Infringement of Patent Rights by Third Parties Clause Samples
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Infringement of Patent Rights by Third Parties. 8.01 Each party to this AGREEMENT is obligated to inform the other promptly in writing of any alleged infringement of which it becomes aware and of any available evidence of infringement by a THIRD PARTY of any patents within the PATENT RIGHTS.
8.02 If during the term of this AGREEMENT, LICENSEE becomes aware of any alleged infringement by a THIRD PARTY, LICENSEE shall have the right, but not the obligation, to either:
(a) settle the infringement suit by sublicensing the alleged infringer or by other means; or
(b) prosecute at its own expense any infringement of the PATENT RIGHTS. In the event LICENSEE prosecutes such infringement of PATENT RIGHTS, LICENSEE may, for such purposes, request to use the name of DUKE as party plaintiff. DUKE, at its sole discretion, may agree to become a party plaintiff, and all costs associated therewith shall be borne by LICENSEE. [***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
8.03 In the event that LICENSEE undertakes the enforcement and/or defense of the PATENT RIGHTS by litigation, including any declaratory judgment action, [***]. Any recovery of damages by LICENSEE as a result of such action shall be applied [***].
8.04 In the event LICENSEE does not undertake action to prevent the infringing activity within [***] of having been made aware and notified thereof, DUKE shall have the right, but not the obligation, to prosecute at its own expense any such infringements of the PATENT RIGHTS and, in furtherance of such right, DUKE may use the name of LICENSEE as a party plaintiff in any such suit without expense to LICENSEE. [***]. Any recovery of damages by DUKE for any infringement shall be applied [***].
8.05 In any infringement suit instituted by either party to enforce the PATENT RIGHTS pursuant to this AGREEMENT, the other party hereto shall, at the request and expense of the party initiating such suit, reasonably cooperate in all respects and, to the extent reasonably possible, have its employees testify when requested and make available relevant records, papers, information, samples, specimens, and the like.
8.06 LICENSEE has the sole right in accordance with the terms and conditions herein to sublicense any LICENSED PRODUCT or LICENSED PROCESS to an alleged infringer under the PATENT RIGHTS in the TERRITORY in order to avoid infringement in the future.
8.07 Any of ...
Infringement of Patent Rights by Third Parties. With respect to the Subject Technology, each Party shall promptly inform the other of any known or suspected infringement of any patent right, or of any misuse, misappropriation, theft or breach of confidence of any other proprietary right by any third party. So long as, and to the extent that, this Agreement remains in full force and effect, LICENSEE shall have the right, but not the obligation, to institute (alone or jointly with any other licensees of the Subject Technology that desire to participate) an action for infringement, misuse, misappropriation, theft or
Infringement of Patent Rights by Third Parties. Because the Patent Rights detailed herein are jointly owned, in the event of any infringement of any such Patent Rights, the Parties will promptly discuss and decide how to enforce such patent Rights against an alleged Third Party infringer. The Parties will cooperate in any action taken to enforce the Patent Rights and will reach agreement on various issues relating to any such enforcement action including, but not limited to, determining which Party will lead such enforcement action, and any settlement discussions, cost sharing and award sharing (if any). 13 14 DuPont, Genencor Collaborative R&D Agreement
Infringement of Patent Rights by Third Parties. In the event either party becomes aware that a third party is infringing any patented intellectual property related to technology or products resulting from a Royalty Project for use in Diagnostics, the parties shall confer as to the manner in which they will proceed with respect to such infringement. Ciba shall have the exclusive right to commence and prosecute an action for patent infringement against such infringing party (provided that Ciba shall consult with CCD with respect to such commencement and prosecution), except that CCD shall have the right to commence and prosecute a counterclaim in any suit defended by CCD pursuant to Article 8 hereof (provided that CCD shall consult with Ciba with respect to such commencement and prosecution). If Ciba undertakes such action or CCD asserts such counterclaim, any damages recovered first shall be applied to reimburse such party all expenses of such action not otherwise reimbursed and next shall be paid to Ciba and CCD in proportion to their actual damages upon which such recovery was based. If Ciba fails to commence action to prevent such infringement within ninety (90) days after learning of the facts constituting such infringement, or if Ciba agrees to settle any such action on a basis which would allow such infringement to continue, then CCD shall cease to be obligated to pay royalties in respect of any product or service incorporating technology or products resulting from a Royalty Project until such infringement shall have ceased.
Infringement of Patent Rights by Third Parties. Because the Alliance Patent Rights detailed herein are jointly owned, in the event of any infringement of any such Alliance Patent Rights, the Parties will promptly discuss and decide how to enforce such Alliance Patent Rights against an alleged Third Party infringer. The Parties will cooperate in any action taken to enforce the Alliance Rights and will reach agreement on various issues relating to any such enforcement action including, but not limited to, determining which Party will lead such enforcement action, and any settlement discussions, cost sharing and award sharing (if any).
Infringement of Patent Rights by Third Parties. [...***...], in the event of any infringement of any such Alliance Rights, the Parties will promptly discuss and decide how to enforce such Alliance Rights against an alleged Third Party infringer. The Parties will cooperate in any action taken to enforce the Alliance Rights and will reach agreement on various issues relating to any such enforcement action including, but not limited to, determining which Party will lead such enforcement action, and any settlement discussions, cost sharing and award sharing (if any). *CONFIDENTIAL TREATMENT REQUESTED
Infringement of Patent Rights by Third Parties
Infringement of Patent Rights by Third Parties