Common use of By Bioject Clause in Contracts

By Bioject. Bioject shall have the first right (itself or through others), at its sole option and expense, to bring suit to enforce the intellectual property rights within such Licensed Technology and/or to defend any declaratory judgment action with respect thereto, in each case with respect to an Infringement (each, for purposes of Section 12.8, an "Enforcement Action").

By Bioject. Bioject shall have the first right (itself or through others), at its sole option and expense, to bring suit to enforce the intellectual property rights within such Licensed Technology and/or to defend any declaratory judgment action with respect thereto, in each case with respect to an Infringement (each, for purposes of this Section 12.89.4, an "Enforcement Action").