Common use of Enforcement Action Clause in Contracts

Enforcement Action. In the event that the Parties become aware of any alleged or threatened infringement of the Research Program Patents, other than Research Program Patents relating to Rigel Technology, ▇▇▇▇▇▇▇ shall have the right, but not the obligation, to take appropriate action against any person or entity directly or contributorily infringing such Research Program Patent. In the event ▇▇▇▇▇▇▇ fails to institute an infringement suit or take other reasonable action in response to such infringement within sixty (60) days, Rigel shall have the right, but not the obligation upon thirty (30) days written notice to ▇▇▇▇▇▇▇, to institute such suit or take other appropriate action in its own name, the joint owner's name, or both. Rigel shall have the right, but not the obligation, to take appropriate action against any person or entity directly or contributorily infringing a Research Program Patent relating to Rigel Technology. In the event Rigel fails to institute an infringement suit or take other reasonable action in response to such infringement within sixty (60) days, ▇▇▇▇▇▇▇ shall have the right, but not the obligation upon thirty (30) days notice to Rigel, to institute such suit or take other appropriate action in its own name, the joint owner's name, or both. Regardless of which Party brings an enforcement action, the other Party hereby agrees to cooperate reasonably in any such effort, including, if required, furnishing a power of attorney. The Party not bringing the action shall have the right to participate in such action at its own expense with its own counsel and in such case any recovery obtained by settlement or otherwise shall be shared by the Parties in accordance with their economic interests in such Research Program Patent.

Enforcement Action. In the event that the Parties become aware of any alleged or threatened infringement of the Research Program Patents, other than Research Program Patents relating to Rigel Technology, by a Third Party in the Field and in the ▇▇▇▇▇ Territory cannot be terminated without litigation, ▇▇▇▇▇ shall have the first right, but not the obligation, to take appropriate action against any person or entity directly or contributorily infringing such Research Program Patent. In the event ▇▇▇▇▇▇▇ fails to institute an infringement suit or take other reasonable action in response to such infringement within sixty (60[ * ] after notice in accordance with paragraph 6.3(a) daysabove, Rigel Tularik shall have the right, but not the obligation obligation, upon thirty (30) days written [ * ] notice to ▇▇▇▇▇▇▇, ▇ to institute such suit or take other appropriate action in its own name, the joint owner's name, owners' names or both. Rigel In the event that any alleged or threatened infringement of the Patents by a Third Party in the Field and in the Tularik Territory cannot be terminated without litigation, Tularik shall have the first right, but not the obligation, to take appropriate action against any person or entity directly or contributorily infringing a Research Program Patent relating to Rigel Technologysuch Patent. In the event Rigel If Tularik fails to institute an infringement suit or take other reasonable action in response to such infringement within sixty (60[ * ] after notice in accordance with paragraph 6.3(a) daysabove, ▇▇▇▇▇▇▇ shall have the right, but not the obligation obligation, upon thirty (30) days [ * ] notice to Rigel, Tularik to institute such suit or take other appropriate action in its own name, the joint owner's name, owners' names or both. Regardless of which Party brings an such enforcement action, the other Party hereby agrees to cooperate reasonably in any such effort, including, if required, bringing a legal action or furnishing a power of attorney. The Party not bringing the action shall have the right to participate in such action at its own expense with its own counsel and in such case any recovery obtained by settlement or otherwise shall be shared by disbursed as follows: Each Party shall first recover any reasonable expenses incurred in such action (including counsel fees). Thereafter, the Parties shall [ * ]; provided, however, that in accordance with their economic interests the event ▇▇▇▇▇ fails to institute an infringement suit or take other appropriate action in the ▇▇▇▇▇ Territory and Tularik shall institute such Research Program Patentsuit or take such action, [ * ].

Enforcement Action. In the event that the Parties become aware of any alleged or threatened infringement of the Research Program Patents, other than Research Program Patents relating to Rigel Technology, by a Third Party in the Field and in the ▇▇▇▇▇ Territory cannot be terminated without litigation, ▇▇▇▇▇ shall have the first right, but not the obligation, to take appropriate action against any person or entity directly or contributorily infringing such Research Program Patent. In the event ▇▇▇▇▇▇▇ fails to institute an infringement suit or take other reasonable action in response to such infringement within sixty (60[ * ] after notice in accordance with paragraph 6.3(a) daysabove, Rigel Tularik shall have the right, but not the obligation obligation, upon thirty (30) days written [ * ] notice to ▇▇▇▇▇▇▇, ▇ to institute such suit or take other appropriate action in its own name, the joint owner's name, owners' names or both. Rigel In the event that any alleged or threatened infringement of the Patents by a Third Party in the Field and in the Tularik Territory cannot be terminated without litigation, Tularik shall have the first right, but not the obligation, to take appropriate action against any person or entity directly or contributorily infringing a Research Program Patent relating to Rigel Technologysuch Patent. In the event Rigel If Tularik fails to institute an infringement suit or take other reasonable action in response to such infringement within sixty (60[ * ] after notice in accordance with paragraph 6.3(a) daysabove, ▇▇▇▇▇▇▇ shall have the right, but not the obligation obligation, upon thirty (30) days [ * ] notice to Rigel, Tularik to institute such suit or take other appropriate action in its own name, the joint owner's name, owners' names or both. Regardless of which Party brings an such enforcement action, the other Party hereby agrees to cooperate reasonably in any such effort, including, if required, bringing a legal action or furnishing a power of attorney. The Party not bringing the action shall have the right to participate in such action at its own expense with its own counsel and in such case any recovery obtained by settlement or otherwise shall be shared by disbursed as follows: Each Party shall first recover any reasonable expenses incurred in such action (including counsel fees). Thereafter, the Parties shall [ * ]; provided, however, that in accordance with their economic interests the event Knoll fails to institute an infringement suit or take other appropriate action in the Knoll Territory and Tularik shall institute such Research Program Patentsuit or take such action, [ * ].