Infringement of Patents by Third Parties. (a) Except as expressly provided in the remainder of this Section 6.3, Intrexon shall have the sole right to take appropriate action against any person or entity directly or indirectly infringing any Intrexon Patent (or asserting that an Intrexon Patent is invalid or unenforceable) (collectively, “Infringement”), either by settlement or lawsuit or other appropriate action.
Infringement of Patents by Third Parties. Virobay will use commercially reasonable efforts to enforce Celera Patents and Virobay Patents. Virobay has the sole right to enforce the Celera Patents against Third Parties and to defend the Celera Patents against any challenge. Celera will reasonably assist and cooperate in any such enforcement or defense. Virobay will bear all costs and expenses (including attorneys’ fees) incurred by either Party after the Effective Date to carry out the activities described in this Section 7.2. Recoveries in any actions under this Section 7.2 will first be used to reimburse each Party’s costs and expenses (including attorneys’ fees) for such action. After the reimbursement of costs and expenses (“Net Recovery”), Virobay will pay to Celera out of Net Recovery an amount equal to [* * *].
Infringement of Patents by Third Parties. Infringement of Dainippon Patents, RiboGene Patents or Collaboration Patents by third parties as well as infringement of third party patents by Dainippon shall be governed by the provisions of the License Agreement.
Infringement of Patents by Third Parties. (1) Each party shall promptly notify the other in writing of any alleged or threatened infringement of the Tularik Patents, the Merck Patents, or the Program Patents which may adversely impact the rights of the parties hereunder, of which it becomes aware.
Infringement of Patents by Third Parties. 19.01 If SEN becomes aware of any infringement or alleged infringement in the Territory of any of the Patents, it shall immediately notify EATON in writing of the name and address of each infringer or alleged infringer and the acts or alleged acts of infringement of the Patents. EATON shall have the first right, consistent with the law of the place of infringement, to bring an infringement action against any or all such infringers or alleged infringers of the Patents. In the event that EATON elects to bring any such infringement action in its own name, EATON shall bear any and all expenses incurred in maintaining such infringement action and shall retain for itself any and all moneys or other benefits derived from such infringement action. If EATON shall deem xx necessary or desirable to join SEN as a party plaintiff in any infringement action against an infringer or alleged infringer of the Patents, EATON shall consult with and obtain the approval of SEN prior to institution of such infringement action. In the event that EATON and SEN so agree jointly to bring such an infringement action, the parties shall (a) bear equally any and all expenses incurred in maintaining such infringement action, and (b) share equally any and all moneys or other benefits derived from such infringement action.
Infringement of Patents by Third Parties. (a) Except as expressly provided in the remainder of this Section 6.3, Intrexon shall have the sole right to take appropriate action against any person or entity directly or indirectly infringing any Intrexon Patent (or asserting that a Intrexon Patent is invalid or unenforceable) (collectively, “Infringement”), either by settlement or lawsuit or other appropriate action. Infringing activities of a third party (or third parties) in the Field constitute a “Field Infringement”. The determination of which Intrexon Patent(s) to assert shall be made by Intrexon in its sole discretion; provided, however, that Intrexon shall consult in good faith with Elanco on such determination.
Infringement of Patents by Third Parties. (a) In the case of any infringement within the Field of Use of any Patent by any third party during the Term of this Agreement, Urologix will have the first right, but not the obligation, at Urologix’s expense, to cause such third party to cease infringement and to otherwise enforce such Patent, or to defend the Patent in any declaratory judgment action brought by third parties which alleges the invalidity, unenforceability or non-infringement of the rights associated with the Patent in the Field of Use. Urologix will have control of the conduct of any such action that it brings, provided that Urologix will not enter into any settlement, consent judgment or other voluntary disposition of any such action without the prior written consent of Medtronic, which consent will not be unreasonably withheld, delayed or conditioned, if the settlement would admit the invalidity or unenforceability of any Patent owned by Medtronic. Medtronic will, at the request and expense of Urologix, cooperate and provide such reasonable assistance as Urologix may request in any action described in this Section 7.2.2(a). Except for providing such reasonable assistance, Medtronic will have no obligation regarding the legal actions described herein; provided that if required to enable Urologix to initiate or continue such action, Medtronic will join such action at Urologix’s request and expense. Medtronic, however, will have the right to participate in any such action through its own counsel and, except as provided in the next sentence, at its own expense. Any recovery or compensation resulting from such proceeding will first be used to reimburse Medtronic for any unreimbursed expenses in connection with providing assistance or joining the proceeding at Urologix’s request, then to reimburse Urologix for any expenses, and Medtronic for any other expenses, in connection with the proceeding (including attorney’s fees, expert witness fees, court fees, and related charges), and the remainder, if any, will belong entirely to Urologix, as the Party with commercial interest in the Field of Use, whose damages will be the basis of any recovery in the enforcement action.
Infringement of Patents by Third Parties. (a) Each Party shall promptly notify the other Party in writing of any existing or threatened infringement in the Territory of the Ampio Patents or Daewoong Patents of which it becomes aware, and shall provide all evidence in such Party’s possession demonstrating such infringement.
Infringement of Patents by Third Parties. A. RADIUS IP - In the event that 3M or RADIUS becomes aware of any actual, suspected, threatened, or prospective Competitive Infringement of any RADIUS Arising IP, such Party will notify the other Party promptly, and following such notification, the Parties will confer. RADIUS shall have the sole right, at its sole cost and expense, to control the enforcement of Patents that constitute RADIUS Background IP and RADIUS Arising IP.
Infringement of Patents by Third Parties. Each Party shall have the sole right to control the enforcement of patent applications and patents claiming inventions owned by such Party, at its sole expense. The Parties shall establish a process for the control and funding of enforcement of patents within any jointly owned Intellectual Property from time to time following the Effective Date as reasonably necessary as agreed between the Parties.
