PATENT PROTECTION. The vendor agrees to indemnify and defend the State of New Hampshire from alleged and actual patent infringements and further agrees to hold the State of New Hampshire harmless from any liability arising under RSA 382- A:2-312(3). (Uniform Commercial Code).
PATENT PROTECTION. 10.1. LICENSEE shall be responsible for all past, present and future costs of filing, prosecution and maintenance of all United States patent applications contained in the LICENSED PATENTS. Any and all such United States patent applications, and resulting issued patents, shall remain the property of YALE.
PATENT PROTECTION. (a) Seller will defend Buyer at its own expense, as set forth herein, against any claim that the design or manufacture of any standard Product furnished hereunder constitutes an infringement of any United States patents or other industrial property rights. Buyer shall notify Seller promptly in writing of any such claim of infringement and shall give Seller full authority, information and assistance in settling or defending such claim. Seller shall have no liability whatsoever with respect to any claims settled by Buyer without Seller’s prior written consent. Seller shall not have any liability to the Buyer under any provision of this clause if any patent infringement or claim thereof, is based upon the use of the goods as modified by any person other than the Seller or in combination with equipment or devices act made by Seller, or in a manner for which the goods were not designed.
PATENT PROTECTION. By accepting this order, Seller agrees to indemnify and hold harmless and protect Buyers, its successors, assigns customers and the users of its products from and against all loss, liability, claims, demands, and suits, judgments or awards, al law or equity and all costs of such suits, including attorney’s fees, for actual or alleged infringement of any Letters Patent, Trade Marks, Trade Names, Service Marks, or corresponding rights granted by any government, domestic, or foreign, by reason of the use or possession of the articles sold to Buyer by Seller hereunder. In case the sale or use of the goods shall be found to constitute patent, copyright or trademark infringement and/or their use is enjoined, Buyer may, at its sole option, pursue any remedy or remedies at law or in equity, including, without limitation, requiring Seller wither to procure for Buyer the right to continue using such goods, to modify them so they become non-infringing or to remove them, to supply equivalent non-infringing goods, or and refund the total purchase price therefore.
PATENT PROTECTION. Each of Party may, in its own name and at its own expense and in its sole discretion, obtain, maintain and/or extend any patents or other proprietary rights in connection with such Party’s respective Improvements and shall do so jointly (or in such other manner as they may agree) with respect to Joint Improvements.
PATENT PROTECTION. Supplier shall defend and hold harmless IES, its subsidiaries and affiliates, and their respective customers, from all expenses, liabilities and losses of any kind (including attorneys’ fees), growing out of claims, suits or proceedings alleging any patent, trademark, or copyright infringement arising from the manufacture, sale or use of any Goods ordered or Services provided hereunder. Supplier shall promptly assume the defense of any such claim, suit or proceeding and shall pay all costs, damages, royalties or profits which may be decreed or awarded against IES, its subsidiaries, affiliates, agents or customers in connection therewith. Supplier shall, at its own cost and expense, either procure for IES the right to continue using the Goods or Services or any part thereof, or modify the Goods or Services so that they become non-infringing, provided that such modified Goods or Services shall conform in every respect to the applicable specifications and terms and conditions of this Purchase Order. If neither of these alternatives is possible, then Supplier shall promptly refund to IES the purchase price paid for such Goods or Services. Supplier shall further indemnify and hold harmless IES, its subsidiaries and affiliates, and their respective officers, directors, employees, agents and customers, from all other claims, demands, liabilities, costs and expenses (including attorneys’ fees) arising from any actual or alleged
PATENT PROTECTION. 10.1 After the EFFECTIVE DATE, Biohaven shall be responsible for any and all present and future on-going costs of filing, prosecution and maintenance of the PATENT RIGHTS. Upon the EFFECTIVE DATE, any and all such United States and foreign territory patent applications, and resulting issued patents shall become the property of Biohaven.
PATENT PROTECTION. The Licensee shall [**]:
PATENT PROTECTION. The Section applies in the case of any Joint Research Results, as well as when Sponsor elects to both support the filing of patent applications and to negotiate an exclusive or nonexclusive commercial use license in disclosed UMD Research Results, as per Section VI.B.1 above. Within sixty (60) days of either receipt of Sponsor’s election under VI.B above, or receipt by one Party of written notice from the other of the existence of Joint Research Results, the Parties shall agree on the scope of patent applications arising thereunder, where to file such applications, and which Party will serve as the lead for all matters related to the preparation, filing, defense, and maintenance of the corresponding patent application and resulting patents (“Patent Process”). The lead Party will be responsible for selecting patent counsel, subject to the other Party’s consent; preparing and submitting all filings, subject to a duty of meaningful prior consultation with the other Party; providing written notice to the other Party of Patent Process actions; and providing copies of all documents submitted and/or received in connection with the Patent Process within thirty (30) days of the date of such actions and/or receipt or submission of documents. The lead Party will not modify the scope of any patent application or change patent counsel without the prior written approval of the other Party. The other Party agrees to cooperate with and assist the lead Party throughout the Patent Process. In the event that the lead Party is the UMD and the Sponsor fails to execute required papers at the UMD’s request, Sponsor hereby irrevocably appoints any duly authorized official of UMD as Sponsor’s attorney-in-fact to sign any and all such papers. Sponsor shall be responsible for all costs related to the Patent Process unless otherwise agreed to by the Parties in writing.
PATENT PROTECTION. 10.1 LICENSEE shall be responsible for all present and future costs of filing, prosecution and maintenance of all United States patent applications contained in the LICENSED PATENTS that are incurred by YALE after the EFFECTIVE DATE. Any and all such United States patent applications, and resulting issued patents, shall remain the property of YALE. Notwithstanding the foregoing, YALE agrees to negotiate in good faith with LICENSEE to reduce LICENSEE’s payment on LICENSED PATENTS in the event that the LICENSED PATENTS outside of FIELD is licensed by YALE to a third party.
