Common use of M.I.T. Right to Prosecute Clause in Contracts

M.I.T. Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time after COMPANY first becomes aware of the basis for such action, M.I.T. shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to M.I.T.

Appears in 12 contracts

Samples: Patent License Agreement, Exclusive Patent License Agreement (Cardiomems Inc), Massachusetts Institute of Technology (Bionik Laboratories Corp.)

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M.I.T. Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time after COMPANY first becomes aware of the basis for such action, M.I.T. shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to M.I.T.M.I.T. M.I.T. shall consult with COMPANY prior to commencing any such action.

Appears in 3 contracts

Samples: Exclusive Patent License Agreement (Synlogic, Inc.), Patent License Agreement (Visterra, Inc.), Patent License Agreement (Visterra, Inc.)

M.I.T. Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action or settle the infringement within a reasonable time after COMPANY first becomes aware of the basis for such action, M.I.T. shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to M.I.T.

Appears in 2 contracts

Samples: Patent License Agreement (BioTrove, Inc.), Patent License Agreement (BioTrove, Inc.)

M.I.T. Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time [***] days after COMPANY first becomes aware of the basis for such action, M.I.T. shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to M.I.T.M.I.T. M.I.T. shall consult with COMPANY prior to commencing any such action.

Appears in 2 contracts

Samples: Exclusive Patent License Agreement (Sigilon Therapeutics, Inc.), Exclusive Patent License Agreement (Sigilon Therapeutics, Inc.)

M.I.T. Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or entering into a settlement agreement with such alleged infringer or fails to have initiated an infringement action within a reasonable time after COMPANY first becomes aware of the basis for such actionaction (which period shall be at least * days), M.I.T. shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to M.I.T.

Appears in 2 contracts

Samples: Patent License Agreement (Enumeral Biomedical Holdings, Inc.), Patent License Agreement (Enumeral Biomedical Holdings, Inc.)

M.I.T. Right to Prosecute. In the event that COMPANY LICENSEE is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time after COMPANY LICENSEE first becomes aware of the basis for such action, M.I.T. shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to M.I.T.

Appears in 2 contracts

Samples: Patent License Agreement (Choicetel Communications Inc /Mn/), Patent License Agreement (Choicetel Communications Inc /Mn/)

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M.I.T. Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time after COMPANY first becomes aware of the basis for such actionaction (and provided that the Company has been unsuccessful in persuading the alleged infringer to desist), M.I.T. shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to M.I.T.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (BiomX Inc.)

M.I.T. Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or Company fails to have initiated initiate ------------------------- an infringement action within a reasonable time after COMPANY it first becomes aware of the basis for such action, or to answer a declaratory judgment action within a reasonable time after such action is filed, M.I.T. shall have the right, at its sole discretion, right to prosecute such infringement or answer such declaratory judgment action, under its sole control and at its sole expense, and any recovery obtained shall belong be given to M.I.T.

Appears in 1 contract

Samples: Patent License Agreement (Chirex Inc)

M.I.T. Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time after COMPANY first becomes aware of the basis for such action, M.I.T. shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense[********], and any recovery obtained shall belong to M.I.T.[********].

Appears in 1 contract

Samples: Exclusive Patent License Agreement (SQZ Biotechnologies Co)

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