Counterclaim. Notwithstanding the foregoing, Otsuka shall have the sole right to determine whether to assert any counterclaim under any Licensed Patent Rights and to control any such counterclaim, and to control the defense of any matters involving the validity or enforceability of any Licensed Patent Rights, including the right to solely make all substantive and procedural decisions relating to any such counterclaim or defense. Otsuka may settle, compromise or dispose of any such counterclaim or defense in its discretion.
Appears in 3 contracts
Sources: Development and Collaboration Agreement, Development and Collaboration Agreement (Acucela Inc), Development and Collaboration Agreement (Acucela Inc)