Common use of Patent Enforcement and Defense Clause in Contracts

Patent Enforcement and Defense. ZGI shall have the sole and ------------------------------ exclusive right, but not the obligation, to defend and enforce all ZGI Patents, including but not limited to: sending cease & desist letters; initiating and participating in interference proceedings, protest proceedings, reissue proceedings, re-examination proceedings, and lawsuits; defending declaratory judgment proceedings; and settling disputes with third parties. ZGI shall be solely responsible for the costs associated with such defense and enforcement and shall retain all damages and monies awarded as a result of such efforts. Likewise, NN shall have the sole and exclusive right, but not the obligation, to defend and enforce all NN Patents, including but not limited to: sending cease & desist letters; initiating and participating in interference proceedings, protest proceedings, reissue proceedings, re-examination proceedings, and lawsuits; defending declaratory judgment proceedings; and settling disputes with third parties. NN shall be solely responsible for the costs associated with such defense and enforcement and shall retain all damages and monies awarded as a result of such efforts.

Appears in 2 contracts

Sources: Cross License Agreement (Zymogenetics Inc), Cross License Agreement (Zymogenetics Inc)