Infringement of Third Party Patents. In the event that a Third Party files an action against a Party alleging that such Party's activities under this Agreement infringe such Third Party's patent rights, such Party shall give written notice to the other Party, and the Parties will consult and cooperate on the best course of action. The Party that was sued shall have the right to defend itself against such action, and the other Party shall provide all reasonable assistance in such defense.
Appears in 8 contracts
Samples: License Agreement (Intermune Inc), Assignment and Option Agreement (Intermune Pharmaceuticals Inc), Development and Commercialization Agreement (Molichem Medicines Inc)
Infringement of Third Party Patents. In the event that a Third Party files an action against a Party alleging that such Party's ’s activities under this Agreement infringe such Third Party's ’s patent rights, such Party shall give written notice to the other Party, and the Parties will consult and cooperate on the best course of action. The Party that was sued shall have the right to defend itself against such action, and the other Party shall provide all reasonable assistance in such defense.
Appears in 3 contracts
Samples: License Agreement (Intermune Inc), Assignment and Option Agreement (Horizon Pharma PLC), Assignment and Option Agreement (Vidara Therapeutics International LTD)
Infringement of Third Party Patents. In the event that a Third Party files an action against a Party alleging that such Party's ’s activities under this Agreement infringe such Third Party's ’s patent rights, such Party shall give written notice to the other Party, and the Parties will consult and cooperate on the best course of action. The Party that was sued shall have the right to defend itself against such action, and the other Party shall provide all reasonable assistance in such defensedefense at the requesting Party’s sole expense.
Appears in 3 contracts
Samples: License and Development Agreement (CymaBay Therapeutics, Inc.), License and Development Agreement (CymaBay Therapeutics, Inc.), License and Development Agreement (CymaBay Therapeutics, Inc.)
Infringement of Third Party Patents. In the event that a Third Party files an action against a Party alleging that such Party's activities under this Agreement infringe such Third Party's patent rights, such Party shall give written notice to the other Party, and the Parties will shall consult and cooperate on the best course of action. The Party that was sued shall have the right to defend itself against such action, and the other Party shall provide all reasonable assistance in such defense.
Appears in 1 contract
Samples: Development and Marketing Agreement (Intermune Pharmaceuticals Inc)
Infringement of Third Party Patents. In the event that a Third Party files an action against a Party alleging that such Party's activities under this Agreement infringe such Third Party's patent rights, such Party shall give written notice to the other Party, and the Parties will consult and cooperate on the best course of action. The Party that was sued shall have the right to defend itself against such action, and the other Party shall provide all reasonable assistance in such defense.Third
Appears in 1 contract
