Other Infringement. The Parties shall mutually agree on a case-by-case basis (A) whether to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of any Patent Right that is not a Relevant Patent Right, (B) which Party would bring (or defend) and control such action, and (C) how the expenses of, and any recovery from, any such action would be allocated.
Appears in 6 contracts
Samples: License Agreement (Tonix Pharmaceuticals Holding Corp.), License Agreement (Oramed Pharmaceuticals Inc.), License and Sublicense Agreement (Virpax Pharmaceuticals, Inc.)
Other Infringement. The Parties parties shall mutually agree on a case-by-case basis (A) whether to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of any Joint Patent Right that anywhere in the world to the extent the Infringement is not a Relevant Patent RightCompetitive Infringement, (B) which Party party would bring (or defend) and control such action, and (C) how the expenses of, and any recovery from, any such action would be allocated.
Appears in 4 contracts
Samples: Option and License Agreement, Option and License Agreement (Arcus Biosciences, Inc.), Option and License Agreement (Arcus Biosciences, Inc.)
Other Infringement. The Parties parties shall mutually agree on a case-by-case basis (A) whether to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of any Joint Patent Right that anywhere in the world to the extent the Infringement is not a Relevant Patent RightCompetitive Infringement, (B) which Party party would bring (or defend) and control such action, and (C) how the expenses of, and any recovery from, any such action would be allocated.. ***Certain Confidential Information Omitted
Appears in 2 contracts
Samples: Collaboration and License Agreement (Equillium, Inc.), Collaboration and License Agreement (Equillium, Inc.)
Other Infringement. The Parties shall mutually agree on a case-by-case basis (A) whether to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of any Joint Patent Right that anywhere in the world to the extent the Infringement is not a Relevant Patent RightCompetitive Infringement, (B) which Party would bring (or defend) and control such action, and (C) how the expenses of, and any recovery from, any such action would be allocated.
Appears in 1 contract
Other Infringement. The Parties parties shall mutually agree on a case-by-case basis (A) whether to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of any Joint Patent Right that anywhere in the world to the extent the Infringement is not a Relevant Patent RightCompetitive Infringement, (B) which Party party would bring (or defend) and control such action, and (C) how the expenses of, and any recovery from, any such action would be allocated.
Appears in 1 contract
Samples: Collaboration and License Agreement (Equillium, Inc.)
