Common use of Enforcement of Patent Rights Clause in Contracts

Enforcement of Patent Rights. Licensor shall have the right at its sole expense and in its sole discretion to control the enforcement of the Patent Rights against infringers. If, within [***] months of receipt of written notice from Company that a Third Party is marketing in the Field in the Territory a product that infringes the Patent Rights, Licensor fails to xxxxx the infringement or file suit to enforce such Patent Rights against the infringing party, then the Company shall have the right to take whatever action it deems appropriate in its own name and, if required by law, in the name of Licensor to enforce such Patent Rights in the Field and Territory, and Licensor shall reasonably cooperate with Company in the planning and execution of any such action to enforce the Patent Rights in the Field in the Territory. The party controlling any such enforcement action may not settle, or otherwise consent to an adverse judgment in, such action that diminishes the rights or interests of the non-controlling party without the prior express written consent of the non-controlling party. All monies recovered upon the final judgment or settlement of such action shall be shared, after reimbursement of expenses, in relation to the damages suffered by each party. If the Company does not receive sufficient monies from a final judgment or settlement to cover its expenses for such suit, the Company shall have the right to credit up to [***] percent ([***]%) of such expenses against any royalties or other fees owing by the Company pursuant to Article 2 above.

Enforcement of Patent Rights. Licensor shall have the right sole right, at its sole expense and in its sole discretion discretion, to control the enforcement bring any legal action for infringement of the Matritech Patent Rights against infringers. If, within [***] months and/or the Matritech Trademark Rights or to defend any counterclaim of receipt invalidity or action of written notice from Company that a Third Party is marketing in the Field in the Territory a product that infringes the Patent Rights, Licensor fails to xxxxx the third party for declaratory judgment of non-infringement or file suit to enforce such Patent Rights against the infringing party, then the Company shall have the right to take whatever action it deems appropriate in its own name and, if required by law, in the name of Licensor to enforce such Patent Rights in the Field and Territoryinterference (“Enforcement Actions”), and Licensor shall reasonably cooperate with Company in the planning may bring or defend and execution of may settle any such action Enforcement Actions solely at its own expense and through its counsel. Any recovery or proceeds of settlement or judgment in any Enforcement Actions brought or defended by Licensor under this Section 7(d) shall be shared in order, as follows: (A) Licensor shall recoup all of its reasonable out-of-pocket costs and expenses incurred in connection with such Enforcement Action; (B) any balance shall be applied toward the unpaid balance of all principal, premium, if any, interest on the Notes, and any other amounts payable pursuant to enforce the Patent Rights terms of the Notes; and (C) any and all remaining balance shall be received by Licensor. If Licensor reasonably requests, Licensee agrees to become a party to and to participate in the Field in the Territory. The party controlling any such enforcement Enforcement Actions, and, without limiting the generality of the foregoing, Licensor may implead Licensee as a necessary party to any such legal action may not settle, or otherwise and Licensee agrees to consent to an adverse judgment insuch joinder; provided, such action however that diminishes the rights or interests of the non-controlling party without the prior express written consent of the non-controlling party. All monies recovered upon the final judgment or settlement of such action Licensee’s participation shall be shared, after reimbursement of expenses, in relation to the damages suffered by each party. If the Company does not receive sufficient monies from a final judgment or settlement to cover its expenses for such suit, the Company shall have the right to credit up to [***] percent ([***]%) of such expenses against any royalties or other fees owing by the Company pursuant to Article 2 aboveat Licensor’s expense.

Enforcement of Patent Rights. Licensor shall have the right sole right, at its sole expense and in its sole discretion discretion, to control the enforcement bring any legal action for infringement of the Matritech Patent Rights against infringers. If, within [***] months and/or the Matritech Trademark Rights or to defend any counterclaim of receipt invalidity or action of written notice from Company that a Third Party is marketing in the Field in the Territory a product that infringes the Patent Rights, Licensor fails to xxxxx the third party for declaratory judgment of non-infringement or file suit to enforce such Patent Rights against the infringing party, then the Company shall have the right to take whatever action it deems appropriate in its own name and, if required by law, in the name of Licensor to enforce such Patent Rights in the Field and Territoryinterference (“Enforcement Actions”), and Licensor shall reasonably cooperate with Company in the planning may bring or defend and execution of may settle any such action Enforcement Actions solely at its own expense and through its counsel. Any recovery or proceeds of settlement or judgment in any Enforcement Actions brought or defended by Licensor under this Section 7(d) shall be shared in order, as follows: (A) Licensor shall recoup all of its reasonable out-of-pocket costs and expenses incurred in connection with such Enforcement Action; (B) any balance shall be applied toward the unpaid balance of all principal, premium, if any, interest on the Notes, and any other amounts payable pursuant to enforce the Patent Rights terms of the Notes; and (C) any and all remaining balance shall be received by Licensor.. If Licensor reasonably requests, Licensee agrees to become a party to and to participate in the Field in the Territory. The party controlling any such enforcement Enforcement Actions, and, without limiting the generality of the foregoing, Licensor may implead Licensee as a necessary party to any such legal action may not settle, or otherwise and Licensee agrees to consent to an adverse judgment insuch joinder; provided, such action however that diminishes the rights or interests of the non-controlling party without the prior express written consent of the non-controlling party. All monies recovered upon the final judgment or settlement of such action Licensee’s participation shall be shared, after reimbursement of expenses, in relation to the damages suffered by each party. If the Company does not receive sufficient monies from a final judgment or settlement to cover its expenses for such suit, the Company shall have the right to credit up to [***] percent ([***]%) of such expenses against any royalties or other fees owing by the Company pursuant to Article 2 aboveat Licensor’s expense.