Common use of Declaratory Judgment Action Clause in Contracts

Declaratory Judgment Action. In the event of an assertion of invalidity or unenforceability of Patents Controlled by either CombinatoRx or Fovea relating to either Licensed Combinations or the Collaboration Combination, the Party receiving notice of such assertion shall promptly advise the other Party in writing of such assertion and of all relevant facts and circumstances known to such Party pertaining to such assertion. The Parties shall thereafter consult and cooperate fully to determine a course of action, with the Party controlling prosecution pursuant to Article 6, and in the case of Fovea Collaboration Combination IP, each Party in its own Territory and, in the Shared Territory, both Parties cooperating in controlling the defense of such assertion.

Declaratory Judgment Action. In the event of an assertion of invalidity or unenforceability of Patents Controlled by either CombinatoRx or Fovea relating to either Licensed Combinations or the Collaboration CombinationCombinations, the Party receiving notice of such assertion shall promptly advise the other Party in writing of such assertion and of all relevant facts and circumstances known to such Party pertaining to such assertion. The Parties shall thereafter consult and cooperate fully to determine a course of action, with the Party controlling prosecution pursuant to Article 6, and in the case of Fovea Collaboration Combination IP, each Party in its own Territory and, in the Shared Territory, both Parties cooperating in acting under the direction of the Joint Patent Committee, controlling the defense of such assertion.

Declaratory Judgment Action. In the event of an assertion of invalidity or unenforceability of Patents Controlled by either CombinatoRx or Fovea relating to either Licensed Combinations or the Collaboration CombinationCombinations, the Party receiving notice of such assertion shall promptly advise the other Party in writing of such assertion and of all relevant facts and circumstances known to such Party pertaining to such assertion. The Parties shall thereafter consult and cooperate fully to determine a course of action, with the Party controlling prosecution pursuant to Article 6, and in the case of Fovea Collaboration Combination IP, each Party in its own Territory and, in the Shared Territory, both Parties cooperating in controlling the defense of such assertion.