Common use of Jointly Owned Patents Clause in Contracts

Jointly Owned Patents. Notwithstanding Section 6.4.1 above, in the event that any Joint Patent Right is infringed or misappropriated by a Third Party, GSK and Unigene shall discuss whether, and, if so, how, to enforce or defend such Joint Patent Right in an infringement action, declaratory judgment or other proceeding. In the event only one Party wishes to participate in such proceeding, it shall have the right to proceed alone, at its expense, and may retain any recovery; provided, at the request and expense of the participating Party, the other Party agrees to cooperate and join in any proceedings in the event that a Third Party asserts that the co-owner of such Joint Patent Right is necessary or indispensable to such proceedings.

Jointly Owned Patents. Notwithstanding Section 6.4.1 7.4(a) above, in the event that any patent related to a Joint Patent Right Invention is infringed or misappropriated by a Third Party, GSK and Unigene ADVANCIS shall discuss whether, and, if so, how, to enforce such jointly owned patent or defend such Joint Patent Right jointly owned patent in an infringement action, declaratory judgment or other proceeding. In the event only one Party wishes to participate in such proceeding, it shall have the right to proceed alone, at its expense, expense and may retain any recovery; provided, at the request and expense of the participating Party, the other Party agrees to cooperate and join in any proceedings in the event that a Third Party asserts that the co-owner of such Joint Patent Right Invention is necessary or indispensable to such proceedings.

Jointly Owned Patents. Notwithstanding Section 6.4.1 6.5.1 above, --------------------- in the event that any Joint Patent Right patent that is jointly owned by Unigene and GSK under Section 6.1 of this Agreement is infringed or misappropriated by a Third Party, GSK and Unigene shall discuss whether, and, if so, how, to enforce such jointly owned patent or defend such Joint Patent Right jointly owned patent in an infringement action, declaratory judgment or other proceeding. In the event only one Party wishes to participate in such proceeding, it shall have the right to proceed alone, at its expense, and may retain any recovery; provided, at the request and expense of the participating Party, the other Party agrees to cooperate and join in any proceedings in the event that a Third Party asserts that the co-owner of such Joint Patent Right Invention is necessary or indispensable to such proceedings.

Jointly Owned Patents. Notwithstanding Section 6.4.1 6.5.1 above, in the event that any Joint Patent Right patent that is jointly owned by Unigene and GSK under Section 6.1 of this Agreement is infringed or misappropriated by a Third Party, GSK and Unigene shall discuss whether, and, if so, how, to enforce such jointly owned patent or defend such Joint Patent Right jointly owned patent in an infringement action, declaratory judgment or other proceeding. In the event only one Party wishes to participate in such proceeding, it shall have the right to proceed alone, at its expense, and may retain any recovery; provided, at the request and expense of the participating Party, the other Party agrees to cooperate and join in any proceedings in the event that a Third Party asserts that the co-owner of such Joint Patent Right Invention is necessary or indispensable to such proceedings.