Declaratory Actions. In the event that a declaratory judgment action alleging invalidity or non-infringement of any of the Patent Rights in the Territory shall be brought against either Party, the Party against which such action is brought shall notify the other Party. In any declaratory judgment action described in this Section 4.4, MKG and EPIX shall cooperate in all respects at the request of the other Party and, to the extent possible, have its employees testify when requested and make available relevant records, papers, information, samples and the like.
Appears in 2 contracts
Sources: Strategic Collaboration Agreement (EPIX Pharmaceuticals, Inc.), Strategic Collaboration Agreement (Epix Medical Inc)