Damage awards. Any damages recovered by the party bringing the action for patent infringement will be used first to compensate that party for its out-of-pocket expenses in the prosecution of any such action, suit or proceeding for infringement. Any remaining damages recovered by that party will be apportioned between VisiJet and Xxxxxxx in proportion to the damage incurred by each party as a result of the infringement.
Appears in 3 contracts
Samples: Manufacturing, Supply and Distribution Agreement (Visijet Inc), Supply and Distribution Agreement (Visijet Inc), Manufacturing, Supply and Distribution Agreement (Advanced Refractive Technologies, Inc.)
Damage awards. Any damages recovered by the party bringing the action for patent infringement will be used first to compensate that party for its out-of-pocket expenses in the prosecution of any such action, suit or proceeding for infringement. Any remaining damages recovered by that party will be apportioned between VisiJet SONOMED and Xxxxxxx OTI in proportion to the damage incurred by each party as a result of the infringement.
Appears in 1 contract
Samples: Manufacturing Supply and Distribution Agreement (Escalon Medical Corp)
