Common use of Infringement by Third Party Clause in Contracts

Infringement by Third Party. 6.1 Caltech shall protect the Licensed Patent Rights from infringement and prosecute infringers when, in its sole reasonable judgment, such action may be reasonably necessary, proper and justified. Notwithstanding the foregoing, Licensee shall have the right to Sublicense any alleged infringer pursuant to Paragraph 2.1.

Appears in 4 contracts

Samples: License Agreement (Omnicorder Technologies Inc), Omnicorder Technologies Inc, Omnicorder Technologies Inc

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Infringement by Third Party. 6.1 Caltech CALTECH shall at its expense, have the first right but not the obligation to protect the Licensed Patent Rights and patents claiming Improvements from infringement and prosecute infringers when, in its sole reasonable judgment, such action may be reasonably necessary, proper and justified. Notwithstanding the foregoing, Licensee LICENSEE shall have the right to Sublicense sublicense any alleged infringer pursuant to Paragraph 2.12.1 and 2.2.

Appears in 2 contracts

Samples: License Agreement (GenMark Diagnostics, Inc.), License Agreement (GenMark Diagnostics, Inc.)

Infringement by Third Party. 6.1 Caltech shall at its expense, have the first right but not the obligation to protect the Licensed Patent Rights from infringement and prosecute infringers when, in its sole reasonable judgment, such action may be reasonably necessary, proper and justified. Notwithstanding the foregoing, Licensee shall have the right to Sublicense sublicense the Licensed Patent Rights or Technology to any alleged infringer pursuant to Paragraph 2.1.

Appears in 1 contract

Samples: License Agreement (Cerulean Pharma Inc.)

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Infringement by Third Party. 6.1 Caltech 6.1. CALTECH shall at its expense, have the first right but not the obligation to protect the Licensed Patent Rights and patents claiming Improvements from infringement and prosecute infringers when, in its sole reasonable judgment, such action may be reasonably necessary, proper and justified. Notwithstanding the foregoing, Licensee LICENSEE shall have the right to Sublicense sublicense any alleged infringer pursuant to Paragraph 2.12.1 and 2.2.

Appears in 1 contract

Samples: License Agreement (Osmetech PLC)

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