IP Enforcement. In event of any infringement, the University shall take appropriate action for IP enforcement under the relevant laws and rules of the country, as in force.
IP Enforcement. (a) BioNano, on behalf of itself and its Affiliates (and their respective successors and assigns), shall have the first right, but not obligation, to take any measures it deems appropriate to enforce BioNano Intellectual Property Rights. In the event of any third party infringes, misuses, misappropriates, or violates BioNano Intellectual Property Rights in the Territory in the Fields of Use, Xxxxx shall serve a written notice to BioNano. If BioNano elects not to take action with respect to enforcement actions to cease such infringement, misuse, misappropriation or violation, BioNano shall so inform Xxxxx within […***…] upon receiving Xxxxx’x notice, and Xxxxx shall have the right, but not the obligation, to initiate actions to cease such infringement, misuse, misappropriation or violation. BioNano agrees to provide reasonable assistance related to such enforcement actions as Xxxxx may request at the cost and expenses of Xxxxx. Xxxxx may not offer or provide or sublicense to any third party in settlement or compromise of any such enforcement action any intellectual property right belonging to or controlled by BioNano without the express written consent of BioNano.
IP Enforcement. With respect to any actual or potential infringements of any Licensed RNAi IP in the RNAi Field by a Third Party, Arrowhead shall have the exclusive right, but not the obligation, to prosecute at its own expense any action or proceeding with respect to such infringements and, with respect to any actual or potential infringements of Licensed RNAi IP outside of the RNAi Field by a Third Party, Novartis shall have the exclusive right, but not the obligation, to prosecute at its own expense any action or proceeding with respect to such infringements (Arrowhead or Novartis, in prosecuting any such action or proceeding in accordance with the foregoing, is referred to as the “Enforcing Party”). Any recoveries resulting from enforcement actions under this Section 2.08 shall first be applied against payment of each Party’s costs and expenses in connection therewith. Any such recoveries in excess of such costs and expenses (the “Remainder”) shall be shared by the Parties as follows: (a) if Arrowhead initiates such action or proceeding, then such Remainder shall be treated as Net Sales and will be subject to the payment obligations to Novartis under Article 6 (and for purposes of calculating the applicable royalty rate and commercial milestones, such Remainder will be combined with any Net Sales for such calendar year), with Arrowhead retaining the balance after such payment; or (b) if Novartis initiates such action or proceeding, the Remainder shall be divided equally between the Parties. In furtherance of Enforcing Party’s enforcement rights, the other Party (the “Joined Party”) hereby agrees that the Enforcing Party may include the Joined Party as a party plaintiff in any such action or proceeding if such joinder is deemed by the Enforcing Party to be necessary to commence or maintain any action or proceeding with respect to infringement of Licensed RNAi IP. Each Enforcing Party agrees to reasonably consult with the other Party on positions taken or statements made in any such action or proceeding relating to the scope, validity and/or infringement of claims within the Licensed RNAi IP. No settlement, consent judgment or other voluntary final disposition of the suit may be entered into in any such action or proceeding without the consent of the Joined Party, which consent shall not unreasonably be withheld.
IP Enforcement. Halliburton shall have the exclusive right to control any enforcement action involving the Program IP.
IP Enforcement. (a) Hyzon will have the exclusive right to bring any Action for any past, present or future infringement of the Hyzon Patents and any Hyzon Patent Improvements throughout the world. JS Horizon shall, and shall cause any other applicable Horizon Entities to, reasonably cooperate with respect to any such Action at Hyzon’s request and expense, including by joining any such Action as a party to the extent reasonably requested by Hyzon and reasonably necessary to bring or maintain such Action.
IP Enforcement. If a third party infringes any Product Intellectual Property as such relates to the rights granted to LICENSEE under Article 2, LICENSEE shall have the first right, but not the obligation, to institute and prosecute an Action or Proceeding to xxxxx such infringement and to resolve such matter by settlement or otherwise.
IP Enforcement. If, during the term of this Agreement, either Party becomes aware of any actual or threatened infringement or misappropriation of any Hydroponic IP or Developed IP by any third party that impacts the Licensed Products or their use, the following provisions shall apply:
IP Enforcement
