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 of the Parties pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party.

Appears in 3 contracts

Samples: Marketing and Supply Agreement (Arena Pharmaceuticals Inc), Marketing and Supply Agreement (Arena Pharmaceuticals Inc), Marketing and Supply Agreement (Arena Pharmaceuticals Inc)

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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 of the Parties Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. In such event, the provision of Section 10.2 and 10.3 shall govern the rights of the Parties, as applicable.

Appears in 3 contracts

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

Infringement of Third Party Rights. (a) Each Party shall promptly notify the other in writing of any written allegation or claim by a Third Party that the activity one or more activities of either of the Parties pursuant to this Agreement or the Manufacturing and Supply Agreement in relation to the Territory infringes or may infringe the intellectual property rights of such Third Party. Prior to the commencement of proceedings by any such Third Party each Party shall, in close consultation and liaison with the other, be responsible for responding to the Third Party on their own behalf.

Appears in 3 contracts

Samples: Development and License Agreement (Gw Pharmaceuticals PLC), Development and License Agreement (Gw Pharmaceuticals PLC), Development and License Agreement (Gw Pharmaceuticals PLC)

Infringement of Third Party Rights. (a) Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either of the Parties pursuant to this Agreement or the Supply Agreement infringes or may infringe the intellectual property rights of such Third Party.

Appears in 2 contracts

Samples: License and Collaboration Agreement (Planet Alpha Corp.), License and Collaboration Agreement (Mannkind 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 of the Parties pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third PartyParty in the Territory.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Acelrx Pharmaceuticals Inc), Collaboration and License Agreement (Acelrx Pharmaceuticals Inc)

Infringement of Third Party Rights. a. Each Party shall will promptly notify the other in writing of any allegation by a Third Party that the activity of either of the Parties pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party.

Appears in 1 contract

Samples: Research Collaboration and License Agreement (Genome Therapeutics Corp)

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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 of the Parties parties or their Affiliates, licensees or sublicensees pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party.

Appears in 1 contract

Samples: License and Collaboration Agreement (Cypress Bioscience Inc)

Infringement of Third Party Rights. Each During the Term, each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either of the Parties pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party.

Appears in 1 contract

Samples: Transaction Agreement (Arena 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 of the Parties Party pursuant to this Agreement infringes or may infringe the intellectual property rights of such Third Party. The Parties shall discuss in good faith strategies for addressing the matter and cooperate with each other to terminate such infringement without litigation.

Appears in 1 contract

Samples: Exclusive License Agreement (Aptose Biosciences Inc.)

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