Common use of Infringement of Third Party Rights Clause in Contracts

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither Party shall have the right to settle any patent infringement litigation under this Section 8.6 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 4 contracts

Samples: License Agreement (ContraVir Pharmaceuticals, Inc.), License and Development Agreement (Akers Biosciences, Inc.), License Agreement (Provention Bio, Inc.)

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Infringement of Third Party Rights. (a) Each Party party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither Party party shall have the right to settle any patent infringement litigation under this Section 8.6 8.5 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld)[***].

Appears in 3 contracts

Samples: Option and License Agreement (Arcus Biosciences, Inc.), Option and License Agreement (Arcus Biosciences, Inc.), Option and License Agreement (Arcus Biosciences, Inc.)

Infringement of Third Party Rights. Each Party party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party, provided that in the event such Third Party also alleges the invalidity, unenforceability or non-infringement of any of the Biocon Patents or Joint Patents, such allegation or claim shall be handled as a Competitive Infringement. Neither Party party shall have the right to settle any patent infringement litigation under this Section 8.6 7.6 in a manner that diminishes the rights or interests of the other Party party without the written consent of such other Party party (which shall not be unreasonably withheld).

Appears in 3 contracts

Samples: Collaboration and License Agreement (Equillium, Inc.), Collaboration and License Agreement (Equillium, Inc.), Collaboration and License Agreement (Equillium, Inc.)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither Party party shall have the right to settle any patent infringement litigation under this Section 8.6 8.4 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 2 contracts

Samples: License Agreement (Longboard Pharmaceuticals, Inc.), License Agreement (Longboard Pharmaceuticals, Inc.)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither Party shall have the right to settle any patent infringement litigation under this Section 8.6 10.8 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 2 contracts

Samples: Collaboration, License and Option Agreement (Curis Inc), Collaboration, License and Option Agreement (Curis Inc)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither Party shall have the right to settle any patent infringement litigation under this Section 8.6 8.5 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 2 contracts

Samples: License and Sublicense Agreement (Virpax Pharmaceuticals, Inc.), License Agreement (Tonix Pharmaceuticals Holding Corp.)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity manufacture, use, sale or importation of either Party pursuant to this Agreement infringes any Compound or Product Infringes or may infringe Infringe the intellectual property rights of such Third Party. Neither Party shall have the right to settle any patent infringement litigation under this Section 8.6 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 1 contract

Samples: License Agreement (Chimerix Inc)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither No Party shall have the right to settle any patent infringement Infringement litigation under this Section 8.6 7.5 in a manner that diminishes the rights or interests of the other Party Parties without the written consent of such other Party Parties (which shall not be unreasonably withheld).

Appears in 1 contract

Samples: License Agreement (Enochian Biosciences Inc)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes Infringes or may infringe Infringe the intellectual property rights of such Third Party. Neither Party shall have the right to settle any patent infringement Infringement litigation under this Section 8.6 8.8 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 1 contract

Samples: License Agreement (Larkspur Health Acquisition Corp.)

Infringement of Third Party Rights. Each Party party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party of the parties pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Each party will use commercially reasonable efforts to cooperate with the other party in resolving or defending against any such claims. Neither Party party shall have the right to settle any patent infringement litigation under this Section 8.6 9.5 in a manner that diminishes the rights or interests of the other Party party without the written consent of such other Party (which shall not be unreasonably withheld)party.

Appears in 1 contract

Samples: Collaboration Agreement (Cubist Pharmaceuticals Inc)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither Party shall have the right to settle any patent infringement litigation under this Section 8.6 9.7 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 1 contract

Samples: Option and License Agreement (Acucela Inc.)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither No Party shall have the right to settle any patent infringement Infringement litigation under this Section 8.6 7.5 in a manner that diminishes the rights or interests of the other Party Parties, or obligates the other Parties to assume any fault, liabilities or additional obligations, without the prior written consent of such other Party (which shall not be unreasonably withheld)Parties.

Appears in 1 contract

Samples: Work and License Agreement (Enochian Biosciences Inc)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third PartyParty in the Field in the Licensee Territory. Neither Party shall have the right to settle any patent infringement litigation under this Section 8.6 11.4 in a manner that diminishes the rights or interests of the other Party in its respective territory without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 1 contract

Samples: Exclusive License Agreement (Allogene Therapeutics, Inc.)

Infringement of Third Party Rights. Each Party shall promptly notify the other Party in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Such Party shall notify the other Party no later than [***] following the date on which such Party acquires knowledge of the Third Party allegation. Neither Party shall have the right to settle any patent infringement litigation under this Section 8.6 12.4 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).. ​

Appears in 1 contract

Samples: Exclusive License Agreement (Inventiva S.A.)

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Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither Party shall have the right to settle any patent infringement litigation under this Section Article 8.6 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 1 contract

Samples: License Agreement (Oramed Pharmaceuticals Inc.)

Infringement of Third Party Rights. Each Party shall promptly notify the other Party in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Such Party shall notify the other Party no later than [***] following the date on which such Party acquires knowledge of the Third Party allegation. Neither Party shall have the right to settle any patent infringement litigation under this Section 8.6 12.4 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 1 contract

Samples: Exclusive License and Collaboration Agreement (Inventiva S.A.)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither Party shall have the right to settle any patent infringement Infringement litigation under this Section 8.6 6.5 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 1 contract

Samples: License Agreement (DanDrit Biotech USA, Inc.)

Infringement of Third Party Rights. Each Party party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement of the parties or their Affiliates or contractor in connection with the development, manufacture, use, offer for sale, sale or import of Product infringes the issued patent rights (or may would infringe the intellectual property rights claims, if issued, of such a pending patent application) of any Third PartyParty in the Territory (“Patent Claims”). Neither Party shall have the right to settle any patent infringement litigation under this Section 8.6 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which Patent Claims shall not be unreasonably withheld)include any claims subject to indemnification under Section 10.

Appears in 1 contract

Samples: License Agreement (Par Pharmaceutical Companies, Inc.)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes Infringes or may infringe Infringe the intellectual property rights of such Third Party. Neither Party shall have the right to settle any patent infringement Infringement litigation under this Section 8.6 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld).

Appears in 1 contract

Samples: License Agreement (Larkspur Health Acquisition Corp.)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither Party shall have the right to settle any patent infringement litigation under this Section 8.6 12.4 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld)[*].

Appears in 1 contract

Samples: License and Collaboration Agreement (C4 Therapeutics, Inc.)

Infringement of Third Party Rights. Each Party shall promptly notify the other Party in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. Neither Party The Parties shall have discuss in good faith strategies for addressing the right matter and cooperate with each other to settle any patent terminate such infringement litigation under this without litigation. If, after such discussion, the Parties fail to terminate such infringement without litigation, the provisions of Section 8.6 in a manner that diminishes 10.1 and 10.2 shall govern the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld)Parties.

Appears in 1 contract

Samples: And Supply Agreement (Spectrum Pharmaceuticals Inc)

Infringement of Third Party Rights. Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party, or of any other deficiency with respect to those intellectual property rights. Neither Party shall have the right to settle any patent infringement litigation under this Section 8.6 8.4 in a manner that diminishes the rights or interests of the other Party without the written consent of such other Party (which shall not be unreasonably withheld, conditioned, or delayed).

Appears in 1 contract

Samples: License Agreement (Mateon Therapeutics Inc)

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