Patent Infringement by Others Sample Clauses

Patent Infringement by Others. If Arch Coal comes to know of any suspected infringement of any Patent of ADA relating to the Licensed Technology, Arch Coal shall promptly notify ADA to that effect, identifying ADA-ES – Arch Coal Development and License Agreement Confidential and Proprietary Execution Copy the infringer and nature of the infringement, and whether Arch Coal desires for ADA to xxx the infringer. ADA shall respond to Arch Coal’s notice in writing within sixty (60) calendar days after receipt thereof, stating whether ADA will pursue the infringer. If ADA pursues the infringer, it shall have sole control of such proceedings and of the terms of any settlement thereof, provided that such settlement is consistent with the terms of this Agreement, including the exclusivity of the licenses granted to Arch Coal and its Affiliates under Section 3. If the infringement involves use of the Licensed Technology for the Purpose in the Field of Use and (a) ADA states that it intends to pursue the infringer but the infringement continues to exist three (3) months after ADA’s notice to Arch Coal and the infringer is not then negotiating a settlement with ADA, and ADA has not filed a patent infringement lawsuit against the infringer or (b) if ADA initiates settlement negotiations or a patent infringement lawsuit against the infringer but fails to diligently pursue such negotiations or claim, Arch Coal may do so in the name and on behalf of ADA. Alternatively, if the infringement involves use of the Licensed Technology for the Purpose in the Field of Use and ADA states in its notice to Arch Coal that it does not intend to pursue the infringer, then ADA shall either (i) authorize Arch Coal in such notice, to the extent permitted by law, at Arch Coal’s sole expense, to protect the Patents from infringement by prosecuting such infringer in the name and on behalf of ADA, or (ii) state the reasons for ADA’s good faith determination that prosecuting the infringer is not reasonably necessary, proper or justified. If the infringement continues to exist three (3) months after ADA’s notice to Arch Coal authorizing Arch Coal to prosecute the infringer and the infringer is not then negotiating a settlement with Arch Coal, or if Arch Coal initiates settlement negotiations or a patent infringement lawsuit against the infringer but fails to diligently pursue such negotiations or claim, ADA may do so. If Arch Coal is prohibited by law from initiating or carrying on such a suit, action or other proceeding in A...
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Patent Infringement by Others. In the event that any infringement or suspected infringement of the Patent Rights comes to the attention of either Party, it shall promptly notify the other Party thereof. Upon the occurrence of any infringement or suspected infringement of the Patent Rights, VTT and the Licensee shall as soon as practicable consult to decide what steps shall be taken to prevent or terminate such infringement. VTT or the Licensee shall take all such steps as may be agreed by them, including the institution of legal proceedings, where necessary, in the name of one of the Parties or in the joint names of VTT and the Licensee as appropriate. For the avoidance of doubt, neither Party shall have any obligation to initiate or take part in any specific actions or proceedings.
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Patent Infringement by Others. 10.1 DMD shall have the initial exclusive right and option, at its expense, to institute infringement or other appropriate legal actions against alleged prospective or actual infringers under the patent laws of the relevant jurisdiction, and to retain all monetary recovery received therefrom. Any recovery of lost profits or lost sales less costs and expenses of litigation shall be deemed a part of Net Sales upon which an earned royalty is due and payable. Such earned royalty is to be paid to CDI within sixty (60) days of receipt of any monetary judgment payment.
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Patent Infringement by Others. 10.1 DMD shall have the initial exclusive right and option at its expense, to institute infringement or other appropriate legal actions against alleged prospective or actual infringers under the patent laws of the relevant jurisdiction and to retain all monetary recovery received therefrom. Any recovery of lost profits or lost sales less costs and expenses of litigation shall be deemed a transfer of New Home-use Whitening Products kits upon which an earned royalty is due and payable to CL. Such earned royalty is to be paid to CI within sixty (60) days of receipt of any monetary judgment payment.
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Patent Infringement by Others. Any infringement of any of the Patent Rights or other Assigned Technology which comes to the attention of either ION or NEWCO shall be handled in accordance with the terms of the Sub-license Agreement.
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Patent Infringement by Others. In the event that any infringement of any of the Licensed Patents comes to the attention of either party hereto, such party shall promptly notify the other party thereof. If LTC determines not to undertake an infringement suit at the expense of LTC that PLL deems to be reasonably required and in the interests of PLL, PLL shall have the right to undertake such suit at its own expense in the name of LTC or PLL or both. In such event, LTC shall cooperate fully with PLL, at PLL's expense. Any recovery obtained by PLL as the result of a proceeding undertaken by PLL, by settlement or otherwise, shall be the property of PLL.
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Related to Patent Infringement by Others

  • Patent Infringement 3.1 Each party will notify the other promptly in writing when any infringement by another is uncovered or suspected.

  • Infringement by Third Parties Genetronics and Ethicon shall promptly notify the other in writing of any alleged or threatened infringement of any patent included in the Genetronics Patent Rights or the Joint Patent Rights of which they become aware. Both parties shall cooperate with each other to terminate such infringement without litigation. Genetronics shall have the right to bring and control any action or proceeding with respect to infringement of any patent included in the Genetronics Patent Rights, at its own expense and by counsel of its own choice, and Ethicon shall have the right to be represented in any such action, at its own expense and by counsel of its own choice. In the event any patent included in the Joint Patent Rights is infringed by a Third Party, the party responsible for prosecution and maintenance of the applicable Joint Patent Rights under Section 10.2(b) shall have the right to bring and control any action or proceeding with respect to such patent, and the other party shall have the right to be represented in any such action by counsel of its own choice, and the parties shall share equally in the expenses thereof. With respect to infringement of any patent included in the Genetronics Patent Rights, if Genetronics fails to bring an action or proceeding within (a) 90 days following the notice of alleged infringement or (b) 10 days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, Ethicon shall have the right to bring and control any such action, at its own expense and by counsel of its own choice, and Genetronics shall have the right to be represented in any such action, at its own expense and by counsel of its own choice. In the event a party brings an infringement action, the other party shall cooperate fully, including if required to bring such action, the furnishing of a power of attorney. Neither party shall have the right to settle any patent infringement litigation under this Section 10.5 in a manner that diminishes the rights or interests of the other party without the consent of such other party. In the event Genetronics brings such action, any recovery realized as a result of such litigation, after reimbursement of any litigation expenses of Genetronics and Ethicon, shall belong to Genetronics.

  • Infringement by Third Party (a) Each party will promptly notify the other party of any infringement or possible infringement of any of the Patents or other Licensed Technology. Licensee shall have the right, but not the obligation, to prosecute such infringement at its own expense. In such event, UM shall cooperate with Licensee, at UM’s expense. Licensee shall not settle or compromise any such suit in a manner that imposes any obligations or restrictions on UM or grants any rights to the Licensed Technology which are inconsistent with the rights and obligations of Licensee or UM pursuant to this Agreement, without UM’s written consent.

  • No Infringement by Third Parties To the Knowledge of the Company, no third party is misappropriating, infringing, diluting or violating any Intellectual Property owned or licensed by the Company, and no such claims have been brought against any third party by the Company.

  • Infringement Controlled Affiliate shall promptly notify Plan and Plan shall promptly notify BCBSA of any suspected acts of infringement, unfair competition or passing off that may occur in relation to the Licensed Marks and Name. Controlled Affiliate shall not be entitled to require Plan or BCBSA to take any actions or institute any proceedings to prevent infringement, unfair competition or passing off by third parties. Controlled Affiliate agrees to render to Plan and BCBSA, without charge, all reasonable assistance in connection with any matter pertaining to the protection of the Licensed Marks and Name by BCBSA.

  • Infringement of Patents by Third Parties (a) Except as expressly provided in the remainder of this Section 6.3, Intrexon shall have the sole right to take appropriate action against any person or entity directly or indirectly infringing any Intrexon Patent (or asserting that an Intrexon Patent is invalid or unenforceable) (collectively, “Infringement”), either by settlement or lawsuit or other appropriate action.

  • Infringement of Third Party Rights Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either of the Parties hereunder infringes or may infringe the intellectual property rights of such Third Party. Genentech shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Genentech’s activities under this Agreement at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Genentech fails to proceed in a timely fashion with regard to such defense, Curis shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Curis shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Curis’ activities under this Agreement at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Curis fails to proceed in a timely fashion with regard to such defense, Genentech shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Neither Party shall have the right to settle any infringement action under this Section 10.5 in a manner that diminishes the rights or interests of the other Party hereunder without the consent of such Party.

  • Trademark Infringement (a) If either Party learns that a third party is infringing the ACTIMMUNE xxxx, it shall promptly notify the other in writing. The Parties shall use reasonable efforts in cooperation with each other to stop such trademark infringement without litigation.

  • Infringement of Third Party Patents (a) If a third party asserts that a patent or other proprietary right owned by it is infringed by the manufacture, use, importation, offer for sale or sale of a Licensed Product in the Field and in the Territory and such alleged infringement arises in whole or in part from Alcon's use of the Pharmacyclics Technology (a "Claim"), the Party against whom such a Claim was asserted shall immediately provide the other Party notice of such Claim and the related facts in reasonable detail. Unless it is mutually agreed that the Parties should proceed jointly in defending such an action, the Party sued shall defend such action. The other Party shall cooperate in connection therewith and shall have the right to be represented separately by counsel of its own choice, at its own expense. The entity (whether Pharmacyclics or Alcon) that controls the defense of such a Claim with respect to the Licensed Product in the Field and in the Territory shall also have the right to control settlement of such Claim; provided, however, that no settlement shall be entered into without the consent of the other Party. To the extent that any of the costs set forth in clauses (i), (ii) or (iii) of this sentence are attributable to infringement arising from Alcon's use of the Pharmacyclics Technology, Alcon shall have the right to deduct from and offset against royalties otherwise payable to Pharmacyclics under Section 4.4(a), the following: (i) all litigation costs related to such Claim; (ii) any money damages paid by Alcon or its Affiliates pursuant to any judgment or settlement resulting from such Claim; and (iii) any royalty that Alcon and/or its Affiliates and sublicensees are required to pay to a third party in settlement of such Claim in order to continue to exercise Alcon's license rights as set forth in this Agreement. Notwithstanding the foregoing, in no event shall royalties owed Pharmacyclics under Section 4.4(a) be reduced by more than (*) in any given royalty period.

  • INFRINGEMENT AND PATENT ENFORCEMENT 11.1 PHS and Licensee agree to notify each other promptly of each infringement or possible infringement of the Licensed Patent Rights, as well as, any facts which may affect the validity, scope, or enforceability of the Licensed Patent Rights of which either party becomes aware.

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