Common use of Enforcement of Patent Rights Clause in Contracts

Enforcement of Patent Rights. Oxis, at its sole expense, shall have the right to determine the appropriate course of action to enforce Licensed Patent Rights or otherwise xxxxx the infringement thereof, to take (or refrain from taking) appropriate action to enforce Licensed Patent Rights, to defend any declaratory judgments seeking to invalidate or hold the Licensed Patent Rights unenforceable, to control any litigation or other enforcement action and to enter into, or permit, the settlement of any such litigation, declaratory judgments or other enforcement action with respect to Licensed Patent Rights, in each case in Oxis' own name and, if necessary for standing purposes, in the name of Licensor and shall consider, in good faith, the interests of Licensor in so doing. If Oxis does not, within one hundred twenty (120) days of receipt of notice from Licensor, xxxxx the infringement or file suit to enforce the Licensed Patent Rights against at least one infringing party in the Territory, Licensor shall have the right to take whatever action it deems appropriate to enforce the Licensed Patent Rights; provided, however, that, within thirty (30) days after receipt of notice of Licensor's intent to file such suit, Oxis shall have the right to jointly prosecute such suit and to fund up to one-half (½) the costs of such suit. The party controlling any such enforcement action shall not settle the action or otherwise consent to an adverse judgment in such action that diminishes the rights or interests of the non-controlling party without the prior written consent of the other party. All monies recovered upon the final judgment or settlement of any such suit to enforce the Licensed Patent Rights shall be shared, after reimbursement of expenses, in relation to the damages suffered by each party. If Oxis does not receive sufficient monies from a final judgment or settlement to cover its expenses for such suit, Oxis shall have the right to credit up to fifty percent (50%) of such expenses against any royalties or other fees owing by Oxis pursuant to Section 4 above.

Enforcement of Patent Rights. OxisInnovive, at its sole [*] expense, shall have the right to determine the appropriate course of action to enforce Licensed Patent Rights or otherwise xxxxx axxxx the infringement thereof, to take (or refrain from taking) appropriate action to enforce Licensed Patent Rights, to defend any declaratory judgments seeking to invalidate or hold the Licensed Patent Rights unenforceable, to control any litigation or other enforcement action and to enter into, or permit, the settlement of any such litigation, declaratory judgments or other enforcement action with respect to Licensed Patent Rights, in each case in Oxis' Innovive’s own name and, if necessary for standing purposesrequired by law, in the name of Licensor TMRC and shall consider, in good faith, the interests of Licensor TMRC in so doing. If Oxis Innovive does not, within one hundred twenty (120) days of receipt of notice from LicensorTMRC, xxxxx axxxx the infringement or file suit to enforce the Licensed Patent Rights against at least one infringing party in the Territory, Licensor TMRC shall have the right to take whatever action it deems appropriate to enforce the Licensed Patent Rights; provided, however, that, within thirty (30) days after receipt of notice of Licensor's TMRC’s intent to file such suit, Oxis Innovive shall have the right to jointly prosecute such suit and to fund up to one-half (½) [*] the costs of such suit. The party controlling any such enforcement action shall not settle the action or otherwise consent to an adverse judgment in such action that diminishes the rights or interests of the non-controlling party without the prior written consent of the other party. All monies recovered upon the final judgment or settlement of any such suit to enforce the Licensed Patent Rights shall be shared, after reimbursement of expenses, in relation to the damages suffered by each party. If Oxis does not receive sufficient monies from a final judgment or settlement to cover its expenses for such suit, Oxis shall have the right to credit up to fifty percent (50%) of such expenses against any royalties or other fees owing by Oxis pursuant to Section 4 above.

Enforcement of Patent Rights. OxisCompany, at its sole expense, shall have the right to determine the appropriate course of action to enforce Licensed Patent Rights or otherwise xxxxx abate the infringement infrixxxxxnt thereof, to take (or refrain from taking) appropriate action to enforce Licensed Patent Rights, to defend any declaratory judgments seeking to invalidate or hold the Licensed Patent Rights unenforceable, to control any litigation or other enforcement action and to enter into, or permit, the settlement of any such litigation, declaratory judgments or other enforcement action with respect to Licensed Patent Rights, in each case in Oxis' Company's own name and, if necessary for standing purposes, in the name of Licensor ID4 and shall consider, in good faith, the interests of Licensor ID4 in so doing. If Oxis Company does not, within one hundred twenty (120) days of receipt of notice from LicensorID4, xxxxx abate the infringement infrixxxxxnt or file suit to enforce the Licensed Patent Rights against at least one infringing party in the Territory, Licensor shall have the ID4 xxxxx xxxx xxx right to take whatever action it deems appropriate to enforce the Licensed Patent Rights; provided, however, that, within thirty (30) days after receipt of notice of LicensorID4's intent to file such suit, Oxis Company shall have the right to jointly prosecute such suit and to fund up to one-half (½) the costs of such suit. The party controlling any such enforcement action shall not settle the action or otherwise consent to an adverse judgment in such action that diminishes the rights or interests of the non-controlling party without the prior written consent of the other party. All monies recovered upon the final judgment or settlement of any such suit to enforce the Licensed Patent Rights shall be shared, after reimbursement of expenses, in relation to the damages suffered by each party. If Oxis Company does not receive sufficient monies from a final judgment or settlement to cover its expenses for such suit, Oxis Company shall have the right to credit up to fifty percent (50%) of such expenses against any royalties or other fees owing by Oxis Company pursuant to Section 4 above.

Enforcement of Patent Rights. OxisCompany, at its sole expense, shall have the right to determine the appropriate course of action to enforce Licensed Patent Rights or otherwise xxxxx axxxx the infringement thereof, to take (or refrain from taking) appropriate action to enforce Licensed Patent Rights, to defend any declaratory judgments seeking to invalidate or hold the Licensed Patent Rights unenforceable, to control any litigation or other enforcement action and to enter into, or permit, the settlement of any such litigation, declaratory judgments or other enforcement action with respect to Licensed Patent Rights, in each case in Oxis' Company’s own name and, if necessary for standing purposes, in the name of Licensor ID4 and shall consider, in good faith, the interests of Licensor ID4 in so doing. If Oxis Company does not, within one hundred twenty (120) days of receipt of notice from LicensorID4, xxxxx axxxx the infringement or file suit to enforce the Licensed Patent Rights against at least one infringing party in the TerritoryTxxxxxxxx, Licensor XX0 shall have the right to take whatever action it deems appropriate to enforce the Licensed Patent Rights; provided, however, that, within thirty (30) days after receipt of notice of Licensor's ID4’s intent to file such suit, Oxis Company shall have the right to jointly prosecute such suit and to fund up to one-half (½) the costs of such suit. The party controlling any such enforcement action shall not settle the action or otherwise consent to an adverse judgment in such action that diminishes the rights or interests of the non-controlling party without the prior written consent of the other party. All monies recovered upon the final judgment or settlement of any such suit to enforce the Licensed Patent Rights shall be shared, after reimbursement of expenses, in relation to the damages suffered by each party. If Oxis Company does not receive sufficient monies from a final judgment or settlement to cover its expenses for such suit, Oxis Company shall have the right to credit up to fifty percent (50%) of such expenses against any royalties or other fees owing by Oxis Company pursuant to Section 4 above.

Enforcement of Patent Rights. OxisProNAi, at its sole expense, shall have the right to determine the appropriate course of action to enforce Licensed Patent Rights or otherwise xxxxx the infringement thereof, to take (or refrain from taking) appropriate action to enforce Licensed Patent Rights, to defend any declaratory judgments seeking to invalidate or hold the Licensed Patent Rights unenforceable, to control any litigation or other enforcement action and to enter into, or permit, the settlement of any such litigation, declaratory judgments or other enforcement action with respect to Licensed Patent Rights, in each case in Oxis' ProNAi’s own name and, if necessary for standing purposes, in the name of Licensor Carna and shall consider, in good faith, the interests of Licensor Carna in so doing. If Oxis ProNAi does not, within one hundred twenty (120) days of receipt of notice from LicensorCarna, xxxxx the infringement or file suit to enforce the Licensed Patent Rights against at least one infringing party in the Territory, Licensor Carna shall have the right to take whatever action it deems appropriate to enforce the Licensed Patent Rights; provided, however, that, within thirty (30) days after receipt of notice of Licensor's Carna’s intent to file such suit, Oxis ProNAi shall have the right to jointly prosecute such suit and to fund up to one-half (½( 1⁄2) the costs of such suit. The party controlling any such enforcement action shall not settle the action or otherwise consent to an adverse judgment in such action that diminishes the rights or interests of the non-controlling party without the prior written consent of the other party. All monies recovered upon the final judgment or settlement of any such suit to enforce the Licensed Patent Rights shall be shared, after reimbursement of expenses, in relation to the damages suffered by each party. If Oxis ProNAi does not receive sufficient monies from a final judgment or settlement to cover its expenses for such suit, Oxis ProNAi shall have the right to credit up to fifty percent (50%) of such expenses against any royalties or other fees owing by Oxis ProNAi pursuant to Section 4 above4.

Enforcement of Patent Rights. Oxis, at its sole expense, shall have the right to determine the appropriate course of action to enforce Licensed Patent Rights or otherwise xxxxx axxxx the infringement thereof, to take (or refrain from taking) appropriate action to enforce Licensed Patent Rights, to defend any declaratory judgments seeking to invalidate or hold the Licensed Patent Rights unenforceable, to control any litigation or other enforcement action and to enter into, or permit, the settlement of any such litigation, declaratory judgments or other enforcement action with respect to Licensed Patent Rights, in each case in Oxis' ’ own name and, if necessary for standing purposes, in the name of Licensor and shall consider, in good faith, the interests of Licensor in so doing. If Oxis does not, within one hundred twenty (120) days of receipt of notice from Licensor, xxxxx axxxx the infringement or file suit to enforce the Licensed Patent Rights against at least one infringing party in the Territory, Licensor shall have the right to take whatever action it deems appropriate to enforce the Licensed Patent Rights; provided, however, that, within thirty (30) days after receipt of notice of Licensor's ’s intent to file such suit, Oxis shall have the right to jointly prosecute such suit and to fund up to one-half (½) the costs of such suit. The party controlling any such enforcement action shall not settle the action or otherwise consent to an adverse judgment in such action that diminishes the rights or interests of the non-controlling party without the prior written consent of the other party. All monies recovered upon the final judgment or settlement of any such suit to enforce the Licensed Patent Rights shall be shared, after reimbursement of expenses, in relation to the damages suffered by each party. If Oxis does not receive sufficient monies from a final judgment or settlement to cover its expenses for such suit, Oxis shall have the right to credit up to fifty percent (50%) of such expenses against any royalties or other fees owing by Oxis pursuant to Section 4 above.

Enforcement of Patent Rights. OxisLicensee, at its sole expense, shall have the right to determine the appropriate course of action to enforce Licensed Patent Rights Patents or otherwise xxxxx the infringement thereof, to take (or refrain from taking) appropriate action to enforce Licensed Patent RightsenforceLicensed Patents, to defend any declaratory judgments seeking to invalidate or hold the Licensed Patent Rights Patents unenforceable, to control any litigation or other enforcement action and to enter into, or permit, the settlement of any such litigation, declaratory judgments or other enforcement action with respect to Licensed Patent RightsPatents, in each case in Oxis' Licensee's own name and, if necessary for standing purposes, in the name of Licensor and shall consider, in good faith, the interests of Licensor in so doing. If Oxis Licensee does not, within one hundred twenty six (1206) days of months after receipt of notice from Licensor, xxxxx the infringement or file suit to enforce the Licensed Patent Rights Patents against at least one infringing party in the TerritoryParty , Licensor shall have the right to take whatever action it deems appropriate to enforce the Licensed Patent RightsPatents; provided, however, that, within thirty (30) days after receipt of notice of Licensor's intent to file such suit, Oxis Licensee shall have the right to jointly prosecute such suit and to fund up to one-half (½V2) the costs of such suit. The party Party controlling any such joint enforcement action shall not settle the action or otherwise consent to an adverse judgment in such joint action that diminishes the rights or interests of the non-controlling party Party without the prior written consent of the other partyParty. All monies recovered upon the final judgment or settlement of any such suit to enforce the Licensed Patent Rights Patents shall be shared, after reimbursement of expenses, shared in relation to the damages suffered (including attorneys' fees and expenses for the enforcement action) incurred by each party. If Oxis does not receive sufficient monies from Party as a final judgment or settlement to cover its expenses for such suit, Oxis shall have the right to credit up to fifty percent (50%) result of such expenses against infringement; and such recovery shall not be treated as Revenues for purposes of Section 4.2.1. Notwithstanding the foregoing, to the extent any royalties or other fees owing by Oxis pursuant part of the recovery includes a reasonable royalty payable to Licensee, such royalty amounts shall be deemed Revenue on which Licensee will pay a royalty to Licensor in accordance with Section 4 above4.2.1.

Enforcement of Patent Rights. OxisCompany, at its sole expense, shall have the right to determine the appropriate course of action to enforce Licensed Patent Rights or otherwise xxxxx the infringement thereof, to take (or refrain from taking) appropriate action to enforce Licensed Patent Rights, to defend any declaratory judgments seeking to invalidate or hold the Licensed Patent Rights unenforceable, to control any litigation or other enforcement action and to enter into, or permit, the settlement of any such litigation, declaratory judgments or other enforcement action with respect to Licensed Patent Rights, in each case in Oxis' Company’s own name and, if necessary for standing purposes, in the name of Licensor and shall consider, in good faith, the interests of Licensor in so doing. If Oxis Company does not, within one hundred twenty (120) days of receipt of notice from Licensor, xxxxx the infringement or file suit to enforce the Licensed Patent Rights against at least one infringing party in the Territory, Licensor shall have the right to take whatever action it deems appropriate to enforce the Licensed Patent Rights; provided, however, that, within thirty (30) days after receipt of notice of Licensor's ’s intent to file such suit, Oxis Company shall have the right to jointly prosecute such suit and to fund up to one-half [*] (½[*]) the costs of such suit. The party Party controlling any such enforcement action shall not settle the action or otherwise consent to an adverse judgment in such action that diminishes the rights or interests of the non-controlling party Party without the prior written consent of the other partyParty. All monies recovered upon the final judgment or settlement of any such suit to enforce the Licensed Patent Rights shall be shared, after reimbursement of expenses, in relation to the damages suffered by each partyParty. If Oxis does not receive sufficient monies from a final judgment or settlement to cover its expenses for such suit, Oxis shall have the right to credit up to fifty percent (50%) of such expenses against any royalties or other fees owing by Oxis pursuant to Section 4 above*Confidential Treatment Requested.

Enforcement of Patent Rights. OxisCompany, at its sole expense, shall have the right to determine the appropriate course of action to enforce Licensed Patent Rights or otherwise xxxxx the infringement thereof, to take (or refrain from taking) appropriate action to enforce Licensed Patent Rights, to defend any declaratory judgments seeking to invalidate or hold the Licensed Patent Rights unenforceable, to control any litigation or other enforcement action and to enter into, or permit, the settlement of any such litigation, declaratory judgments or other enforcement action with respect to Licensed Patent Rights, in each case in Oxis' Company's own name and, if necessary for standing purposes, in the name of Licensor ID4 and shall consider, in good faith, the interests of Licensor ID4 in so doing. If Oxis Company does not, within one hundred twenty (120) days of receipt of notice from LicensorID4, xxxxx the infringement or file suit to enforce the Licensed Patent Rights against at least one infringing party in the TerritoryXxxxxxxxx, Licensor XX0 shall have the right to take whatever action it deems appropriate to enforce the Licensed Patent Rights; provided, however, that, within thirty (30) days after receipt of notice of LicensorID4's intent to file such suit, Oxis Company shall have the right to jointly prosecute such suit and to fund up to one-half (½) the costs of such suit. The party controlling any such enforcement action shall not settle the action or otherwise consent to an adverse judgment in such action that diminishes the rights or interests of the non-controlling party without the prior written consent of the other party. All monies recovered upon the final judgment or settlement of any such suit to enforce the Licensed Patent Rights shall be shared, after reimbursement of expenses, in relation to the damages suffered by each party. If Oxis Company does not receive sufficient monies from a final judgment or settlement to cover its expenses for such suit, Oxis Company shall have the right to credit up to fifty percent (50%) of such expenses against any royalties or other fees owing by Oxis Company pursuant to Section 4 above.