Common use of Infringement of Patents Clause in Contracts

Infringement of Patents. If either Party has knowledge of any infringement of Licensor Technology or Licensor Know-How, the Party having such knowledge shall promptly inform the other of such infringement. The Parties shall thereafter discuss what action should be taken, including whether any legal proceeding should be instituted. If the Parties mutually agree on the course of action to be taken in respect of any such infringement, they shall jointly select counsel and equally share any expenses. Any settlement or recovery shall be shared in the following manner: First, each party shall be reimbursed for all attorneys’ fees and expenses associated with the legal proceedings, on a pro rata basis, if the attorneys’ fees exceed the amount of the settlement or recovery; Second, 90% of remaining amounts shall be distributed to Licensee and 10% of the remaining amounts shall be distributed to Licensor. If either party determines to take action, but the other Party does not desire to do so, the first Party may take action at its own expense and through counsel of its own choice, and any settlement or recovery shall in such case belong solely to the Party taking action. If one party institutes and carries on a legal proceeding to enforce Licensor Technology against an alleged infringing party, the other Party shall fully cooperate with and supply all assistance reasonably requested by the Party instituting and carrying or such proceeding. Licensee shall be responsible at its sole cost and expense for enforcing Licensee Patents against an alleged infringing party.

Infringement of Patents. If either a Party has knowledge reason to believe that any of the patents of the other is being infringed by a third Party, the former shall promptly notify the latter and shall provide it with any evidence of any infringement of Licensor Technology or Licensor Know-How, the Party having such knowledge shall promptly inform the other of such infringementwhich is reasonably available. The Parties Party owning such patent shall thereafter discuss what action should be takenhave the first opportunity at its own expense to attempt to resolve such infringement by appropriate steps including suit. In such event, including whether any legal proceeding should be instituted. If the Parties mutually agree on the course of action to be taken in respect of any such infringement, they shall jointly select counsel and equally share any expenses. Any settlement or recovery shall be shared in the following manner: First, each party shall be reimbursed for all attorneys’ fees and expenses associated with the legal proceedings, on a pro rata basis, if the attorneys’ fees exceed the amount of the settlement or recovery; Second, 90% of remaining amounts shall be distributed to Licensee and 10% of the remaining amounts shall be distributed to Licensor. If either party determines to take action, but the other Party does not desire will assist in taking such steps, including suit, within reasonable limits, and any amount recovered as a result thereof shall first be applied to do soreimbursing the Party taking such action for its out-of-pocket expenses, then for reimbursing the other Party for its out-of-pocket expenses incurred in connection with such action, and the remainder, if any, shall be for the account of the Party owning such patent. In the event the Party owning such patent fails to cause such infringement to cease or institute suit or other legal action with respect to any such infringement within a period of six months following such notice of infringement, the first other Party may shall have the right to take action any appropriate steps, including filing suit against the infringer at its own expense and through counsel in the name of its own choice, and any settlement or recovery shall in such case belong solely to the Party taking actionowning the patent, if necessary. If one party institutes and carries on a legal proceeding to enforce Licensor Technology against an alleged infringing partyIn such event, the other Party shall fully cooperate with and supply all assistance assist the Party bringing suit as reasonably requested by and shall permit the Party instituting bringing suit to prosecute such infringement in the name of the owner of the patent. The expenses reasonably incurred in taking such steps, including suit and carrying or such proceeding. Licensee legal action, and any amount recovered as a result thereof shall be responsible at first applied to reimbursing the Party taking such action for out-of-pocket expenses, and then to reimbursing the Party not taking such action for its sole cost out-of-pocket expenses incurred in connection with such action, and expense the remainder, if any, shall be for enforcing Licensee Patents against an alleged infringing partythe account of the Party taking such action.

Infringement of Patents. If either a Party has knowledge reason to believe that any of the patents of the other is being infringed by a third party, the former shall promptly notify the latter and shall provide it with any evidence of any infringement of Licensor Technology or Licensor Know-How, the Party having such knowledge shall promptly inform the other of such infringementwhich is reasonably available. The Parties Party owning such patent shall thereafter discuss what action should be takenhave the first opportunity at its own expense to attempt to resolve such infringement by appropriate steps including suit. In such event, including whether any legal proceeding should be instituted. If the Parties mutually agree on the course of action to be taken in respect of any such infringement, they shall jointly select counsel and equally share any expenses. Any settlement or recovery shall be shared in the following manner: First, each party shall be reimbursed for all attorneys’ fees and expenses associated with the legal proceedings, on a pro rata basis, if the attorneys’ fees exceed the amount of the settlement or recovery; Second, 90% of remaining amounts shall be distributed to Licensee and 10% of the remaining amounts shall be distributed to Licensor. If either party determines to take action, but the other Party does not desire will assist in taking such steps, including suit, within reasonable limits, and any amount recovered as a result thereof shall first be applied to do soreimbursing the Party taking such action for its out-of-pocket expenses, then for reimbursing the other Party for its out-of-pocket expenses incurred in connection with such action, and the remainder, if any, shall be for the account of the Party owning such patent. In the event the Party owning such patent fails to cause such infringement to cease or institute suit or other legal action with respect to any such infringement within a period of six (6) months following such notice of infringement, the first other Party may shall have the right to take action any appropriate steps, including filing suit against the infringer at its own expense and through counsel in the name of its own choice, and any settlement or recovery shall in such case belong solely to the Party taking actionowning the patent, if necessary. If one party institutes and carries on a legal proceeding to enforce Licensor Technology against an alleged infringing partyIn such event, the other Party shall fully cooperate with and supply all assistance assist the Party bringing suit as reasonably requested by and shall permit the Party instituting bringing suit to prosecute such infringement in the name of the owner of the patent. The expenses reasonably incurred in taking such steps, including suit and carrying or such proceeding. Licensee legal action, and any amount recovered as a result thereof shall be responsible at first applied to reimbursing the Party taking such action for out-of-pocket expenses, and then to reimbursing the Party not taking such action for its sole cost out-of-pocket expenses incurred in connection with such action, and expense the remainder, if any, shall be for enforcing Licensee Patents against an alleged infringing partythe account of the Party taking such action.