Common use of Patent Prosecution; Enforcement and Defense Clause in Contracts

Patent Prosecution; Enforcement and Defense. Shionogi shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Shionogi's name and at Shionogi's own costs and expense. Shionogi will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Shionogi, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Shionogi in its sole discretion. In the event that Shionogi institutes an action at its expense against alleged Third Party infringers with respect to Compound or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Shionogi in such action, upon the request of Shionogi and Shionogi shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Shionogi as a result of such a proceeding or other action shall he retained by Shionogi.

Patent Prosecution; Enforcement and Defense. ‌ Shionogi shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Shionogi's name and at Shionogi's own costs and expense. Shionogi will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Shionogi, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Shionogi in its sole discretion. In the event that Shionogi institutes an action at its expense against alleged Third Party infringers with respect to Compound or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Shionogi in such action, upon the request of Shionogi and Shionogi shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Shionogi as a result of such a proceeding or other action shall he retained by Shionogi.

Patent Prosecution; Enforcement and Defense. ‌ Shionogi shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Shionogi's name and at Shionogi's own costs and expense. Shionogi will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Shionogi, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Shionogi in its sole discretion. In the event that Shionogi institutes an action at its expense against alleged Third Party infringers with respect to Compound or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Shionogi in such action, upon the request of Shionogi and Shionogi shall reimburse Licensee for Licenseefor the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Shionogi as a result of such a proceeding or other action shall he retained by Shionogi.