Common use of After notification Clause in Contracts

After notification. of The Regents as described in Paragraph 9.1, IntraBiotics may take legal action against the infringement of Joint Patent Rights. In the case of Regents' Patent Rights, IntraBiotics may request that The Regents take legal action against the infringement of Regents' Patent Rights in the Field. Such request shall be made in writing and shall include reasonable evidence of such infringement and damages to IntraBiotics. If the infringing activity has not been abated within [ * ] following the effective date of such request, The Regents shall have the right to (a) commence suit on its own account or (b) refuse to participate in such suit. The Regents shall give notice of its election in writing to IntraBiotics by the end of the [ * ] after receiving notice of such request from IntraBiotics. IntraBiotics may thereafter bring suit for patent infringement in its own name, if and only if The Regents elects not to commence suit and if the infringement occurred during the period and in a jurisdiction where IntraBiotics possesses exclusive rights under this Agreement. However, in the event IntraBiotics elects to bring suit in accordance with this paragraph, The Regents may thereafter join such suit at its own expense. In the case where only Joint Patent Rights are infringed, The Regents must have the consent of IntraBiotics in order to join such suit. IntraBiotics shall have the right to join any such litigation brought by The Regents at IntraBiotics' cost and expense and with counsel of IntraBiotics' choice.