a party to such action if the other Party is a necessary party to such action, in which case the enforcing Party shall be responsible for the other Party’s costs and expenses incurred in joining such Infringement Action.
Advaxis shall have the sole right, but not the obligation, to initiate and control any Infringement proceedings or take other appropriate actions against an Infringement of any Advaxis Other Patent, take steps to enforce or defend any such Advaxis Other Patent and control, settle, and defend such suit, or to defend a challenge of the such Patents in a declaratory judgment action, in each case at Advaxis’s expense.
If BlinkBio elects not to, or does not, initiate and prosecute a Co-Exclusive Infringement Action in a timely manner, and if the Co-Exclusive Licensee does not initiate and prosecute a Co-Exclusive Infringement Action in a timely manner, and if Licensee is actively developing or commercializing a Co-Exclusive Product at such time, then Licensee or its designee shall have the right to do so.