Common use of Infringement by Third Party Clause in Contracts

Infringement by Third Party. 7.1 Both Caltech and Licensee agree to notify the other in writing should either party become aware of infringement of the Licensed Patents. Licensee, upon notice to Caltech, shall have the sole right to initiate an action against the infringer at Licensee’s expense, either in Licensee’s name or in Caltech’s name if so required by law, Licensee shall have sole control of the action.

Appears in 4 contracts

Samples: License Agreement (Fluidigm Corp), License Agreement, License Agreement (Fluidigm Corp)

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